1

Expert Witness Report, Conclusions and Opinions

Of Fredric Alfred Hamilton - Consultant and Historian
on Reelfoot Lake’s History and Ownership Claims by the
State of Tennessee since 1909
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF
TENNESSEE AT JACKSON, TENNESSEE

NATALIE HORNBEAK-DENTON and )

ANN HORNBEAK, )
Plaintiffs, )
)
vs. ) Case No. 07-1189
)
GARY T. MYERS, TWRA EXECUTIVE )
DIRECTOR, individually and in his official )
capacity; JOHN C. GREGORY, TWRA CHIEF )
OF REAL ESTATE AND FORESTRY, )
individually and in his official capacity; )
and R. B. “BUDDY” BAIRD, MICHAEL )
CHASE, JOHNNY FORD COLEMAN, )
THOMAS H. EDWARDS, JAMES H. (JIM) )
FYKE, KEN GIVENS, MIKE HAYES, )
GARY K. KIMSEY, BOYCE C. MAGLI, )
MITCHELL S. PARKS, TODD A. SHELTON, )
HUGH T. “SKIP” SIMONTON, JR., and )
DANYA L. WELCH, COMMISSIONERS OF )
TWRC, in their official capacities, )
)
Defendants. )

Opinion Report Prepared by Fredric A. Hamilton on May 22, 2008

For:

Joe W. McCaleb and Associates

Attorney at Law
315 West Main Street, Suite 112
Hendersonville, TN 37075

08-22-2008 – Corrected & Amended Expert Witness Report with supplemental statement and exhibits list
 2

Conclusions and Opinions and Summary of History

on Reelfoot River & Reelfoot Lake in the State of
Tennessee and the Commonwealth of Kentucky

State of Tennessee’s Reelfoot Lake between 1909 and early 1942

Tennessee Department of Conservation – Division of Information – Published (1939)
Note: The above map was made after the first Reelfoot Lake Levee/Road Project was
constructed and completed in 1919/1920 - State Aid Project # 107, which included the
building of the first dam/spillway and levee road around the south end of Reelfoot Lake…
Water levels estimated to be below 280’ feet mean sea level as reflected on USGS maps in
that period in time...- “A Registered National Natural Landmark (NPS)” Exhibit # 1

Brief Summary and Introduction:

History - Reelfoot Lake is a shallow natural lake located in the extreme northwest
portion of Tennessee and Kentucky, United States of America, just east of the Mississippi
River. Much of it is really more of a swamp, or large wetland area with bayou-like
ditches (some natural, some man-made) connecting more open bodies of water called
basins, sloughs, the largest of which is called Blue Basin, Upper Blue Basin, Buck Basin
along with portions of Reelfoot River and the Bayou Du Chien River. Reelfoot Lake is
noted for its bald cypress trees and its nesting pairs of bald eagles. It is the site of the
18,000 Reelfoot Lake State Natural Area, 279 acre Reelfoot Lake State Park, 14,000 acre
TWRA Wildlife Management Area, and USFWS Reelfoot National Wildlife Refuge
 3

which is managed under a 75 year lease agreement, signed on August 28th 1941 with the
State of Tennessee and 1984 Memorandum of Understanding (MOU)1 .

The Commonwealth of Kentucky is not a signed party to the 1941 Lease agreement with
the United States Fish and Wildlife Service (USFWS). The State of Tennessee and the
United States Fish and Wildlife Service are riparian landowners at Reelfoot Lake. The
United States Fish and Wildlife Service own approximately 2500 acres in Kentucky and
561 acres in Tennessee. The August 28th 1941 lease agreement between the State of
Tennessee and the United States Fish and Wildlife Service was not recorded in the
Register’s office of Obion County, Tennessee until 1953. No Riparian landowners with
lakebed property inside of the boundaries of the North Carolina Landgrants #35, #51, #98
agreed to any of the terms in the 1941 lease agreement with the USFWS. These riparian
landowners have protected rights due to the Tennessee Supreme Court’s decisions in
1902 and 1913.2

Reelfoot Lake was the largest natural lake in Tennessee after the 1811/12 earthquakes
until 1919. Poor agricultural practices have resulted in the siltation of the lake occurring
at a far more rapid rate than it otherwise should, as it was common practice for corn,
cotton and soybeans to be planted literally up to the water's edge and in its watershed in
Tennessee and Kentucky.

It’s referenced in the West Tennessee Historical Society Papers in Vol. No. VI 1952,
written by author Attorney Hillsman Taylor (former State of Tennessee Attorney General
and local landowner of lakebed lands at Reelfoot Lake):

“Reelfoot Lake was formed by the New Madrid earthquake of

1811 and 1812, which caused the uplift of the lands near what
is now the south boundary of the lake. The generally accepted
opinion has been that the lake was formed by the sinking of
the land but geologists contend that on the contrary, there
was an uplift. Reelfoot Lake today, as it was immediately after
its formation, is covered with stumps and trees except in a few
places where there were sloughs prior to the earthquake. The
principal sloughs or small lakes were upper and lower Blue
Basin. Lower Blue Basin was the deepest point in the lake and
the water there at ordinary water mark was about 16 feet
deep”.

Other popular history articles says that the lake was formed when the region subsided
after the New Madrid earthquakes of 1811–1812, and that the Mississippi River flowed
backward for three days to fill it, but some scientists dispute the validity of this story in
written official reports. The observations of the few persons in the region at time confirm
that something serious occurred in the Reelfoot River area in conjunction with the
1
1984 MOU No. 14-16-0004-34-941 between the TWRA, TNDOC(TDEC), and USFWS
2 Webster v. Harris, 69 S.W. 782, 788-89 (Tenn. 1902)
and State ex rel. Cates v. West Tenn. Land Co., 158 S.W. 746, 747 (Tenn. 1913)
 4

earthquakes, and that it undoubtedly resulted in major changes in the landforms of the
area which are very changeable at any rate, as the area is comprised primarily of glacial
loess soil.

When a river reaches a low-lying plain in its final course to the sea or a lake, it meanders
widely. Deposition occurs on the convex bank because of the ‘slack water’, or water at
low velocity. In contrast, both lateral erosion and undercutting occur on the concave bank
where the stream’s velocity is the highest. Continuous erosion of a concave bank and
deposition on the convex bank of a meandering river cause the formation of a very
pronounced meander with two concave banks getting closer. The narrow neck of land
between the two neighboring concave banks is finally cut through by either lateral
erosion of the two concave banks of the strong currents during a flood. When this
happens, a new straighter river channel is created and an abandoned meander loop, called
a cut-off, is formed. When deposition finally seals off the cut-off from the river channel,
an oxbow lake is formed. The “Natural” Reelfoot Lake prior to 1919 was an oxbow lake
made by abandon meander loops of the Mississippi River.

Reelfoot Lake was a type of natural oxbow lake and is a type of lake which is formed
when a meander from a stream or a river is cut off to form a lake. They are called oxbow
lakes due to the distinctive curved shape that results from this process. Reelfoot Lake was
a natural lake until it was dammed up in the early 1920s and made a man-made reservoir.

Exhibit # 2
Note # 1: The above photo is of the first Reelfoot Lake Dam/Spillway of 1919 to 1924, the structure was
built with a rock floor in 1919, some four (4’) higher that the ordinary low water mark of Reelfoot Lake in
1907 & 1913. (W.D. Howser - State Game Warden from 1909 to 1922 was in charge of the project)

In 1917, the State of Tennessee authorized a Reelfoot Lake Levee/Road project which
 5

was built by the Tennessee Department of Highways and Public Works and the Tennessee
Department of Game and Fish under the direct supervision of the State Warden W. D.
Howser3. The project was completed in the late 1920.

Exhibit # 3
Note # 2: The above photo is of the modified Reelfoot Lake Dam/Spillway of 1925 to 1931, the
structure was built with first concrete floor, some 20” lower than the original dam spillway it
also had a 22”deep fishway install in the design on the right in this picture.

The State Game Warden and the Tennessee Department of Public Works & Highways
was in charge of this spillway dam modification and the lowering of the water levels to
be more in line with the natural water levels prior to 1919/1920.
3
Authorized by Governor's Order on July 17, 1917, by Gov. Tom C. Rye - State of Tennessee under the authority of House Joint
Resolution No. 14 adopted April 2, 1917 and approved April 3, 1917, by Governor Tom C. Rye and House Joint Resolution No. 49,
adopted March 9, 1917, approved March 12, 1917 and approved Governor Tom C. Rye. In 1919, Under State of Tennessee Public Acts
of 1919, Public Chapter 155, the State authorized the starting of Tennessee --- State Aid Project No. 107, Lake County, Tennessee.

Tennessee -- State Aid Project No. 107, Lake County, included the construction of a box culvert with head gate at the Washout at
Reelfoot Lake, to control the waters from the Mississippi River, and the construction of a dam/spillway at Black Bayou to regulate the
waters of the Reelfoot Lake and the “Washout”. The Reelfoot Lake Levee/Road & Dam project was started on May 17, 1919, and
completed on January 18, 1921. The Governor of Tennessee along with State Game Warden W. D. Howser set the water level of the
first dam/spillway/bridge, which was not the water level of the 1907 or 1913 ordinary low water mark level.

This State of Tennessee's - Reelfoot Lake Levee/Road project # 107, dammed up Reelfoot Lake along the "Scatters" on the South end
of the lake from just southwest of White's Landing to east of Box Slough - a natural drainage of Reelfoot Lake. This State of
Tennessee Levee/Road project # 107 stopped boat traffic between south Reelfoot Lake, Lake Isom and Shelby Lake and points south
out of Reelfoot Lake proper. It closed up all six- (6) natural outlet drainages of Reelfoot Lake that were below 280' mean sea level. It
raised the water level of Reelfoot Lake by about four (4) feet, it was necessary to drive pilings across Black Bayou so as to hold the
dam across Black Bayou Slough and build a moot around the South end of the lake to funnel water to the first dam and spillway. The
project at the “Washout” was raised about 12” higher to keep the waters of the Mississippi River from backing in to Reelfoot Lake.
This drainage outlet (Harris Ditch) was also below 280’ mean sea level going straight into the Mississippi River just south of
Tiptonville, Tennessee. The first spillway was built to an elevation of 279.79’ +/- mean sea level (USGS) or 275.29 EL (TDOT) on
spillway plans. This level was raised in 1931 to 276.29 +/- EL (TDOT) or 280.79 mean sea levels (USGS).
 6

Exhibit # 4

Note # 3: The above photo is of the modified Reelfoot Lake Dam/Spillway in 1931, the second
structure built with a concrete floor by Gov. Henry Horton & the State Park Commission.
This structure has been altered several times since July 1931and permanent gates have
been placed in it, 15” higher than the concrete base. This photo was taken in
1941(TSLA)

Exhibit # 5
Current Reelfoot Lake Spillway Dam with Radial Gates modification of 1948, built by
the USFWS. This Barr fishway was add on to the structure and has been used by the
USFWS as a flood control gate since the early 1950s.. The USFWS has no flood
 7

control responsibly at Reelfoot Lake under the 1941 Lease Contract Agreement.
The State of Tennessee’s ownership claims to Reelfoot Lake
started with the 1909 House Resolution # 26, - 1909 and The
Reelfoot Committee’s “Report of Finding” on pages 489 thru
507, and Tennessee Public Acts 1909 – Public Chapter # 371
Summary Background: In 1788, the Colony of North Carolina granted and sold to
Revolutionary War Colonel George Doherty several tracts of land in an area that several
years later became part of West Tennessee (“Doherty Land-Grants”)4. A series of
earthquakes in 1811-12 help form Reelfoot Lake on land that was within the Doherty
Land-Grants, thus putting part of the Doherty Land-Grants area submerged under water
in the Reelfoot River Basin and Bayou Du Chien River Basin in the State of Tennessee
and Commonwealth of Kentucky. When North Carolina gave up her claim to Tennessee
in 1789, the Secretary of State of the United States requested a list of the lands that had
been granted in that territory so the rights of ownership could be protected. These rights
are protected under the re-cession acts of 1789 between the Colony of North Carolina and
the United States government.

