Alabama family accuses county of draining private lake, killing thousands of fish, destroying habitat. ‘Devastation’ hasn't been fixed a year later

The lawsuit, filed in Talladega County Circuit Court, names the local commission, along with multiple employees, alleging they acted with “gross and reckless disregard” for the Baxleys’ property rights. Additionally, they killed thousands of fish and damaged an established wildlife habitat.

For Joshua Baxley, the lake was more than just a cool feature on their land; it was essential for daily life, from fishing to time outdoors with his wife and four young daughters.

“This place is my oasis,” Baxley told ABC I Team (1). “To see that devastation was heartbreaking.”

The cost of a drained lake

According to the lawsuit, county workers entered the Baxleys’ property on August 13, 2024, and opened drainage structures connected to their private lake without authorization.

The lake was originally built as part of a government-funded watershed project. But any easement allowing county access expired in 2019 and was not renewed, according to the Baxleys.

An easement is a legal right that allows a third party, often a government agency or utility, to access or use part of a private property for a specific purpose such as maintenance or drainage (2). These rights typically run with the land, meaning they can be passed on to future owners unless they expire or are formally revoked.

When the Baxleys purchased the property, no easements or other restrictions were recorded, the lawsuit says. The complaint also alleges county officials have failed to produce documentation showing they had the authority to access the property or drain the lake.

The impact, Joshua Baxley says, was immediate and lasting. A lake that once reached more than 40 feet deep now measures 8 to 10 feet.

“The fish all died,” he added. “They said they’d make it right. They haven’t.”

Alyssa Baxley, a partner at Baxley Maniscalco Attorneys at Law, is representing her family in the case. The lawsuit includes several claims, among them trespass, negligence and unconstitutional taking, a legal theory known as inverse condemnation.

Inverse condemnation allows property owners to seek compensation when a government action damages or devalues private property without formally acquiring it through eminent domain (3).

For the Baxleys, the damages add up quickly. In a formal notice of claim sent in June 2025, they estimated losses totaling $72,324, including more than $42,000 for fish restocking and rehabilitation and $30,000 for loss of use and enjoyment of the lake.

The lawsuit also seeks compensation for diminished property value, restoration costs, emotional distress, punitive damages and legal fees.

The financial stakes can be significant. The average Alabama home is valued at about $229,000, according to Zillow (4). Research shows that ponds and small lakes can boost property values by roughly 1.9% to 7.7%, while also helping homes sell faster by enhancing recreation, aesthetics and overall marketability.

The road to a lawsuit

Filing a lawsuit was not the Baxleys’ first step.

According to the complaint, the family repeatedly tried to resolve the issue directly with county officials before turning to the courts. Joshua Baxley said county leaders assured him the situation would be addressed, but no corrective action followed.

“They shook my hand, looked me in the eye and said we’re going to do the right thing,” Baxley said. “They haven’t done anything.”

Claims alleging government interference with private property don’t resolve quickly. Inverse condemnation cases can take many years to make their way through the courts, often a significant portion of a decade, adding time and cost to what is already a stressful process for homeowners (5).