Hearing on ‘the battle of Craig’s Creek’ postponed to May 1

Pam Dudding

Contributing writer

Craig County is known for its beauty, with its meandering creeks and mountainous landscapes that can be breathtaking during peak seasons. 

Many families plan their weekends on the creeks with their kayaks, tubes and little fishing boats to relax and enjoy the scenery in a very slow mode.

Recently, however there has been a proposition to block certain areas of the creek, which are main throughways of the more commonly used creeks for these enjoyments. The dispute is being called “The Battle of Craig’s Creek”. 

“So, our story is that, as a landowner on Craig’s Creek we have enjoyed for over 100 years the freedom to paddle anywhere on Craigs Creek,” shared Bob Murray. “Now, a large landowner, Walter Lemmon is suing the State of Virginia to rule that landowners on either side of the stream “own” the creek bottom and hence, the water. That ruling will allow him to shut down all public access to the stream and make it a crime of trespassing. He owns both sides in a number of locations in Craig and plans to stop all traffic.”

He added, “Furthermore, if you are a neighbor on the creek owning land you will not be able to ‘trespass’ on his side of the creek. He has long notified us across the creek from him not to paddle on his side of the creek.”

It was shared that many landowners who live on the creek, organized and met one Saturday at Wilderness Adventure Camp. The group is called “Friends of Craigs Creek.” There are currently 137 members and “increasing daily,” they shared.  

“There were about 100-plus angry neighbors at the initial meeting,” Murray added. 

They have set up a website and created a newsletter to help share the news. 

The discrepancy has arisen with visiting people using the rights to others’ said owned land. 

Lemon wrote to Murray, “My purpose in writing you is not to advise you that I want to be an unfriendly neighbor, but to defend the title to my land against trespassers who claim a property right adverse to mine. I am aware that you and your family have enjoyed Craigs Creek for many years and will enjoy same for years to come, but for legal reasons, I must advise you that I own to the center Craigs Creek beginning at a common corner with the cabin owned by the heirs of Fred Hamlin and continuing upstream a distance of 447 feet, more or less, and that any use of said land or water by you or your guest without my permission will be considered an act of trespass.” 

The first court hearing which was set in New Castle Courthouse on Feb. 8 has been postponed to May 1 at 10 a.m. and a trial in July.  

Murray noted, “The lawyer for Lemon is Lenden Eakin and that the State has appointed Rosalee Fessier (540-255-6198) to defend us. We are hopping mad and know that passage of this will KILL tourism to the County while it severely restricts our use of the stream.”

Murray shared that he feels there has not been county interest in this issue, stating, “Inexplicably, the Craig Tourism Commission is not interested nor the County Administrator. Same for Town Council, but Botetourt County via Terry Austin is on our side as this will be counter to their new Tracks to Trails 10-million-dollar new path.”

However, on Feb. 2, the Craig County Board of Supervisors sent a “Resolution Expressing Support for Free and Open Public Waters.”

It states: 

“Whereas, the Board of Supervisors of Craig County, Virginia, recognizes that all the public waters located in the County are a natural resource that must be protected and have an important recreational and economic benefit for the citizens of the County and the Commonwealth as a whole; and

Whereas, the Commonwealth of Virginia Marine Resources Commission considers the subaqueous beds of stream segments to be State owned pursuant to Code Section 28.2-1200; and 

Whereas, the Board desires to ensure that the public waters of the County are protected and remain open and available to the citizens of the County for generations to come; and 

Whereas, in response to claims of ownership of certain waters located in the County; now, therefore, 

BE IT RESOLVED by the Board of Supervisors that the County recognizes that all the public waters located in the County are a natural resource that must be protected and have an important recreational and economic benefit for the citizens of the County and the Commonwealth as a whole and that the Board supports the protection and the free and open use by the public of the public waters located in the County.

This Resolution shall take effect immediately.”

Murray also sent a letter to the editor of the local paper and the Roanoke Times, stating, “To ban public access to Craigs creek is to destroy one of the major attractions of visiting Craig County. Requiring approval from the owners on each side of the creek through its entirety, in effect stops all public traffic. I am an owner of a good section of Craigs Creek, and while I am not happy to see all the trash and noise that visitors bring, the alternative is horrible. We must all get together and make sure that beautiful Craigs creek is open to all!”

With many more opinions being voiced in Craig County, it seems the goal remains for all to come to an agreement which will benefit landowners as well as water users.