Map on the left shows Reelfoot Lake in 1909 to early 1942 just south of the Kentucky
State boundary line and all of the waters of the lake are in Tennessee below 280’ feet
mean sea level. Map also shows the Reelfoot Lake Levee/Road Project of 1919/1920 on
the south end of Reelfoot Lake. Map on the right is a official map of the Tennessee
Government in 1795, it shows location of Reelfoot River prior to earthquakes of 1811 &

North Carolina Military Grants in western District, C, 62, Tennessee State Library and Archives - NC Land grants # 98, #35, #161,
#51 on July 10th 1788. It should also be noted its one other NC Land-grant at Reelfoot River - July 10th 1788 - Blount # 171 and maybe
some more south of the 1917 Reelfoot Lake Levee Road Project (information from David Kersey - Surveyor .
 8

1812. (TSLA) Exhibits # 1 & 6

In 1909, the State of Tennessee’s Senate and House of Representatives declared all of the
waters of Reelfoot Lake were in Tennessee under a special report of finding filed in
House Journal 1909 and on file at the Tennessee State Library and Archives (TSLA) in J
87. T2 178 cop .3 page 489 to 5075. Due to this written official State of Tennessee
investigation and report and the following Tennessee Public Acts from 1909 to 1925, the
State of Tennessee set up ownership claims of the Bayou Du Chien River Basin and
Reelfoot River Basin in Tennessee including what was called Reelfoot Lake proper at its
natural “ordinary low water mark of 1909” without any proof or justification. No official
surveys were done or recorded for this 1909 Report of Findings and none have been
found at this time. Following this official report the State of Tennessee started its
ownership claim in Tennessee Courts from 1909 until 1914. Tennessee official surveys
were done by H. M. Golden - Land Surveyor for the State of Tennessee, he was cited as
an expert witness for the State of Tennessee in the following Obion County Chancery
Court case which went to the Tennessee Supreme Court in 1913.6 His opinion reports,
exhibits along with certified surveys were referenced and cited in all of these early court
documents.

Even Mr. H. M. Golden’s certified survey in the summer of 1913 of all lands under the
waters of Reelfoot Lake proper and below the “ordinary low water mark” was used in
the Obion County Circuit Court case which condemn this land area which meets the P.
D. Hornbeak families land located on the south eastern shoreline of Reelfoot Lake
proper and just south of the City of Samburg, Tennessee. The Obion County Circuit
Court approved the location of this official boundary line in January of 1914.7 This
official survey boundary line was marked and stacked by Mr. H. M. Golden at the time
and was located after Mr. P. D. Hornbeak had purchased the property in his warranty deed
of 1907, which is still owned by the Hornbeak family today.8 This official circuit court
approved survey contained some 2949 acres of lakebed property from the West Tennessee
Land Company, which bordered the P. D. Hornbeak property. (More detail information
on this is also on page 10 of this report)

This above action was due to the 1913 Tennessee Supreme Court decision that Reelfoot
Lake was navigable in the legal sense and riparian land owners of Doherty Land-Grants
still owned the property identified by their deeds as defined by the metes and bounds
description even though parts of it may be submerged under Reelfoot Lake waters.
(Cited in Cates 1913 case: “as the Doherty lands were grantable by North Carolina, and
were subject to private ownership before the formation of the lake . . . the mere fact that
they have since become submerged by a body of navigable water does not deprive their
owners of their title.”). It should be noted that the 1902 Tennessee Supreme Court Case in
Webster vs Harris (1902)9 ruled on many issues regarding rights of riparian landowners at
5
1909 House Resolution # 26, 1909 Report of Finding on pages 489 thru 507, 1909 Public Acts – Public Chapter # 371
6
State ex rel. Cates v. West Tenn. Land Co., 158 S.W. 746, 747 (Tenn. 1913)
7
Obion County Circuit Court’s Condemnation Case in January 1914, against the West Tennessee Land
Company located in Deed Book 8-B pages 140 to 152 at the Obion County Courthouse.
8
Warranty Deed in Record Book 6-M, page 575 in Obion County Registers office
9 Webster v. Harris, 69 S.W. 782, 788-89 (Tenn. 1902)
 9

Reelfoot Lake. The property owned by the Hornbeak’s today was owned by Mr. Webster
when this case was filed in Lake County Chancery Court in 1899.
Riparian Rights issues are cited at TCA 69-1-101 pertaining to this Court Case.

Note # 4: 1912 Map of Reelfoot Lake by the USGS – Bulletin 494-1912 Fuller M L - This
Map reflects none of the waters of Reelfoot Lake going into the Commonwealth of
Kentucky. Estimate on Reelfoot Lake’s water level on this map is below 280’ feet mean
sea level with all the waters in the State of Tennessee. Exhibit # 7

In the 1913 Cates decision which granted to the State of Tennessee, the right to condemn
all land and water areas claimed by the West Tennessee Land Company under its deeds,
and below the low water mark of Reelfoot Lake in 1913. The State of Tennessee filed in
 10

late 1913 condemnation cases in Obion and Lake Counties, Tennessee against the West
Tennessee Land Company ownership claims. Later in 1914, court judgments by
agreement were granted to the State of Tennessee by the local Circuit Courts in Lake and
Obion Counties. But this Court decision and agreement left boundaries of the State’s
property along with other riparian landowners including West Tennessee Land Company
lands indefinite and uncertain, by reason of the fact that when the lake was swelled by
freshets the waters would encroach on the adjacent lands, and would recede when the
lake was shrunken by droughts. This left a large a large strip of land in dispute between
the “high water mark” and “low water mark” of the lake.10

The West Tennessee Land Company had several boundary line and property line disputes
filed in local courts at the time with other local riparian landowners at Reelfoot Lake
around the lake. The West Tennessee Land Co. did not own any of Reelfoot Lake in
Kentucky, or own all the land between the “high water mark” and “low water mark”,
based on my research and it’s questionable whether it could verify and prove all of its
boundary line claims.

Official surveys were done by Mr. H. M. Golden - Land Surveyor for the State of
Tennessee, he was the expert witness for the State of Tennessee from 1909 to 1913. He
completed these surveys and they were used in the condemnation cases in Circuit Courts
in Lake and Obion Counties, Tennessee. He also made an official certified survey for the
State of Tennessee on March 31st 1915 of all lands below the ordinary low water mark of
Reelfoot Lake owned and claimed by the State of Tennessee.11 The whole lake was
surveyed in this official survey for the State of Tennessee in 1915, and boundary lines
were marked with stacks and steel pins for everybody to see. This action was after P.D.
Hornbeak had purchased his property in 1907 in Warranty Deed 6-M, page 575.

Later in 1917, the State of Tennessee authorized the building of the Reelfoot Lake
Levee/Road Project around Reelfoot Lake on the south end. This State of Tennessee levee
road project cut off a large area south of Reelfoot Lake proper from the main lake, this
project was started in 1919. Early maps and land surveys indicate this area south of the
main lake was also part of Reelfoot Lake before 1919.12

Historical records, maps and other documents show that all natural outlets of Reelfoot
Lake proper were below 280' msl in 1907 and 1913, these natural outlets were damn up
by the State of Tennessee from 1919 to 1920. The Reelfoot Lake Levee/Road project
around the south end of Reelfoot Lake replaced all six (6) natural outlets with two single
spillways at Black Bayou Slough and the Washout. This levee and dam structures were
built higher than the six (6) natural outlets and the ordinary low water mark of 1907
(1901) and 1913. Reelfoot Lake proper at the time only covered approximately 15,500
surface acres, including approximately 13,000 acres of open water in Tennessee13.
“Lower Blue Basin was the deepest point in the lake and the water there at ordinary low
water mark was about 16 feet deep”.
10
Tennessee Academy of Science Report - Vol. # 8, page 13 to 21 - 1933
11
Tennessee Public Acts of 1915 - HJR No. 19 & Tennessee Senate Journal 1915, pages 936 to 942. - H. M. Golden 1915 Survey
12
See maps on the cover of this report at page #2 and on page #7.
13
Letter TN AG Office – Oct 19, 1988 – Statements made by Hillsman Taylor former TN AG Deputy in 1952.
 11

The above reference map show all natural drainage outlets on the south end of Reelfoot
Lake proper prior to the building of the Reelfoot Lake Levee Road project which
included the building of the first Reelfoot Lake Spillway Dam and Bridge in 1919/1920.
(Reference map is the 1902 W.W. Cochran survey map – commissioned by J.C. Harris)
This same 1902-1904 W.W. Cochran survey map commissioned by J. C. Harris and used
by him and his son Judge Harris was also used in local Lake and Obion Chancery Court
cases around early the early 1900s, as proof of the location of the Harris property at
Reelfoot Lake. Mr. Harris stated and claimed the size of his property was around 14,000
acres of water at its ordinary low water mark and the deepest point being only 16 feet
deep. (Lake County Chancery Court Records)Exhibit #8

The below section of this same W.W. Cochran survey map reflects none of the waters of
Reelfoot Lake proper are in the Commonwealth of Kentucky and agrees with the 1909
“Report of Findings” of the Tennessee General Assembly Official Report. Exhibit # 9

Northern Section of Reelfoot Lake in the 1902-1904 W.W. Cochran Survey Map –
Commissioned by J.C. Harris - None of the waters are in the Commonwealth
of Kentucky
Up on completion of this State of Tennessee project, the State raised the water levels
from what it was naturally in 1907(1901) and changed the natural ordinary low water
 12

mark of Reelfoot Lake for ever. The 1917 thru 1920 project created a man made
reservoir for the State of Tennessee. This action by the State of Tennessee also changed
the natural water levels of Reelfoot Lake with a higher constant pool level which is
maintained today, and is well above the ownership boundary lines of the State of
Tennessee property at Reelfoot Lake in 1914 and the defined deed boundary lines of the
Hornbeak’s, 1907 deed.

The State of Tennessee’s original property boundary lines were defined in 1914 under the
agreement and decision in the Obion County Circuit Court Condemnation Case as
outlined in Mr. H. M. Golden’s court approved survey of 2949 acres, below the low
water mark, and recorded in Record Book 8-B, pages 140 to 152. The approved
boundary lines between the State of Tennessee’s property and the Hornbeak’s property is
defined under this Obion County Circuit Court agreement and decisions in Obion County,
Tennessee in 1914 and recorded in the above deed.

From 1920 to 1924, the State of Tennessee modified and altered the original Reelfoot
Spillway/Dam several times; it lowered the main floor of the original spillway to reflect a
more natural height of the low water mark of Reelfoot Lake in late 1924. By February
1925, the floor of the first spillway/dam was altered and lowered plus corrected to be
more inline height with the natural low water levels prior to the building of the first
spillway in 1919. This modification and alteration was authorized and approved by Gov.
Austin Peay and the Tennessee General Assembly plus the Tennessee Highway and
Public Works Commission after a complete engineer study was conducted of Reelfoot
Lake natural elevations prior to the building the first spillway of 1919/20. This new
modified dam was built to an elevation of 278.4' +/- mean sea level (msl), constant pool
level of Reelfoot Lake waters was maintained this level until approximately 1931. The
original dam/spillway floor was lowered some 44” inches by February 19th 192514. (See
Photos on page 4 & 5)

Later in 1928, the State of Tennessee did purchase from the West Tennessee Land
Company all lands claimed by it and reference in the Obion County Register’s office in
Deed Book 10-E, pages 546 to 549.15 The West Tennessee Land Company did not own
the riparian rights to all the properties around Reelfoot Lake in 1928.

In 1931, the State of Tennessee State Park and Forestry Commission with the approval of
Gov. Henry Horton and the Tennessee General Assembly replaced the original spillway
and the modified dam/spillway of 1924/25 with a new concrete floor spillway/dam. It
was built approximately eighteen inches to twenty inches higher than the first
spillway/dam that was built in 1919. The approved modification in January 1924 and
lowering was claimed not to be correct so a new water level was set by the Governor
Henry Horton in the spring of 1931. This modification changed the water levels of
Reelfoot Lake to a much higher level than the “ordinary low water mark” or “low water
edge” of 1907. The elevation of the concrete floor of the replacement dam/spillway of
14
Letter of J.C. Burdick Jr. dated Feb 19, 1925 to Sen. Sam Bratton and Rep. J. A. Howard
15
The said lands and rights are the same sold and conveyed to the West Tennessee Land Company by deed of Jas. R. Deason and
others, dated October 29th 1907, and recorded in the Register’s office of Obion County, Tennessee in Deed Book No. 6-P, page 206-
210. West Tennessee Land Company President J. L Fry signed the deed.
 13

1931 was approximately 280’ .6” +/- feet msl, as it is today16.

Later in 1942, twenty (20), fourteen (15”) inch high wood gates were permanently
installed and added to the dam/spillway to further control the water levels at a much
higher level. This was done on March 24th 1942 by USFWS Manager Harry Adams under
the authority of the 1941 Lease agreement with the State of Tennessee and the United
States Fish and Wildlife Service.

Each of these events has, over time, gradually raised the water level from what was the
“Low water mark” of 1907, and has, thereby, covered additional land belonging to
Hornbeak’s and other riparian landowners. Reelfoot Lake’s water levels have been
altered andraised and is being held at a constant normal pool level of 282.2’ +/- feet msl
since 1942. This is at least two feet, and could be as much as four to five feet higher than
it was in 1907 or 1914 at its natural ordinary low water mark that is defined by the State
of Tennessee in surveys done by Mr. H. M. Golden and approved by Circuit Courts in
Lake and Obion County, Tennessee in 1913/1914.

It should be noted that each water level change or modification alteration of the water
levels created by the State of Tennessee nothing has be said about the metes and bounds
call lines defined in the official survey done by the State of Tennessee Surveyor Mr. H.
M. Golden in the 1913 in the Obion County Chancery Court Condemnation Case
between the State of Tennessee and the West Tennessee Land Company17. This survey is
recorded in Deed Book 8-B, page 140 to 152 - Register’s office Obion County,
Tennessee, which has metes and bounds calls and cites the location of the ordinary low
water mark of Reelfoot Lake in 1913 between the P. D. Hornbeak property and the State
of Tennessee which was purchased from the West Tennessee Land Company in 1914.

