Woman swept away in Eastern Kentucky flooding declared legally dead after six months

A woman who has been missing since devastating flooding in Eastern Kentucky six months ago has been declared dead, bringing the total number of deaths resulting from the flooding to 45.

Vanessa Baker, 60, lived on Lower River Caney in Breathitt County.

When torrential rains caused flooding in the region early July 28, Baker was swept away as she and her husband, Farmer Edward Baker, tried to escape their home, according to findings by Breathitt District Judge Gary Salyers.

Her husband and other family members made a “valiant effort” to save Baker without success, the order said.

Baker and her husband had been married nearly 40 years.

Salyers declared Baker legally dead in an order signed Monday.

The Social Security Administration presumes a person is dead if he or she has been missing and not heard from for seven years.

However, under Kentucky law, a judge can rule someone is dead if the person is missing after being exposed to an event that has been declared a disaster, and whose absence can’t be adequately explained despite “diligent search or inquiry.”

Search and rescue organizations, state and federal agencies and volunteers have searched for Baker several times since she disappeared in the flood, including earlier this month.

Local authorities have said no one else is known to be missing as a result of the flooding.

Gov. Andy Beshear said in a statement that the state’s official count of the number of deaths from the flooding will increase to 45 to include Baker.

“Sadly today, we are updating the death count from the Eastern Kentucky floods to include the death of Vanessa Baker from Breathitt County who has been missing since the flooding occurred in July,” Beshear said. “Kentuckians lost to the devastating flooding now stands at 45. Please join Britainy and me as we continue to pray for the Baker family.”

Farmer Edward Baker requested the order declaring his wife dead. That was necessary in order for him to be appointed administrator of her estate.

Baker, on behalf of the estate, also joined a lawsuit in which about 90 Breathitt County residents have sued two coal companies, said Prestonsburg attorney Ned Pillersdorf, who represents the residents.

The complaint alleges that reclamation violations by Blackhawk Mining LLC and Pine Branch Mining LLC at surface mining operations in the hills overlooking Lower River Caney made the flooding worse.

The lawsuit alleges the companies failed to properly build and maintain silt ponds, which allowed water and debris to flow on the properties of the people suing.

Silt ponds are designed to catch runoff from surface mines.

The lawsuit also alleges the companies didn’t properly reclaim mined areas, which exacerbated damage from the flooding. Reclamation includes measures aimed at controlling runoff from surface mines.

The coal companies knew the violations were “ticking time bombs ready to explode with any type of heavy rainfall,” the lawsuit says.

In a response to the lawsuit, Blackhawk and Pine Branch denied that any of their actions caused, contributed to, or worsened any damages caused by the “unforeseeable and historic rainfall” that occurred in Breathitt and other counties in July.

The damages were the result of an act of God, the coal companies said.

The lawsuit is pending in federal court.

In addition to deaths and injuries, the flooding last July destroyed or damaged hundreds of homes and caused hundreds of millions of dollars worth of damage to roads, bridges, water systems and other infrastructure.

The worst damage was in Breathitt, Perry, Knott and Letcher counties, but more than a dozen were included in the disaster declaration.