With eminent domain involved, pushback is almost always imminent. Tallulah Falls was no different.
Residents of Tallulah Falls, Ga., pushed back against the nearby City of Demorest, Ga., which was planning to use eminent domain for a water expansion project that would “establish a new surface-water treatment facility designed to protect the region’s drinking water security for generations to come,” according to a press release from Demorest.
The facility was planned to be around 10 acres in total, with an initial capacity of 1.5 million gallons per day (MGD) and future capacity up to 5 MGD.
Eminent domain allows the government to seize private property and convert it into something for public use. It’s a controversial practice, in large part because public use can look different depending on who is in office at the time.
Tallulah Falls sits in both Rabun and Habersham counties in North Georgia. The City of Demorest is squarely in Habersham County. As such, opponents to the move argued the eminent domain proceeding would encroach on a separate sovereign municipality and thus should not be allowed. However, Habersham passed a Unified Development Ordinance in July — an effort originally started in 2024 — designed to ease zoning and regulation that was previously fragmented and “reduce unnecessary barriers to development.”
Concerned residents were also worried about environmental implications for Tallulah Lake and the surrounding area of such a project.
Pushback from residents was led by Clint Irvin, whose land was subject to the possible eminent domain. He started a petition on Aug. 15, and traction for the cause quickly followed. The petition finished with over 15,000 signatures.
“There has been a complete lack of public transparency. Rabun County, Tallulah Falls, and the Habersham Development Authority were not aware of Demorest’s actions, which is mind-boggling,” Irvin told Saporta Report. “The City of Demorest is trying to cross county lines for eminent domain; I haven’t found one case where this cross-county land grab has occurred in Georgia by a city. We are setting a precedent for the whole state. Every municipality that wants another county’s natural resources is watching very closely.”
Saporta Report was unable to find any precedent for a case in which a municipality in one county successfully used eminent domain to condemn land inside the boundary of a different, incorporated municipality in a different county.
The City of Demorest initially defended the project.
“Protecting Tallulah Lake and securing Habersham County’s future water supply are not mutually exclusive. We can do both with good engineering and environmental safeguards,” said Mark Musselwhite, city manager for Demorest, who was the leading city voice advocating for the project. “As North Georgia grows, every municipality must meet rising demand. This project ensures that families, schools, hospitals, businesses, and first responders have the dependable water infrastructure they need — not just next year, but decades from now,” he added.
Ultimately, Demorest chose to rethink its strategy — a win for Irvin and allies alike.
Regarding water use in the future, Irvin believes a more collaborative approach would yield better results for everyone.
“If there is a need for water in the future, I believe the cities and counties should be collaborative and find a solution that works for everyone. In this particular case, I think Demorest should remain inside their own county lines; Lake Tugaloo is 9.5 times the size of Lake Tallulah and is in Habersham County. Rabun County’s natural resources should be decided by the people of Rabun County,” Irvin said.
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