Also, Mr. Golden under the authority of Tennessee House Joint Resolution No. 12 and the
Tennessee General Assembly’s - Reelfoot Lake Commission of 1915 a official certified
survey was completed in 1915 of the State’s property at Reelfoot Lake. Mr. Golden
states: “ At the request of H.H. Barr and D. B. Puryear, Commissioners, appointed by
Joint Resolution passed by both Houses of the 1915 General Assembly of the State of
Tennessee, I have made a survey of the boundary lines of Reel-Foot Lake, Obion County
and Lake County, Tennessee, at the ordinary low water mark, and drove nail and spikes
and planted stakes as permanent markers and monuments”.

16
. January 30, 1931, --- Tennessee's - Reelfoot Lake -- Federal Aid Project # 71 - Reop: Federal Aid Project No. 71 - Contract was
awarded on January 30, 1931, and completed on July 21, 1931. Construction and building of the third dam/spillway -- 1931 Reelfoot
Lake Spillway/Dam/Bridge without the radial gate project.

On 03/12/31, the project plans for the 1931 spillway/dam/bridge, were raised by the Gov. Henry H. Horton and the Tennessee State
Park & Forestry Commission by one foot (1') above the original plans for the water level of Reelfoot Lake. TDOT Plans and structure
plans were raised from 275.29' EL to 276.29' EL, on the inlet side (lakeside) of the Dam/Spillway. This state project was authorized by
the Tennessee Public Acts of 1929 - Chapter 49 - House Bill No. 722 - approved on March 29, 1929, and signed by Gov. Henry H.
Horton. Gov. Henry H. Horton, which was a member of the Tennessee State Park & Forestry Commission. The Tennessee State Park
& Forestry Commission and the Tennessee Department of Highways built the 1931 Reelfoot Lake Dam/Spillway/Bridge at Black
Bayou Slough.

Note: (275.29' EL (TDOT) = 279.79' Mean Sea Level (USGS) and 276.29 EL (TDOT) = 280.79' Mean Sea Level) - USGS today.

17
Tennessee Public Acts of 1915 - HJR No. 19 & Tennessee Senate Journal 1915, pages 936 to 942. - H. M. Golden 1915 Survey
 14

In Mr. Golden’s 1915 survey he cites the location of the P. D. Hornbeak boundary lines “
Beginning on, March 13, 1915, in Obion County, Tennessee on the east side of the Lake,
at a Cypress marked as the north west corner of a one acre tract in the west line of the
Doherty Grant No. 51, where it enters Reel-Foot Lake at ordinary low water mark, thence
S. 54 degrees, W. 82 poles to Charley Lee’s N. W. Corner, on a cypress, continuing same
direction, 152 poles to a cypress, P.D. Hornbeak’s N.W. Corner, Lee’s S. W. Corner,
continuing same direction, 12 poles to a stake; thence 52 degrees W. 36 poles to Gum
Point; thence S. 30 degrees W. 93 poles, S. W. Corner of Hornbeak’s & Gleeson’s N. W.
Corner…” This full report and official survey was recorded in Tennessee’s Senate Journal
of the 56th General Assembly of the State of Tennessee starting on page 936.

The Hornbeak’s low water edge or low water mark property line is defined in this survey
as being 141 poles long or 2326.5 feet on the ground by Mr. H. M. Golden – Surveyor for
the State of Tennessee... He was the expert witness for the State of Tennessee from 1910
until 1915, doing surveys on the State’s property at Reelfoot Lake.

Earlier surveys as far back as 1870 citing the “ordinary low water mark” of Reelfoot
Lake as the starting point were referenced in other official State of Tennessee surveys
including Tennessee Public Acts of 1870, Chapter XXX, which states “Beginning at a
stake at low water mark on the west bank of Reelfoot Lake, at a point where the dividing
line between Kentucky and Tennessee crosses said west bank….”. This ordinary low
water mark beginning point was located in the early 1941 by special attorneys for the
State of Tennessee Attorney General office in the State of Tennessee claims vs R. C.
Whitnell Claims – Reelfoot Lake Property F&A – TSLA File Box 3574 F – Stack # 8.

The original North Carolina Land-grants called for the starting point to be on Reelfoot
River - Grant # 98 - July 10th 1788 - “Beginning at a box elder and hackberry marked on
the river bank and on said Doherty’s line , runs south two hundred and forty chains …”
North Carolina Military Grants in western District , C, 62, Tennessee State Library and
Archives. This boundary line meets NC Land-grant # 35 at P.D. Hornbeak’s southwest
corner which is defined in the 1914 survey of Mr. Golden in the Obion County
Condemnation Case between the State of Tennessee and the West Tennessee Land
Company. This boundary line is also referenced in his 1915 official certified survey for
the State of Tennessee authorized by the Tennessee General Assembly as the first
purchase project of all riparian lands at Reelfoot Lake between the low water mark and
the high water mark.

In 1925 to 1931, the State of Tennessee’s General Assembly authorized and started a new
purchase project at Reelfoot Lake over the boundary lines between riparian landowners
and the State’s property. In 1925, the Tennessee Legislator passed a new State law under
Tennessee Public Chapter # 18, Acts of 1925 to purchase all riparian lands at Reelfoot
Lake between the low water mark and the high water mark. This new law created the
Reelfoot Lake Commission of 1925 and the Reelfoot Lake Land Addition Project of 1927
which claimed new boundary lines between riparian landowners in a new commissioned
survey done for the State of Tennessee by Mr. H. E. Hamilton - Surveyor and others for
the State.
 15

The State of Tennessee’s – Reelfoot Lake Land Addition Project of 1927, surveys and
attached maps documents were done by H.E. Hamilton – Highway Surveyor for the
Tennessee Department of Public Works and Highways and the Reelfoot Lake
Commission of 1925 members. They did not use any of the surveys of Mr. H. M. Golden
or referenced any thing about his locations of the “ordinary low water mark” in 1910,
1914 or 1915 surveys that he completed for the State of Tennessee. No reference is made
regarding the earlier surveys and establishment of the “ordinary low water marks” in the
late 1880s or the official survey of the boundary lines between Lake and Obion Counties
established in 1870 at the present day boundary line between Tennessee and Kentucky.

Apparently these earlier Tennessee official surveys did not agree with proposed purchase
project as defined in the RLC - Reelfoot Lake Land Addition Project of 1925 or agree
with what the 1925 Reelfoot Lake Commission members wanted to do at Reelfoot Lake.
Mr. Golden’s recorded surveys or these earlier surveys were not used in this 1925 survey
or this new proposed Tennessee development project at Reelfoot Lake.

The Reelfoot Lake Commission’s of 1925/27 survey has not been officially certified or
court approved as being a correct survey of the metes and bounds defined boundary lines
on any North Carolina - Colonel George Doherty Land-grant property (Land-grants # 51,
# 35, # 98) by any Tennessee Court or federal U.S District Court that I have found in my
review of the historical court records in Tennessee.18

I also find in my review that the Tennessee General Assembly members have never
approved this survey for the Reelfoot Lake Commission 1925 or the Mr. H. E. Hamilton -
survey in the Reelfoot Lake Land Addition Project of 1927. Tennessee General Assembly
members had approved the earlier 1915 survey done my Mr. H. M. Golden as the official
Reelfoot Lake survey of the State’s property at Reelfoot Lake.

There have been many local Obion County Chancery Court cases which put into dispute
the metes and bounds survey boundary lines used by the Reelfoot Lake Commission of
1925 and Mr. H. E. Hamilton survey the 1925 Commission members setting of the
claimed Reelfoot Lake “ordinary low water mark” at a stake near the 1925 Reelfoot Lake
Dam/Spillway, on August 14th 1925.

Engineer & Surveyor H. E. Hamilton did not set the level of the “ordinary low water
mark” of Reelfoot Lake in 1925. Ref: Statement in F&A file box 3574F – TSLA.

In my review, I have found No Obion County Chancery Court case or Tennessee Court
Case records which verify or confirm the Reelfoot Lake Commission’s of 1925 boundary
lines as being correct in the Reelfoot Lake Land Addition Project of 1927. The boundary
lines as defined in this Reelfoot Lake Commission of 1925 and H. E. Hamilton survey
from 1925 to 1927, do not agree with the local riparian landowners warranty deeds and
18
Ref: Special Exhibit Map # 1 attached to this report. Present day - Tennessee officials (TWRA or F&A) have never produce the
surveyor’s field notes or copies of the original (2) two survey maps as outlined in the 1925/27 survey which was completed by the
1925 Reelfoot Lake Commission and State Surveyor H. E. Hamilton and others.
 16

the defined boundary lines from the North Carolina Land-grants. These property
boundary lines are defined in the deeds of these riparian landowners dating back to the
Colony of North Carolina land-grants # 35, # 51, # 98 and # 161. It should also be noted
it is one other NC Land-grant at Reelfoot River - July 10th 1788 - Blount # 171 and
maybe some more south of the 1917 Reelfoot Lake Levee Road Project built in 1919,
located just south of the present Reelfoot Lake Levee Road project and Spillway Dam
shown in the exhibit map below19

The above TSLA map is a copy of a USGS map found in the T.W. Doty papers which
reflects a large area in the original size of Reelfoot Lake below 280’ feet msl in 1925.
The green area which is mostly below 280’ feet msl was part of Reelfoot Lake in 1907
and 1913 at the time of the 1913 Cates decision. After the Reelfoot Lake Levee Road

19
Information from David Kersey - Certified Surveyor – he has done several official surveys for landowners in the
area south of the present Reelfoot Lake Levee Road project – Hwy 21/22.
 17

was built and the waters of Reelfoot Lake were dam up this area is no longer part of
Reelfoot Lake officially, claim by the State of Tennessee officials. Exhibit # 10

In 1939, the Tennessee Public Acts of 1939, Public Chapter No. 129, the Tennessee
Generally Assembly members corrected the legal description and stated it that the
description was erroneous in the consent decree between the State of Tennessee and Alice
Hamilton, et. als at Reelfoot Lake. Apparently the Reelfoot Lake Commission of 1925
and the H. E. Hamilton survey which was done for the Reelfoot Lake Land Addition
Project of 1927 was in error and erroneous. The ordinary low water mark as defined in on
August 14, 1925 was not correct as used by this claimed official survey of the proposed
purchase project of the State of Tennessee.

The Tennessee General Assembly members in 1939, apparently over turn this Reelfoot
Lake Commission survey and court decree in this cited Tennessee Public Act, and was (8)
eight years after the Reelfoot Lake Commission of 1925, was discharged in 1931. The
Tennessee Department of Fish and Game was in charge after 1939, by authority of
Tennessee Public Acts of 1931, Public Chapter # 56. Exhibit #11

The two above photos is of Black Bayou Slough and the first Reelfoot Lake Dam/Spillway of 1919 to 1924 built at
Black Bayou shown on the USGS map above.Notice the water level in above photo is below the banks of the Black
Bayou Slough – banks are estimated to be below 280’ feet mean sea level. Exhibit # 12
 18

Note # 5 - Ref: 2003 TWRA GIS Map of Reelfoot Lake showing the 279 acre Reelfoot Lake State Park -
Wildlife Management Area and the Reelfoot National Wildlife Refuge area – This TWRA land area map
reflects none of the property owned by the P.D. Hornbeak family is owned by the State of Tennessee - No
TWRA boundary line signs are on the P.D. Hornbeak property. Exhibit # 13
 19

Note # 6: Photo of the 18,000 acre Reelfoot Lake State Natural Area managed by TWRA under
the authority of TCA 70-1-206, TCA 70-1-305(11), TCA 70-1-302(d) and TCA 11-14-101 et seq
and rules. Map produced by the Tennessee Division of Natural Heritage – No boundary line
signs are located on the P.D. Hornbeak families property. Exhibit # 14
 20

History of the Natalie Hornbeak-Denton and Ann

Hornbeak - Warranty Deeds and Wills from the P. D.
Hornbeak’s 1907 Warranty Deed (Deed Book – 6-M page
575-576) to Present .
Brief Summary of my review of the 1907 P.D. Hornbeak Property:
James C. Harris estate sold three tracts of land on the eastern shoreline of Reelfoot Lake
to P.D. Hornbeak in 1907, warranty deed - see Deed Book - 6-M pages 575-576
P. D. Hornbeak warranty deed was recorded in 1907 and makes reference back to the
legal metes and bounds description in a 1901 warranty deed that as conveyed to J.C.
Harris in 1901-(Warranty Deed Book – 6-M pages 575-576 citing deeds in Book 4 - X
pages 617 to 618, Book 4-V, pages 153 to 156 and Book 4-Z, pages 55 to 57).

The north 86 acre tract was sold to C. H. Lee in 1910 by Warranty Deed 6-O, pages 382
to 383. P. D. Hornbeak reserved all riparian rights to the property conveyed to C. H. Lee
on Dec. 29th 1910. Natalie Hornbeak-Denton and Ann Hornbeak own the other two tracts
of land except the portions that have been sold off between 1907 to present.

Three Tracts of land was purchased originally by P. D. Hornbeak from James C. Harris
estate in 1907 - 80.5 +/- acres, 167 9/20 +/- acres and a 86 +/- acres = Total: 334 +/- acres
of land. Presently two tracts are owned by Natalie Hornbeak-Denton and Ann Hornbeak
(Hornbeak’s) and their recorded deed to this land reads to the low water edge of Reelfoot
Lake. This is also reflected in a survey by David Kersey – Certified Surveyor in Union
City, Tennessee but he states after doing a survey of the original property as described in
their deeds, that its approzmaitly 262 +/- acres of land which borders Reelfoot Lake on
the west side.

Several small land tracts have been sold off including 34 lots in the RG & Mack
Hornbeak – Reelfoot Lake Sub-Division. The P.D. Hornbeak family has always owned
the above two tracts of land going to the 1907 low water edge of Reelfoot Lake as
defined in the 1901 & 1907 deeds except the area sold in the 1946 Hornbeak’s - Reelfoot
Lake Sub-Division and other land sales after 2000. Three other sections were sold in the
1920s.

The P. D. Hornbeak property at it’s southwest corner property line goes out into the
present lakebed and under the waters of Reelfoot Lake to the 1901 & 1907 low water
edge line which is off shore 197’ +/-feet est. and about 33’ +/- feet off shore on the North
West property line20 meeting the property sold to John Shaw at Shaw Park Sub-Division
boundary line in the Town of Samburg, which was purchased by John Shaw from Charlie
Samburg. All of this land borders the east property line of the claimed lands of the West
Tennessee Land Company in 1913, which is now owned by the State of Tennessee.21

20
David Kersey - Certified Surveyor - Surveys to the 1913 boundary line with the West Tennessee Land Company
21
Ref: Warranty Deed Book 4-M Page 519 and surveys done by H. M. Golden - surveyor in 1910, 1913 and 1915. survey lines
meeting the 1914 Shaw’s Park Sub-Division - recorded the Obion County Courthouse
 21

In 1901, James C. Harris owned some titles to several land tracts of lakebed lands which
were under the waters of Reelfoot Lake but he had not proven clear and exclusive
ownership to all land beneath the waters22. J. C. Harris died in 1903; he bequeathed his
holdings at the lake to his son, Judge (a given name) Harris. Whether Judge Harris ever
intended to drain the lake is an unanswered question. His father certainly meant that he
should, and within ten years, or else suffer loss of the inheritance.23 No stock was ever
issued in the West Tennessee Land Co. and it never proved a clear and exclusive
ownership to all lands beneath the waters of Reelfoot Lake or claimed by it. Judge Harris,
an excellent swimmer said to be in good physical condition, drowned in the lake in on
June 11, 191024. Judge Harris inheritance was in question after his death because of the
orders outlined in J. C. Harris’s “Will” apparently both Harris’s never established their
ownership of all the lands below the “ordinary low water mark” of Reelfoot Lake before
their deaths. The West Tennessee Land Company endeavored to establish its title to the
lakebed lands under the waters as well as along Reelfoot Lake’s shoreline from 1914 to
1928. The West Tennessee Land Company was in several local court cases in Lake and
Obion Counties over boundary line disputes from 1914 to 1928, issue was mainly over
the location of its property at the “ordinary low water mark”.

The West Tennessee Land Company only claimed it own up to the ordinary low water
mark or low water edge line of Reelfoot Lake in January 1914, which this boundary line
bordered many other landowners at Reelfoot Lake. The West Tennessee Land Company
did own several hundred acres above the low water mark in the Reelfoot Lake region and
most of these lands were purchased by the State of Tennessee in 1928.. After the 1902
Tennessee Supreme Court Case between W.E. Webster vs. J.C. Harris 25 and the 1913
Tennessee Supreme Court Case between the State of Tennessee – Cates vs. West
Tennessee Land Company 26 the State of Tennessee purchased parts of the West
Tennessee Land Company land claims below the “ordinary low water mark” or “low
water edge mark” at Reelfoot Lake inside of the four (4) land grants issued by the
Colony of North Carolina Land-grants # 51, # 35, # 98 and all of # 16127. Several official
surveys were done by the State of Tennessee surveyor Mr. H. M. Golden - Surveyor for
22
Night Riders of Reelfoot Lake by Paul J. Vanderwood, page 11
23
Night Riders of Reelfoot Lake by Paul J. Vanderwood , page 12
24
June 11, 1910 - Night Riders of Reelfoot Lake, “Untold Story” page 116 - Betty Burdick Wood - author
25 Webster v. Harris, 69 S.W. 782, 788-89 (Tenn. 1902) and TCA 69-1-101et seq.(See footnotes in TCA 69-1-101et.seq.). Mr. W. E. Webster owned the land prior to the
purchase by P. D. Hornbeak in 1907.

26 State ex rel. Cates v. West Tennessee Land Co., 158 S.W. 746, 747 (Tenn. 1913) – State of Tennessee purchased all land claims of the West Tennessee Land Co. below the
ordinary low water mark in 1913. Some of the property boundary lines of these tracts of land were in dispute with other land owners around Reelfoot Lake and had to be

settled by the State of Tennessee in other lawsuits in Chancery Courts of Obion County and Lake County after the 1913 purchase.

27 *The Honorable Tom Stagg, United States District Judge for the Western District of Louisiana, sitting by designation.
1 In 1788, the State of North Carolina granted to revolutionary war Colonel George Doherty several tracts of land totaling several thousand acres in an area that was to

become Western Tennessee. See Webster v. Harris, 69 S.W. 782, 788-89 (Tenn. 1902). Tennessee became a state in 1796, and approximately in 1810, an earthquake formed
Reelfoot Lake and submerged portions of the "Doherty" grants. In 1913, the Supreme Court of Tennessee held that as the Doherty lands were "grantable by North Carolina,

and were subject to private ownership before the formation of the lake . . . the mere fact that they have since become submerged by a body of navigable water does not deprive
their owners of their title to the land as long as they can be reasonably identified." State ex rel. Cates v. West Tennessee Land Co., 158 S.W. 746, 747 (Tenn. 1913). In addition,

the court held that "[u]pon all authorities, this title and ownership will carry with it the exclusive right of fishery in the waters over these grants." Id.

File Name: 02a0064p.06 - UNITED STATES COURT OF APPEALS - FOR THE SIXTH CIRCUIT
 22

the State of Tennessee in 1910, 1913/14 and 1915 which are recorded in the Tennessee
State Library and Archives and the Obion County Register’s Office and referenced above.

All of the West Tennessee Land Company claimed land tracts of lakebed property were
later purchased by the State of Tennessee in January 191428 in the Col. George Doherty
land tracts in land-grant # 35, # 51, # 98 and # 161, under an approved survey in the
condemnation case between the State of Tennessee and West Tennessee Land Co. All of
this land is on the west side of the P. D. Hornbeak 1907 land tract at Reelfoot Lake and
goes to the “natural ordinary low water mark” of Reelfoot Lake of 1907 (1901) or 1913.
This location is referenced in Deed Book 8-B, page 140 to 152 - Register’s office Obion
County, Tennessee, with metes and bounds calls. A land tract with a total acreage of 2949
acres as described goes up to the 1913/14 low water mark defined in this court approved
survey. Any personal property rights of James C. Harris estate or Judge Harris were not
cited in this decision or even referenced in any court records. Judge Harris died in 1910,
prior to this court order or judgment sale in 1914 and James C. Harris had already died in
1903.

The P. D. Hornbeak property (Natalie Hornbeak-Denton & Ann Hornbeak (Hornbeak’s))

that is the subject matter of this case is within the boundaries of the Doherty Land-Grants,
specifically Grant No. 35 and above the low water edge was or has never been owned by
the West Tennessee Land Company. Consistent with the 1913 condemnation case, the
Hornbeak’s deeds have metes and bounds descriptions that show the ownership of the
property to the “low water mark or low water edge” of Reelfoot Lake in 1907 (1901).
Thus, the actual property line of Hornbeak’s shoreline property is the “ordinary low
water mark or low water edge” of 1907(1901), wherever that may be, even if it is
submerged under the waters of Reelfoot Lake/Reservoir today. The 1914 property
boundary line cited in Mr. H. M. Golden’s survey was approved by the Obion County
Circuit Court’s Condemnation Case of 1914 and this would the boundary line today.
From reading the Circuit Court minute book records the boundary line was marked and
stacked between the parties and referenced in the State of Tennessee deed recorded in
Record Book 8-D page 140 to 152 in the Register’s office in Obion County, Tennessee.

The Hornbeak’s property line along with Charlie Lee’s property line is also cited in the
official State of Tennessee survey of Reelfoot Lake in 1915. This official survey was
done by Mr. H. M. Golden for the State of Tennessee in 1915 and is recorded in Senate
Journal of the Fifty-Ninth General Assembly of the State of Tennessee at pages 936 to
942. This official certified survey was approved by the Tennessee General Assembly
members in 1915 and is on file at the Tennessee State Library and Archives.

In reading the Hornbeak’s deeds it does not claim to convey any lakebed lands of
Reelfoot Lake below the “low water edge line” of 1907 (1901), nor does their deed give
them the right to control navigation over their property. Under the 1913 Tennessee
Supreme Court decision they do own the land under the waters of Reelfoot Lake as it is

Jamie Hamilton, et al., Plaintiffs-Appellants, v. Gary T. Myers, Executive Director of the Tennessee Wildlife Resources Agency, et al., Defendants-Appellees. No. 00-5189-

http://www.michbar.org/opinions/us_appeals/2002/022102/14037.html
28
Deed Book 8-B, page 140 to 152 - Register’s office Obion County, Tennessee, which has metes and bounds calls
 23

presently maintained by the State of Tennessee which is above the “ordinary low water
mark” of 1907 and have riparian property rights attached to the soil due to their
ownership of the land. It’s my belief the “low water edge line” and “ordinary low water
mark line” is the same.

The Hornbeak’s 1907(1901) property lines are submerged below the current waters of
Reelfoot Lake as defined in their warranty deeds and referenced in their metes and
bounds description in their warranty deeds29. The Hornbeak’s have a recorded warranty
deed dating back to 1907 and have paid property taxes for over 99 years from my review
of Obion County tax records on the property, cited in their deeds.

In 1928, the State of Tennessee thru the authority of the Reelfoot Lake Commission of
1925, and under the authority in Tennessee Public Acts of 1925 – Public Chapter 18, filed
a condemnation lawsuit in the Obion County Circuit Court to condemn a 6.4 acre tract of
shoreline property off of the original farm purchased by P.D. Hornbeak in 1907(1901)
from the James C. Harris’s estate.

Obion County Circuit Court Records in 1930 or 1931, shows no payment was ever made
to the P.D. Hornbeak family as ordered in the interim judgment decree filed in the minute
books of the court on Sept 18, 1930, referenced in condemnation case R # 213 – State of
Tennessee vs. P.D. Hornbeak et als. A complete review of the Hornbeak property
condemnation case and records has been done by Obion Circuit Court Clerk Harry
Johnson; he cannot find the circuit court’s case files or any record of any payment made
by the State of Tennessee officials thru the Obion County Circuit Court to the P. D.
Hornbeak family. I have also done a complete review of this Circuit Court case minute
books & docket books along with TSLA records and it reflects a payment was made to a
J. L. Fry in this case. Attorney Joseph L. Fry worked for the State of Tennessee as a
special attorney counsel for the State of Tennessee during this period of time and was also
the President of the West Tennessee Land Co. when it sold its lands to the State of
Tennessee in 1928. The West Tennessee Land Company had been trying to sale its land
claims at Reelfoot Lake for several years to the State of Tennessee prior to 192830. Most
of these land claims were from quitclaim deeds with boundary line disputes between
adjoining landowners.

After the late 1920s and early 1930s, the Hornbeak family was afraid the State of
Tennessee was going to take all of their property along the southeast shoreline without
paying for it under the authority of the Reelfoot Lake Commission of 192531. The 1925
Reelfoot Lake Commission had started the Reelfoot Lake Land Addition Project of
August 8th 1927, this project later was turn over the Tennessee Department of Fish and
Game by legislative act in 1931, Public Chapter # 56. No payment was forth coming to
the Hornbeak family from the State of Tennessee. All State funds were cut off by the
Tennessee Legislature in late 1930 and early 1931 and some landowners were told the
State would pay them later for their property when it had the State funds.32
29
Surveys of David Kersey - certified surveyor in Obion County, Tennessee
30
Tennessee Senate Journal 1911 - pages 540 to 554 - Joint Resolution No. 49 Report of Findings
31
Interviews with Natalie Hornbeak-Denton
32
TSLA records on the Reelfoot Lake property in F & A Real Property Box 3574-B
 24

The Tennessee Legislature did investigate the Reelfoot Lake Commission of 1925 and
Gov. Henry Horton administration over political land deals at Reelfoot Lake in 1930 and
1931. After P.D. Hornbeak had died in 1929, and before the Reelfoot Lake Commission
of 1925 could purchase the land or make any payments to the family members, the
Hornbeak family started making plans to develop the property as a sub-division out to the
proposed external boundary line.33

This photo shows the P. D. Hornbeak land tracts purchased in 1907 Exhibit # 15

In 1946, P.D. Hornbeak’s sons RG and Mack Hornbeak develop the Hornbeak’s Reelfoot
Lake Sub-Division plat on part of the farm along the eastern shoreline of Reelfoot Lake
up to the proposed external boundary line of the State of Tennessee’s 1927 Reelfoot Lake
Land Addition project.

It is called the RG and Mack Hornbeak - Reelfoot Lake Sub-Division 34– originally 31
lots but five (5) more lots have been added since the original plat was filed in the
Register’s office in Obion County, Tennessee, making a total of 36 lots in the RG &

33
Interviews with Natalie Hornbeak-Denton
34
Filed on March 29th 1946 at 3:30 pm - Register’s office at Obion County Courthouse - Reelfoot Lake
water level was 282.62’ feet mean sea level in Plat # 2 page # 18.
 25

Mack Hornbeak - Reelfoot Lake Sub-Division35. The west boundary line of all 36 lots in
this sub-division goes to the proposed boundary purchase line of the Reelfoot Lake
Commission of 1925 survey in the Reelfoot Lake Addition Project of August 8th 1927. In
1969, and amendment to the original plat was recorded which did a re-survey of several
lots on the north end of the 1946 sub-division and leaves a small section of land for a
drainage ditch for the Hornbeak’s farm across Lake Drive owned by the Hornbeak’s, this
area is approximately 5’ feet +/- wide.36

In early 1931, someone did record the interim judgment decree in the Register’s office in
Obion County, Tennessee and it is noted in Book 10 page 189 on March 24, 1931. This is
not a certified final copy of the decree stating all cost etc. and payments was made to the
defendants or certified by the court as being the final completed copy. The condemnation
case file records are missing on R # 213, in the Obion County Circuit Court Clerks office.
Circuit Court Case R # 213 in the minute books reflects no issued order by the Obion
County Circuit Court Judge that the case is finalized and a final certified title is to be
issued as a monument of title for the State of Tennessee. Also, No minute book notes or
records in Circuit Court Case R # 213, reflect any application was ever made by the State
of Tennessee officials for a writ of possession to be issued to put the State of Tennessee
(1925 Reelfoot Lake Commission) into full possession of the said 6.4 acres of land.

On March 18th 1931, a document was filed one week before the 1925 Reelfoot Lake
Commission members were called before the 1931 Tennessee Legislature Investigative
Committee looking into illegal land deals at Reelfoot Lake, its does not reference any
thing about it being the final certified copy as a final title document. Exhibit #19

In late 1930 and early 1931, the Tennessee Legislature was investigating the Reelfoot
Lake Commission of 1925 activities at Reelfoot Lake and Gov. Henry Horton
administration over land deals at Reelfoot Lake along with other issues in State
government. Its full committee reports are filed in the House and Senate Journal Books in
1931, in the Tennessee State Library & Archives.

By July 1st 1931, due to land deals and land scandals at Reelfoot Lake by Gov. Henry
Horton and the Reelfoot Lake Commission of 1925 members, the Reelfoot Lake
Commission which had total control and was in-charge of the Reelfoot Lake Land
Addition Project of 1927, under the authority of the Tennessee Public Acts of 1925,
Public Chapter # 18 was discharged and all special counsels (attorneys) were fired in
Tennessee Public Act – Public Chapter # 56. This happen only after a full and complete
investigation of Reelfoot Lake land deals was made by the members of the Tennessee
General Assembly. Some local landowners were being paid eight times the fair market
value of the land being purchased by the State and others were not being paid at all for
the land being taken or cut off by the H.E. Hamilton - survey which was done for the
Reelfoot Lake Commission of 1925 and the Reelfoot Lake Land Addition Project of
August 8th 1927. Most were North Carolina Land-Grant landowners located inside grants
# 51, #35, and # 98; these lands were conveyed by the Colony of North Carolina in July

35
Interviews with Natalie Hornbeak-Denton
36
Interviews with Natalie Hornbeak-Denton
 26

10th 1788. These riparian landowners had protected lands which were not included in the
Cates 1913 decision.37 Exhibit # 17

All pending and unfinished business of the Reelfoot Lake Commission of 1925 was to be
completed by the Tennessee Attorney General office and the Department of Fish and
Game under the authority of Tennessee Public Acts of 1931, Public Chapter # 56, no
special counsel were to be hired. All Reelfoot Lake lands and waters were turned over to
the Department of Fish and Game by Public Chapter # 56 of the Acts of the Tennessee
Legislature in 1931. The possession and control of all this newly acquired land around the
waters of Reelfoot Lake, and that yet to be acquired was taken from “The Tennessee
Great Smoky Mountain Park Commission and the Reelfoot Lake Commission of 1925”
and given to the Department of Fish and Game Department in Tennessee and the State
Game Warden. Exhibit #18

All pending lawsuits were to be settled by non-suits or settled by compromise and

agreement with the parties’ defendant thereto. Obion County Circuit Court Case R # 213
against the P. D. Hornbeak et. als was still pending without payment being received by
the Hornbeak family in early 1931. From interviews with Natalie Hornbeak-Denton, her
family was told that the State of Tennessee officials would pay them some time later for
their land, when the State had the funds. Several other landowners were told the same
thing when the project was shut down by the Tennessee General Assembly members.

In my review, the Hornbeak’s property which is located next to the State’s property in the
18,000 acre Reelfoot Lake State Natural Area or the Tennessee Wildlife Resources
Agency’s - Reelfoot Wildlife Management Area, I found No boundary lines signs posted
or even any TWRA boundary markers to indicate the location of the State’s property
behind the Hornbeak’s property at the “low water edge” of 1907. The Tennessee Wildlife
Resources Commission and the Tennessee Wildlife Resources Agency is required under
T.C.A. 70-1-206 and T.C.A. 11-14-101 et seq. and applying rules to have this boundary
line location mark.38

On the next page is a example of the Reelfoot Lake Commission of 1925 – outside
external boundary line markers used in the Reelfoot Lake Land Addition Project of
August 8th 1927. The external boundary markers have the name of all three
Commissioners’ on them along with other information. The 1925 Reelfoot Lake
Commission claimed to have marked the ordinary low water mark of Reelfoot Lake prior
to 1915, by setting the low water mark elevation on August 14th 1925 near the first
spillway dam & bridge built under the supervision of State Game Warden W. D. Howser.
Pictures on next page:

37 Webster v. Harris, 69 S.W. 782, 788-89 (Tenn. 1902)

Tennessee Supreme Court Case in 1902 & 1913 - and State ex rel. Cates v. West Tenn.
Land Co., 158 S.W. 746, 747 (Tenn. 1913)

38
T.C.A. 11-14-101 et seq and Tennessee Natural Resource Area rules 0400-2-8. Section 10 requires boundary line signs to be posted
every 330’ feet. - T.C.A. 70-1-206 requires these rules along with Tennessee Public Act of 1984, Public Chapter # 548 to be followed.
 27

Note: This is a original boundary marker at Reelfoot Lake placed by the Reelfoot Lake Commission of
1925 - Surveyor H. E. Hamilton - Station # 177 under the Reelfoot Lake Land Addition Project of 1927.
None of the original proposed boundary markers placed by the Reelfoot Lake Commission of 1925 or
Surveyor H. E. Hamilton have been found on the P. D. Hornbeak property. Exhibit # 20

In my review of historical records, the official State of Tennessee permanent boundary markers and
monuments placed by State’s Surveyor H. M. Golden and recorded as official surveys of the State of
Tennessee in 1913/14 and 1915 at the “ordinary low water mark” of Reelfoot Lake in those years are
assumed to be under water due the raising of the water levels from 1919 to present by the State of
Tennessee and the United States Fish and Wildlife Service.39

In my research on this disputed land over the last 20 years, I have found none of the
original boundary markers on the Hornbeak’s property for the proposed purchase project
by the State of Tennessee in 1927. The boundary marker above is an original boundary
marker of 1927, found at Reelfoot Lake on another tract of land, along the Bayou Du
Chien River. None of the markers on the Hornbeak’s property look like this one. In the
early 1980s when TWRA Mr. Richard Ingram – TWRA Surveyor did a complete
Reelfoot Lake survey and inventory of all docks, boat houses and piers on lands claimed
to be owned by the State of Tennessee at Reelfoot Lake, he never reported he had to the
Reelfoot Lake Task Force – Chaired by Senator Milton Hamilton and State Rep. John
39
1914 Obion County Circuit Court - Condemnation Case Survey and the official 1915 State of Tennessee survey done under the
authority of the Reelfoot Lake Commission of 1915. (Tennessee Public Acts of 1915, HJR # 19 and the following survey report.
 28

Tanner. He tried to re-survey or re-trace the 1927 survey made by Mr. H. E. Hamilton -
Surveyor for the Reelfoot Lake Commission of 1925, but could not complete it.

In discussions in the early 1980s, I had with Mr. Ingram; he has never tried to re-survey
the H. M. Golden surveys of 1914 or 1915, as to the location of the State of Tennessee’s
property line defined in those surveys. The Hornbeak’s property line of 1907, meets the
survey lines defined in those surveys done by Mr. H. M. Golden for the State of
Tennessee, as its expert witness during that period in time.

It’s my understanding from discussions with Mr. Ingram and due to survey errors found
by him in the 1925/1927 H. E. Hamilton surveys which were completed for the 1925
Reelfoot Lake Commission he was not able to set any boundary line markers on the State
of Tennessee boundary lines between local landowners. TWRA Boundary Lines signs and
markers were never set by Mr. Ingram or his survey crew at Reelfoot Lake in the middle
1980s, 1990s or even presently from any surveys, he did or completed to my knowledge.
TWRA does not have any boundary line sign along the eastern shoreline of Reelfoot Lake
from Box Slough Outlet to the former Milton Hamilton land tract, north of the City of
Samburg. None are located on the P.D. Hornbeak family property.

As stated above, I could not find any State of Tennessee – TWRA Boundary Line Signs
that look like the ones below and these boundary line signs are used on other State of
Tennessee property at Reelfoot Lake managed by TWRA it the Reelfoot Lake Wildlife
Management Area. None are located on the P.D. Hornbeak families property line.
Exhibit # 21
 29

The below State of Tennessee Boundary Marker’s are commonly used on other Tennessee
State Natural Areas and State Parks but none have been found in my inspection of the
disputed property in this federal lawsuit to indicate the boundaries of the 18,000 acre
Reelfoot Lake State Natural Area at Reelfoot Lake. None of these boundary line signs
are on the P.D. Hornbeak family’s property. Exhibit # 22
 30

Also in review of my historical records, on October 26, 1950, over 20 years after the
State of Tennessee’s condemnation case against the P. D. Hornbeak’s family in 1928, Mr.
John D. Findlay, Director, State Game and Fish Commission wrote a letter to Mr. Porter
Dunlap, State Property Administrator that he needed a survey with a good map showing
the property lines locations, the open water of the Lake and public roads for his
department on all the lands at Reelfoot Lake owned or claimed by the State of Tennessee.
His department was planning a long range program for Reelfoot Lake, and the first thing
he needed was a survey to “definitely establish State property lines around the Lake”40
he goes on to state: “Your assistance on this project will be greatly appreciated and of
real value in administering the Reelfoot Wildlife Management Area”.

My historical review also includes a complete review of all Obion County land and real
property owned by the State of Tennessee on file in the office of Mr. Jurgen Bailey –
Director – Real Estate Management – Tennessee Department of Finance and
Administration (F&A). Mr. Bailey office is the official record keeper of all land records
of the State of Tennessee which includes historical deeds; information on court case files,
maps, etc., original surveys etc. on all real property purchased and/or owned by the State
of Tennessee at Reelfoot Lake in Obion County, Tennessee. Mr. Bailey’s office and his
division have had this authority since the passing of Public Chapter # 106, Tennessee
Public Acts of 1947. Mr. Bailey’s office does not have any records on the P.D. Hornbeak
land being owned by the State of Tennessee or any record of the final Circuit Court
Judgment along with any record showing the State of Tennessee got a writ of possession
from the court in 1930 or 1931.

My review of the historical records and maps in the Tennessee State Library and Archives
(TSLA) files indicate that the State of Tennessee officials and United States Fish and
Wildlife officials have known for years that when the water levels of Reelfoot Lake gets
above 279’ +/- feet mean sea level, it floods private riparian lands not owned by the State
of Tennessee or the United States Fish and Wildlife Service in Tennessee and Kentucky.
The Service has been a leasee of the State of Tennessee since 1941 and owns about 560
acres or Reelfoot Lake lands in Tennessee not purchased in by the Reelfoot Lake
Commission of 1925.

In 1991, the State of Tennessee along with the United States Fish and Wildlife Service
raised the normal pool water levels of Reelfoot Lake/Reservoir again. Normal summer
time pool level is now 282.7’ feet msl and 283.2’ feet msl level is the winter time pool
level. These water levels are not the “ordinary low water mark” of the natural Reelfoot
Lake prior to 1919 or in 1913, and floods riparian lands outside of State of Tennessee
lands purchased from the West Tennessee Land Company in 1914 and 1928.

The Hornbeak’s property - boundary line is defined in their Warranty Deed in 1907 at the
“low water edge” of Reelfoot Lake before the State of Tennessee purchased any property
at Reelfoot Lake or raised Reelfoot Lake’s water level in 1919. Their warranty deed is

40
Letter dated October 26, 1950 - Director John D. Findley to Mr. Porter Dunlap - State Property
Administrator
 31

recorded in Deed Book 6-M pages 575-576, in the Register’s office in Obion County,
Tennessee. Mr. David Kersey - Certified Surveyor has surveyed this property and located
the south, east and north boundary lines as referenced in the 1907 Hornbeak’s warranty
deed and estimates the original two land tracts still owned by the Hornbeak family was
about 262 acres in 1913.

Note: In 1991 -- The USFWS with the approval of the TWRA (St. Of TN.)
changed the full pool water level management of Reelfoot Lake in Tennessee
and the Commonwealth of Kentucky. Kentucky officials never approved the
plan.

Cited:
"Implementation of water level management practices. The normal pool
elevation at Reelfoot Lake was held constantly near elevation 282.2 NGVD
until 1991. This existing condition water level management plan was
implemented in 1991 as part of the Record of Decision for the 1989 Reelfoot
Lake Water Level Management FEIS prepared by the U. S. Fish and Wildlife
Service. This plan fluctuates the water elevation up to 283.2 NGVD in the
fall and winter and up to 282.7 in the spring and summer. The additional
water level management activities have been proposed at Reelfoot Lake to
increase habitat. A proposal to seasonally increase the elevation of the lake
beyond the current 283.2 winter elevation has been evaluated and purposed
by TWRA & USFWS." New water level can be up to 284’ feet msl -- Cited
from the US Army Corps of Engineers - Memphis District - 1999 EIS on
Reelfoot Lake's New Spillway Project etc. also See: 793 F.2d 129 (6th Cir.
1986)Bunch v. Hodel,

These new 1991 higher water levels again flood more riparian lands around
Reelfoot Lake/Reservoir including the lakebed lands owned by the P. D.
Hornbeak family and other riparian landowners in Tennessee and Kentucky.
The following is cited from United States Army - Corps of Engineers
estimate in the 1999 Corps - Environmental Impact Statement on a new
proposed Reelfoot Lake Dam/Spillway project, which states it’s around
$174,000.00 dollars in shoreline damage each year to riparian landowner’s
property at Reelfoot Lake, using 1998 figures. Exhibit # 23

Since 1919, Reelfoot Lake has been a State of Tennessee’s man made reservoir with
two dams and two spillways and has had manmade water levels which have been
altered several times since 1919 by the State of Tennessee officials and the United
States Fish and Wildlife Service.
 32

Conclusions and Opinions:

Base on my knowledge, experience and 25 years of historical research
on Reelfoot Lake’s ownership by the State of Tennessee and the private
lands owned by 1788 Doherty Land-Grant - Riparian Landowners,

And

My review of the private records of the P. D. Hornbeak family on their

ownership of lands defined in their 1907 - Warranty Deed 6-M page
575-576, to include their Obion County tax property records dating
back to 1907, as to their payment of all property taxes on lands they
claimed under their warranty deed (6-M , page 575 - 576,

The following conclusions and opinions are submitted to you:

Conclusion and Opinion:

No.1

Low Water Mark Line or Low Water Edge Line and boundary lines of the
Hornbeak’s property defined in Deed Book 6 -M page 575-576

Therefore, after a full review of my historical records on Reelfoot Lake’s ownership

and other public records at the Tennessee State Library and Archives, Obion
County Circuit Court records, the Register’s office at the Obion County
Courthouse, Tennessee Supreme Court Records, State Property Administrator
records, Tennessee Game and Fish Commission records, Tennessee Wildlife
Resources Agency records, and TSLA records it is my opinion:

That the property line between the State of Tennessee’s property and the P. D.
Hornbeak families property is the purchased line from the West Tennessee Land Co.
in 1914 and is along the metes and bounds described lines as defined by the Obion
County Circuit Court decision on January 1914 at the low water mark of Reelfoot
Lake as it was in 1907 (1901) and 1914 and recorded in Deed Book 8-B, pages 140 to
152 and the Hornbeak’s Warranty Deed in Book 6-M, pages 575 - 576.

This Court approved property boundary line is before Reelfoot Lake’s waters were
altered in 1919 by the State of Tennessee when it built the Reelfoot Lake Levee/Road
Project and the first dam/spillway and it is not the property line as purposed in the
Reelfoot Lake Land Addition Project of 1927, as surveyed under the direction of the
Reelfoot Lake Commission of 1925 and Governor Austin Peay. This survey was
completed by H. E. Hamilton - Surveyor in 1927 and was never approved by the
 33

Tennessee General Assembly as being correct.

The ordinary low water mark of Reelfoot Lake is somewhere around 276’ feet msl to
278’ feet msl and is out side of the large tree line on the P.D. Hornbeak property at
the low water edge of 1907 (1901) and 1913. It can be retraced by official surveys of
Mr. H. M. Golden - Surveyor, which were approved in the Obion County Circuit
Court’s Condemnation Case in January 1914, against the West Tennessee Land
Company, and surveyed with a metes and bounds description, it’s located in Deed
Book 8-B pages 140 to 152 at the Obion County Courthouse.

Or

The property line between the State of Tennessee property and the P. D. Hornbeak’s
family can also be re-established by two other ways by:

(1.) Re-Tracing the boundary lines of the State of Tennessee official survey of 1915
described in Senate Journal of the Fifty-Ninth General Assembly of the State of
Tennessee at pages 936 to 942 and approved by the State of Tennessee’s General
Assembly as the only official survey of Reelfoot Lake at its ordinary low water mark
in 1915. This official survey was completed prior to the Reelfoot Lake Levee Road
Project of 1919 and the building of the first Reelfoot Lake Spillway Dam & Bridge.

Or

(2.) Re-Tracing the boundary lines of the P. D. Hornbeak warranty deed

recorded in 1907 (1901) in Deed Book – M-6 page 575-576. This warranty deed
description of metes and bounds was recorded as public record prior to the building
of the Reelfoot Lake Levee Road Project of 1919 and the building of the first
Reelfoot Lake Spillway Dam and Bridge in 1919. Mr. David Kersey - Certified
Surveyor has completed this survey for the Hornbeak family farm.

Notes regarding my historical review of water levels:

I have reviewed thousands of public records and other documents over the last 25
years and find no were the present water levels or the concrete base elevation of the
Reelfoot Lake Spillway Dam & Bridge was built to the low water mark or low water
edge level of Reelfoot Lake in 1907(1901) or 1913. This dam structure and water
levels have been altered several times in the last 88 years by Tennessee officials and
the United States Fish and Wildlife Service from my historical review.

Annual flooding with damage has happen on lands owned by the P. D. Hornbeak
family at Reelfoot Lake along with other Riparian Landowners in Tennessee and
Kentucky as shown in Exhibit # 24.
 34

Conclusion and Opinion:

No. 2

Payment of Taxes on the P. D. Hornbeak Property in Deed Book M-6 page 575-576
citing deeds in Deed Book 4 - X pages 617 to 618, Deed Book 4 -V, pages 153 to 156
and Deed Book 4 -Z, pages 55 to 57,

From the tax maps, tax records, tax data, trustee records and other documents and
material supplied for my review and my verification of these records by the
Hornbeak’s it appears that the P. D. Hornbeak family (P.D. Hornbeak and wife
along with sons R.G. Hornbeak and Mack Hornbeak and Natalie Hornbeak-Denton
and Ann Hornbeak have paid all property taxes in Obion County, Tennessee on all
land claimed by the them and/or still owned by them under the above referenced
deeds for more than 20 years and they have appeared to have done so all the way
back to 1907. Their warranty deed has been recorded more than 30 years with full
payment of taxes in Obion County, Tennessee.

Other information reviewed:

I find nothing referenced in their deeds or wills which reflect any portion of their
claimed property as surveyed was purchased by the State of Tennessee between 1925
to 1931, under the authority of the Reelfoot Lake Commission of 1925, or Tennessee
Public Acts of 1925, Public Chapter # 18 or the Reelfoot Lake Land Addition Project
of 1927 on file with the Tennessee State Library and Archives.

I found nothing in the Secretary of State’s office of Real Property Management

Division to indicate a purchase from the Hornbeak’s, this office has no record of any
lands purchased from the P.D. Hornbeak family between 1925 to 1931.

I found “No” State of Tennessee boundary line markers or boundary line signs
showing the location of the State of Tennessee’s 18,000 acre Reelfoot Lake State
Natural Area on any lands claimed by the P. D. Hornbeak family. This is a
requirement under TCA 11-14-101 et seq and its rules.

I found “No” TWRA Wildlife Management Area boundary signs posted on the
property showing lands claimed by the Tennessee Wildlife Resource Agency.

I found “No” permanent boundary line markers of the State of Tennessee’s

property purchased from the West Tennessee Land Company in 1914, under a
Obion County Circuit Court judgment decree which is recorded in Deed Book 8-B,
pages 140 to 152. Permanent boundary markers placed by H.M. Golden - surveyor
are assumed to be under the water of present day Reelfoot Lake/Reservoir or
missing.
 35

In my review of the 1928 to 1931 Obion County Circuit Court Condemnation Case
records between the State of Tennessee and the Hornbeak’s, I found “No” writ of
possession, “No” certificate of title, “No” instrument of title of any kind passing
title to the State of Tennessee as a result of the action between 1928 to March 18th
1931. The interim judgment is not recorded as a muniment of title to the State of
Tennessee as required under the judgment. This interim judgment has never been
fully satisfied in my opinion.

The Obion County Property Assessors records along with the Obion County
Trustee’s office records reflect that all property taxes have been paid as required
dating back to 1907, under the deed recorded in Deed Book 6-M page 575-576 on all
lands claimed and owned by the Hornbeak’s today. Their property boundary line
has always stated their west boundary line was the lake going to the 1907 property
boundary line with the West Tennessee Land Company, which is now owned by the
State of Tennessee. Apparently there has never been any notation in the Obion Tax
Assessor’s office that the land area in question is tax “exempt”. In fact from my
review, the Hornbeak’s have paid taxes on this land consistently since 1907, and
since it was acquired in 1907.

The State of Tennessee - Comptroller of the Treasury - Real Estate Assessment Data
reflect full payment of taxes for more than 30 years on Warranty Deed 6-M page 575
and 576, and the Hornbeak’s are the owners of the lands described, which they claim
today.

Note regarding my review: All Tax records can be verified by the Obion Tax Assessor and
the Obion County Trustee offices all the way back to 1907 on payments by the P. D.
Hornbeak family on Warranty Deed 6-M page 575 to 576.

P.D. Hornbeak families property - Photo reflects flooding of private property above the natural low water edge
boundary line & the natural low water mark boundary line defined in warranty deeds from NC Col. George Doherty
landgrants at Reelfoot Lake and the boundary line defined as the State of Tennessee’s property boundary line in Deed
Book 8-B pages 140-152 at the Register’s Office in Obion County Courthouse.. Exhibit # 26
 36

This photo was taken on the Reelfoot Lake Levee at the Reelfoot Lake “Washout” looking out into
the Lake in the early 1920s. There is a small dam/spillway in the levee at this location, built in 1919.
Exhibit # 27
(W.D. Howser - State Game Warden from 1909 to 1922 was in charge of the project)

Tennessee State Game Warden J. Barber & Wife at the Reelfoot Lake Spillway Dam & Bridge in
1922. In the background is the first dam structure before any modification.Exhibit # 28
 37

Third modified Reelfoot Lake Spillway Dam structure built in 1931 with the Barr Fishway in
place built by the USFWS is 1948. Photo taken in 1951 Exhibit # 29

DO CU MEN TS, HI ST ORI CA L P UB LI C R ECOR DS OR OTH ER

INFO RMA TION CON SID ER ED including but not limited to, are listed below:
1. Federal and state court cases involving Reelfoot Lake, including but not limited to
Bunch v. Hodel, 793 F.2d 129 (6th Cir. 1986), Hamilton v. Cook, Appeal No.
02A019712-CV-00324 (Tenn. Ct. App. Oct 12, 1998), Hamilton vs. Myers, Arnett vs.
Myers, State of Tennessee v. West Tennessee Land Co., 158 S.W. 749 (1913), Webster v.
Harris, 110 Tenn. 688 (1902), Lake County and Obion County Court Cases between JC
Harris and Chuck Applewhite, Morris, Hoffman, Ike Johnson, JW Wilson, Applewhite.
Brady, Kasper, Burdick in early 1900s,Hombra, Morris, Howser vs State of Tennessee –
159 Tenn. 6 Smith, Lake County Chancery Court case Morris, Howser, Hines vs. State of
Tennessee in Lake County Chancery, Judge Harris vs Bud Morris et.al. Lake County
Chancery Court records filed 1928, Case # 784 - Lake County Chancery Court - date
filed - Oct 23, 1928, State of Tennessee v. Jamie Hamilton, Sr. -Chancery Court Case No.
7597 (June 7, 1976), State of Tennessee v. Jim Hutchcraft -Chancery Court Case No.
5272 (July 25, 1969), State of Tennessee -Reelfoot Lake Commission of 1925 v. H. D.
Smith & J. J. Wells -Case No. R212 - Reelfoot Lake Land Addition Project of 1927. State
of Tennessee vs. T. O. Morris - (1928) - Tract # 36 of the Reelfoot Lake Land Addition
project of 1927. State of Tennessee v. Charlie Taylor et al. (1928) -Tract #52 of the
Reelfoot Lake Land Addition project of 1927 -Case was dismissed in May 12, 1931 by
the State of Tennessee. State of Tennessee v. P. D. Hornbeak et al. (1928) - Reelfoot Lake
Land Addition project of 1927.

2. State' of Tennessee's -Reelfoot Lake Land Addition Project of 1927 - recorded in

the Obion County Register's Office -Obion County, Tennessee including each buffer zone
project maps, original survey map of H. E. Hamilton, tract surveys metes and bounds
calls. Also recorded at the Tennessee State Library and Archives (TSLA) file
 38

Unprocessed file boxes - TSLA Map # 2676 (original copy), F & A Real Property Mgt.
Papers (Reelfoot Lake) Box 3574-B and the Lake County Register’s office

3. T. Q. Morris land deed for property at location of the first spillway made to the
State of Tennessee -Highway Department, dated October 18, 1921, recorded at the Lake
County Court house Register's office -Deed Book # M, pages 264 -266. Letters written
to Gov. Austin Peay and Gov. Henry Horton recorded on the Microfilm at the TSLA in
Nashville, Tennessee.

4. Reports of the Tennessee General Assembly Legislative Investigation Committee

of 1931, regarding the Reelfoot Lake Commission of 1925 and the purchase of lands in
the State of Tennessee's Reelfoot Lake Land Addition Project of 1927 and illegal land
deals and survey problems regarding lands at Reelfoot Lake.

5. The minute books of the Lake and Obion County Circuit Court and Chancery
Court cases regarding Reelfoot Lake issues between 1899 and present State of Tennessee
1928/31 Condemnation Cases of the State of Tennessee and other boundary line court
cases regarding the 1927, H. E. Hamilton survey for the Reelfoot Lake Commission of
1925.

6. Tennessee Attorney General opinions on Reelfoot Lake issues from 1925 until
Present Including letters between Deputy Atty Generals and the Attorney General and
Reporter

7. State statutes and public acts of the State of Tennessee, especially those acts and
statutes dealing with the various Reelfoot Lake Commissions and Committees having to
do with conservation and water levels of Reelfoot Lake and River System from 1900 to
Present.

8. Historical maps and photographs of the Reelfoot Lake and River System Basin
including the natural drainage system from the early 1800's until present, including but
not limited to the Cochran Survey Map, Reelfoot Lake maps No. 490 and No. 491, TSLA
Reelfoot Lake Spillway Map No. 2557-2, Maps in the Reelfoot Lake Commission of
1925 --T. W. Doty, Chairman files and collection including final report AC# 2003-0076
-Reelfoot Lake Commission of 1925 thru 1931, USGS map in 1912 - Report Bulletin #
494 - Fuller M. L. , Map at the Reelfoot Lake State Park building at Reelfoot Lake.

9. Reelfoot Lake Spillway/Dam and Bridge plans sheets from 1918, 1922, 1930/31,
and 1987 (note: entire sets not available), together with Biennial Reports of the Tennessee
State Highway Commission from early 1900's. until 1950's, together with other interim
plans and reports as acquired from Tennessee State Library and Archives.

10. Recorded Deeds from the Hornbeak properties as well as predecessor owners to
property adjacent to the Hornbeak property that was included in the State of Tennessee's
Reelfoot Lake Land Addition Project of 1927. Abstract of Title to land of P. D. Hornbeak
and John G. Ulrick.
 39

11. Official reports, documents, official surveys, maps, and letters associated with the
State of Tennessee's various Reelfoot Lake Commissions between early 1900's to
Present.

12. Various letters and other documents generated by and between TWRA, TDOC,
USFWS, TN-AG Office, including TWRA's General Counsel opinion on the Hamilton's
riparian rights at Reelfoot Lake.

13. Documents, official letters, maps, TN-AG letters and reports generated by and
between Governor Austin Peay and the members of the Reelfoot Lake Commission of
1925 until 1927 including letters from T. O. Morris.

14. Official letters, documents, maps, TN-AG letters and reports generated by and
between Governor Henry H. Horton and the members of the Reelfoot Lake Commission
of 1925 from 1927 until 1931.

15. Letters, leases, surveys, and other documents generated by and between the U.S.
Fish and Wildlife Service and the Tennessee Game and Fish Commission, Tennessee
Wildlife Resource Agency, Tennessee Department of Conservation.

16. Maps, reports and documents generated by the U.S. Geological Survey on the
Reelfoot Lake and River System in Tennessee and Kentucky.

17. Surveys and maps including that of H. E. Hamilton for the Reelfoot Lake
Commission of 1925, maps and survey of the Reelfoot Lake Land Addition of 1927 for
the State of Tennessee.

18. TSLA files, opinions, court cases from the Tennessee Office of the Attorney
General, 1906 through present having to do with Reelfoot Lake and the Reelfoot Lake
Commission of 1925.

19. Microfilm files from the Tennessee State Library and Archives, including but not
limited to documents having to do with Reelfoot Lake from the following governors:
Tom C. Rye, Albert H. Roberts, Alfred A. Taylor, Austin Peay, Henry Horton, and
Prentice Cooper.

20. Photographs from the Sabin Collection in the Tennessee State Library and
Archives plus other photographs at TSLA and in my personal files

21. Various historical and newspaper reports regarding Reelfoot Lake and River
System Basin, the first and second spillway/dam and levee/road projects, including but
not limited to "The Ownership of Reelfoot Lake," McGill and Craig, J. Tenn. Acad. Sci.
8 (1933); "History of Reelfoot Lake," Lowe, George, Peabody College Thesis (1930);
"The History of Reelfoot Lake Region," Humphreys, Cecil C. (1938); and "History of
 40

Reelfoot Lake," Walker, Paul E. (1929).

22. Various documents, deeds, surveys from the federal cases of Hamilton v. Myers
and Arnett v. Myers federal court cases including but not limited to affidavits and
deposition transcripts of Mr. William R. Ingram, Danny Wamble, Gary Myers, John
Gregory, Judgen Bailey as well as the complaints, answers and other court exhibits and
documents plus several official letters written by the above.

23. Tennessee Department of Game and Fish -Biennial Reports Dated: June 1, 1915,
thru Dec. 31, 1920. Reelfoot Lake sections regarding Reelfoot levee and spillway project
etc.

24. Reviewed TSLA files on the Col. George Doherty land-grants on file at the
Tennessee State Library and Archives regarding lands at Reelfoot River Land-grants: #
51 (4,000 acres), # 35 (3,000 acres), # 161 (2,000 acres), # 98 (3,000 acres).

25. State of Tennessee, Senate and House Journals of 1885. (TSLA)

26. Reviewed Memphis District -U.S. Corp. of engineers, EIS documents, data and
maps regarding the building of a new spillway/dam at Reelfoot Lake and River System in
the State of Tennessee and Commonwealth of Kentucky.

27. Obion County Tax Records and maps on property inside of the Col. George Doherty
land-grants 51 (4,000 acres), # 35 (3,000 acres), # 161 (2,000 acres), # 98 (3,000 acres).

28. Review exhibits and court documents filed in the Hamilton and Arnett federal court
cases.

29. 1909 House Resolution # 26, 1909 Report of Finding on pages 489 thru 507, 1909
Public Acts – Public Chapter # 371.

30. 1984 MOU No. 14-16-0004-34-941 between the TWRA, TNDOC, and USFWS.

31. State of Tennessee land deeds at Reelfoot Lake recorded in the Lake and Obion
County Register’s office at Deed Book 8-B, page 140 to 152, covered all lands below the
low water make claimed by the West Tennessee Land Company at Reelfoot Lake inside
of the Col. George Doherty land-grants in Obion County,Tennessee. The said property
and rights are described in full detail in the decree and judgement. Certification by the
Obion County Circuit Court was done on January 6th 1914 as to full payment and the
judgment being satisfied.

32. Former State Game Warden W.D. Howser set the water level and alleged it was
raised by the state by 4 feet in building the first spillway between 1919/20. -- Stated that
the water level was raised 4' feet -- in Lake County Chancery Court records filed by him
in 1928/29, Case # 784 - Lake County Chancery Court - date filed - Oct 23, 1928.
 41

33. Highway Commission Minutes Books show the first spillway level was set at the
States claimed "ordinary low water mark in 1917/19". This water level was set by W.D.
Howser & Gov. Rye in 1917/19 at about 280' msl est. Later in 1924 - this level was
altered & lowered about a foot to 279' msl est. by Gov. Peay and was maintained as the
States claimed "ordinary low water mark of 1924", plus Gov. Peay also ordered the
Reelfoot Lake Dam/Spillway floor structure to be altered and lowered to the new
"ordinary low water level of 1924", with a concrete base floor and sluiceway to be built
in the old 1920/21 Reelfoot Lake Dam/Spillway structure, also a water level gauge was
placed at the project site. (Shows these alterations is in the Sabin Photos from 1921 to
1924)

This claimed ordinary low water level mark/line of 1924, (278'+/- feet msl est.) was
maintain and claimed by the State of Tenn. until April 12, 1931, when Gov. Horton and
the State Parks & Forestry Commission set the new water level at EL 276.29' feet using
the TDOT datum in 1931. (Same as 280.50 +/- msl on 1987 TDOT plans). The Tennessee
State Park & Forestry Commission plus Gov. Henry Horton had a meeting at Reelfoot
Lake in April 1931, to make the announcement about the new approved water level of the
new concrete base on the Reelfoot Lake Dam/Spillway. New water level set in 1931 was
higher than the “ordinary low water mark” - level of 1907 or 1914.

The water level set in April 1931, is not the same elevation level as set by the Reelfoot
Lake Commission of 1925, on August 14, 1925. When you look at the water surface area
elevations of Reelfoot Lake in the USGS 1985 Report or ones done earlier by the
USCOE, USFWS, TN G&F Department, TDOC, USGS at Reelfoot Lake, these two
elevations do not agree as being the same as to the water surface area. Smaller lake then
as to now, but these elevations are still not the 1913 Ordinary Low Water Mark or Line of
Reelfoot Lake.

34. Reference: TSLA - M/F rolls of a letter of Gov. Horton to Reelfoot Lake
Commissioner L. J. Pardue on Oct. 18, 1930, which he states he is going to make the lake
permanently deeper:

"" The Park Board has under way a project to widen the present spillway so as to bring
about a more normal outflow of the waters of the Lake and prevent sudden rises of the
Lake's water to extreme heights. It has been my impression the project contemplated the
elevation of the new spillway above the level of the present spillway, so as to make the
waters of the Lake permanently deeper and to provide against the injurious effects that
might be caused to the Lake through evaporation during prolonged periods of dry
weather. "" -- Gov. Horton goes on to state that: " I can assure you that will continue to be
the policy of the administration as long as he is Governor, and I expect to see that such
steps are taken as will permanently increase the normal depths of this Lake and that this
will be done by such changes in the present outlet of the Lake as may be necessary".

This State project for the alteration of the first Reelfoot Lake Dam/Spillway was
authorized and funded as a Flood Control Project of the State of Tennessee, which
required the Tennessee Department of Highways and Public Works to build between 1929
 42

and 1931, under the supervision of the Tennessee State Parks & Forestry Commission.
The Tennessee Department of Highways & Public Works built the Reelfoot Lake
Dam/Spillway & Bridge in the spring of 1931, as a project for the Tennessee State Parks
& Forestry Commission; it was funded as a flood control project and completed in July
1931. The Project Construction Plans were set out in the requirements for the project
under the authority of the Tennessee's State Parks & Forestry Commission - project at the
Reelfoot Lake State Game & Fish Preserve -- Gov. Henry Horton was Chairman.

This State's claimed "ordinary low water mark/line of 1931" is not the same o.l.w.m. line
and the elevation line used in the RLC of 1925 survey, it does not agree with what was
set by the R.L.C. of 1925 on Aug 19, 1925, as the O.L.W.M. of Reelfoot Lake in 1913,
this new water level elevation mark/line of 1931, does not agree with the R.L.C of 1925 -
H.E. Hamilton Survey Maps or the metes & bounds survey call lines or the water level
elevation line of 20,654 acres at the O.L.W.M. of Reelfoot Lake in 1925.

Note: It is important to remember the R.L.C. of 1925, did not build the present Reelfoot
Lake Dam/Spillway of 1931 -- They had nothing to do with the building of the 1931
Reelfoot Lake Dam/Spillway or what the water level elevation line was at the new
concrete base (floor) as to the setting of this elevation by the State Park & Forestry
Commission and Gov. Horton on April 12, 1931. The R.L.C. of 1925 was discharged in
early 1931 by the Tennessee General Assembly and their authority was turn over to the
Tennessee Department of Game and Fish to purchase all remaining buffer zone - riparian
lands at Reelfoot Lake.

35. TWRA maps generated by GIS System in 2003

36. Reelfoot Lake Management Plan - 50 year (Draft and Final)

37. USCOE - Draft 1999 Environmental Impact Statement

38. USFWS - Draft & Final 1989 Environment Impact Statement

39. L. O. Brayton Report of 1929 on Reelfoot Lake

40. 1930 Lowe, W. E - M.A. Thesis on the History of Reelfoot Lake

41. Chancellor W. H. Swiggart - Judge - Lake County Chancery Court - Dec. 1st 1900 -
Minute Book 1896 to 1913 - pages 133 to 137 - W.E. Webster et als vs James C. Harris
and the Lake County Levee and Drainage Co.

42. Reelfoot Lake records in the Tennessee Supreme Court at Jackson, Tennessee

43. Hornbeak’s complaint, as amended (Natalie Hornbeak-Denton and Ann Hornbeak)

44. State of Tennessee - TWRA answers - Hornbeak’s complaint

 43

45. Tennessee Supreme Court Cases regarding Homra, Morris, Howser, etc. over the
boundary lines of the Reelfoot Lake Commission of 1925 Survey and the low water
mark.

46. Will of James C. Harris probated in Chancery Court, Lake County, Tennessee and
recorded in Will Book “A”, page 47.

47. TSLA file letters in Unprocessed F & A Real Property Management file Box 3574-B

48. Records of TWRA in Mr. Gary Myers office in 2005 on Reelfoot Lake (letters,
documents, maps, etc.)

49. Richard Ingram’s survey files supplied by him in the Hamilton Federal Case.

50. My opinion of June 30th 2004 in the Hamilton Federal Case.

51. This list is not complete, amendments will be made.

***********************************************************************
*

QUALIFICATIONS:

More than 25 years of historical research and study of public records regarding the
formation, management, ownership of State of Tennessee lands and private lands around
the Reelfoot River Basin, and the alterations of the Reelfoot River and
Lake Basin in the State of Tennessee and the Commonwealth of Kentucky, including
serving as a consultant and advisor/historian to the Tennessee General Assembly,
Tennessee Wildlife Resources Agency, and Expert Witness in two federal court cases.

Specifically:

1. Chairman, Reelfoot Lake Development Council, 1981 -1987.

2. Member, TWRA Taskforce of Management of Reelfoot Lake, 1982 -1983.

3. Advisor/Historian, Tennessee General Assembly, Reelfoot Lake Legislative Taskforce.

4. Expert Witness in the Hamilton Federal Case - this case was settle out of court for over
$2,000,000.00 dollars payment to the Plaintiffs - issue was the location of the 1913 low
water mark of Reelfoot Lake, riparian rights on Col. George Doherty land-grant # 51,
locations of the boundary lines in the Hamilton’s recorded warranty deeds.

5. Expert Witness in the Arnett Federal Case - this case was settle out of court for over
 44

$125,000.00 dollars payment to the Plaintiffs - issue was the location of the 1913 low
water mark of Reelfoot Lake, riparian rights on Col. George Doherty land-grant # 35,
ownership of Duck Blinds on Reelfoot Lake, locations of the boundary lines in the
Arnett’s recorded warranty deeds.

6. Consultant to the Tennessee Wildlife Resources Agency 1982-1987.

4. Vice Chairman, Reelfoot Lake Utility and Planning District

5. Executive Assistant to the Commissioner of the Tennessee Dept. of Conservation

6. Chairman, Reelfoot Lake Sportsman Association

7. Member, Reelfoot Lake Watch Group

8. Lobbyist on behalf Reelfoot Lake Legislative Taskforce, 93rd General Assembly,

State of Tennessee. Drafted several laws and rules including the State of Tennessee's
Reelfoot Lake Water Management Plan, Tenn. Code Ann, §§ 70-5-112 -113, Tennessee
Navigability Act -Tenn. Code. Ann. §. 69-1-117 including approved rules.

9. Prepared original and final draft for the TWRA 1986 Rules on Private Duck
Blinds at Reelfoot Lake WMA (1986)

10. Author, Written Report: Reelfoot Lake and its Ownership by the State of
Tennessee at Natural Ordinary Low Water Mark, July 10, 1989 for the members of the
Tennessee General Assembly.

11. Speaker in 1984 at the Public Forum on the Dynamics of man's interaction with
the Lake. "Reelfoot and Man: Yesterday, Today and Tomorrow" -Dyersburg State
Community College.

12. Consultant to several local landowners regarding riparian property issues and
boundary lines at Reelfoot Lake as it pertains to the NC - Col. Geo. Doherty Land grants
# 51, #35, # 98 and the ownership of State of Tennessee lands from 1913 to present.

13. Hunting and Fishing Guide on Reelfoot Lake for over 47 years.

14. Witness in Bunch v. Hodel, 793 F.2d 129 (6th Cir. 1986)
 45

List of Consultant Work - Partial List: Reelfoot History & Ownership of

NC Land grants #35, #51, # 98 & the Reelfoot Lake Dam/Spillway project,
State of Tennessee ownership since1909.

1982 - 1987 - State of Tennessee - General Assembly members: “Reelfoot Lake

Legislative Task Force”.

1989 - Special Reports filed with State Senator Milton Hamilton Jr. and St. Rep. Phillip
Pinion on the Ownership of Reelfoot Lake by the State of Tennessee.

1982 - 1987 - Tennessee Wildlife Resources Agency Staff (Paul Brown, Jim Johnson,
Richard Ingram, Gary Myers, Bobby Stratton).

1982 - Present - Town of Samburg Officials -- (Mayor & Alderman)

1982 - Present - Obion County Government officials

1982 - Present - Lakc County Government officials

1982 - Presently: Several Local Landowners at Reelfoot Lake who own private riparian
property inside of North Carolina Land grants issued on July 10th 1788 to Col. George
Doherty. Private landowners below have asked for my help on information pertaining to
their private property – list is not complete:

Pat Dodson, - NC Land-grant # 98 property

J.T.Spicer, Southshore Resort - NC Land-grant # 35 & 51 property
George Bunch - Samburg Motel, - NC Land-grant # 35 property
Gary & Shelly Arnett, NC Land-grant # 35 property
Janis & Freddie Cunningham, NC Land-grant # 98 property
Robert N. Johnson, Several Tracts in NC Land-grant # 98, # 35 and other property
Roland Davis NC Land-grant # 35 property
Scotty Hayes, NC Land-grant # 35 property
Tommy Morris, NC Land-grant # 98 property
Jamie & Bonnie Hamilton, NC Land-grant # 51 property
Bobbie & Martha Crocker, NC Land-grant # 35 & 51 property
Joe D. Spicer, NC Land-grant # 35 & 51 property
Carrie Lynn Hopkins, NC Land-grant # 98 property
Eddie Fickle - NC Land-grant # 35 property
Elmer Parker - NC Land-grant # 35 property
Terry Homra - NC Land-grant # 35 property
Dodie Bramlett- NC Land-grant # 98 property
Thomas Diver- NC Land-grant # 98 property
Mike Hayes- NC Land -grant # 98 property
Ann Holt - NC Land-grant # 98 property
 46

Photo reflects flooding of private property above the natural low water edge boundary line & the natural low water
mark boundary line defined in warranty deeds from NC Col. George Doherty landgrants at Reelfoot Lake.Exhibit # 30

Exhibit # 31 -Flooding of the Hornbeak Property along the east shoreline of

Reelfoot Lake due to the raising of the water levels of Reelfoot Lake by the building of
the Reelfoot Lake Levee Road Project in 1919/1920 and the additional alterations
 47

made by the State of Tennessee officials and the United States Fish and Wildlife
Service in 1942 and the early 1990s.The water level you see in this photo is not the
original 1907(1901) or the 1913 low water edge line or the original low water mark
line of the Hornbeak families property or the boundary line or with the 1913 Obion
County Circuit Court approved boundary line in 1913/1914. (St of TN vs. West
Tennessee Lake Co)

Exhibit # 21-Serveral photos of flooding on the P.D. Hornbeak Families property with water
levels above the natural low water edge line defined in their warranty deed of 1907(1901) and
the 1913 boundary line defined in Obion County Circuit Court’s Condemnation Case in January
1913/14, between the West Tennessee Land Company & the State of Tennessee. This official
Obion County Circuit Court approved survey which has a metes and bounds description defined
and is located in Deed Book 8-B pages 140 to 152 at the Register’s Office in the Obion County
Courthouse. (Public Record).

Exhibit # 32 -Flooding of the Hornbeak Property along the east shoreline of

Reelfoot Lake due to the raising of the water levels of Reelfoot Lake by the building of
the Reelfoot Lake Levee Road Project in 1919/1920 and the additional alterations
made by the State of Tennessee officials and the United States Fish and Wildlife
Service –

See Exhibit # 24 ----- for the United States Army Corps of Engineers property damage
report on local riparian landowners at Reelfoot Lake which is caused by annual
flooding and high wave wash action - damage due to high water levels created by the
Reelfoot Lake Levee Road Project and the artificial water levels set Tennessee &
 48

USFWS officials. These water levels are above the low water edge line of 1907(1901).
Fee Schedule - Hourly rate agreement:

$50.00 per hour for reviewing my personal collection of historical documents and records
on Reelfoot Lake’s History & Ownership and reviewing local Obion County Court
records, tax records, trustee records on the lands owned and claimed by the Hornbeak’s.
and the State of Tennessee since 1909.

$75.00 per hour - To deliver and write this written conclusion report and opinion
statement on the P.D. Hornbeak property and a Brief Summary Statement on the
Ownership of Reelfoot Lake by the State of Tennessee since 1909.

Hourly Rate for federal depositions and court time:

$100.00 - per hour for estimated testimony in depositions - this includes travel time.
$ 200.00 - per hour for estimated testimony in court, if called as a witness.

Time worked on Conclusions and Opinion Report:

7 hours of review time for historical documents and records in my historical collection.
2 hours of review of the Hornbeak’s personal material and tax records.
6 hours of review and writing this document and report with opinion statements.
2 hours of additional review to find spelling errors & exhibits listed from records.
3 hours of additional review for Supplement Opinion Report submitted on defendant’s
opinion reports.

I will submit a billing statement for the above charges this week.
***********************************************************************
*

Fredric A. Hamilton - 05-22-2008 – revision of 08-22-2008

Consultant and Historian on Reelfoot Lake’s History and
Ownership by the State of Tennessee since 1909
P.D. Hornbeak Property - Federal Court Case No. 07-1189
Corrected and amended version of 08-22-2008 & exhibits to be included as reference material that I
may use if called as an expert witness in this federal lawsuit. All exhibits listed and all others in my
historical collection may be used as stated before regarding the ownership of Reelfoot Lake by the State
of Tennessee since 1909.The August 25, 2008 supplement cursory statement & report you asked for is
also attached with a few exhibits. The additional cursory report pertains to the written opinions of Mr.
Richard Ingram and Mr. Danny Wamble for the defendants that were submitted just a few days ago in
this federal case. Mr. Wamble’s opinion report was in complete serveral pages were missing when I
reviewed it.

Note to reader -- I may have made some typo’s or spelling errors of some words in this document mainly
due the short time I have had to work on it and meet the deadline requested by Mr. Joe W. McCaleb -
Attorney of the Plaintiffs. A full review and corrections will be done if need be and any amendments will be
 49

submitted. If the reader has any questions, please advise.

 50

Northern Section of Map Survey on display at the Reelfoot Lake State Park Building – Exhibit # 33
W.W. Cochran Survey Map of 1902-1904 during the time Mr. J. C. Harris claimed he owned all the lands below the
“ordinary low water mark” of the natural Reelfoot Lake in Tennessee. Mr. Harris claimed his lake was only about
14,000 acres and around 16’ feet deep at its deepest point at the ordinary low water mark.
 51

W.W. Cochran Map Survey on display at the Reelfoot Lake State Park Building – Exhibit # 34
W.W. Cochran Survey Map of 1902-1904 during the time Mr. J. C. Harris claimed he owned all the lands below the
“ordinary low water mark” of the natural Reelfoot Lake in Tennessee. Mr. Harris claimed his lake was only about
14,000 acres and around 16’ feet deep at its deepest point at the ordinary low water mark.