WAHKIAKUM COUNTY RESISTANCE FORUM: FISH AND RIVER PROTECTOR: FISH WEIR

Wednesday, August 20, 2008

FISH AND RIVER PROTECTOR: FISH WEIR

To Everyone concerned

Next month the Fish and game is planning to install a weir in the Grays River, by the covered bridge, to capture and kill salmon. Right now they are capturing leaving smolt and killing them to study what they eat???
This insanity must be stopped!
I encourage all to do their part in stopping this action by those who would be God. There has been fish kills before with disastrous results. We cannot and will not allow this. We have the right and duty to protect our river and its fish.
If it is because of wild and raised fish, I ask: If one "clipped" fish has passed by and spawned naturally is it then spawning "unclipped" fish, thus becoming wild smolt? How many clipped fish have spawned naturally?
It is time we take controll of our "back yard" from the 'Bullies." ($)

Sincerely; Poul K Toftemark
River and Fish Protector

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WAHKIAKUM COUNTY PRIVATE PROPERTY OWNERS: READ THIS!

Petitioner’s questions:

Does the Streamlined permitting process of the Salmon Recovery act give permission to agencies to disregard RCW.16.010 to cause flooding to private properties and state hwy ways disregarding the statement of policy in which the legislation finds that the state of Washington has full regulatory control over water ways in an order to alleviate flood damage?

May 28, 2008

I request an explanation as to why Columbia Land Trust and their affiliates are allowed to break the laws of the country, state, and county.

It is with complete disregard for the laws of this country, state and Wahkiakum county ordinance that Columbia Land Trust can erect a Dam in a flood plain and build a levy, thereby decreasing the land mass of a critical flood plain area from well over 800 acres into a mere 40 acres. The zero rise laws and ordinances seem to not apply here WHY?

It also is evident by the lack of enforcement from the state and county that it is okay to destroy land, divert rivers into homes, destroy farm land, and shatter the lives of people as well animals.

This is not a civil matter laws have been broken. Is there no one who enforces laws?

RCW 86.16.010Statement of policy -- State control assumed.
The legislature finds that the alleviation of recurring flood damages to public and private property and to the public health and safety is a matter of public concern. As an aid in effecting such alleviation the state of Washington, in the exercise of its sovereign and police powers, hereby assumes full regulatory control over the navigable and nonnavigable waters flowing or lying within the borders of the state subject always to the federal control of navigation, to the extent necessary to accomplish the objects of this chapter. In addition, in an effort to alleviate flood damage and expenditures of government funds, the federal government adopted the national flood insurance act of 1968 and subsequently the flood disaster protection act of 1973. The department of ecology is the state agency in Washington responsible for coordinating the floodplain management regulation elements aspects of the national flood insurance program.
[1987 c 523 § 1; 1935 c 159 § 1; RRS § 9663A-1.]

RCW 86.16.020Floodplain management regulation.
Statewide floodplain management regulation shall be exercised through: (1) Local governments' administration of the national flood insurance program regulation requirements, (2) the establishment of minimum state requirements for floodplain management that equal the minimum federal requirements for the national flood insurance program, and (3) the issuance of regulatory orders. This regulation shall be exercised over the planning, construction, operation and maintenance of any works, structures and improvements, private or public, which might, if improperly planned, constructed, operated and maintained, adversely influence the regimen of a stream or body of water or might adversely affect the security of life, health and property against damage by flood water.
[1989 c 64 § 1; 1987 c 523 § 2; 1935 c 159 § 3; RRS § 9663A-3. FORMER PART OF SECTION: 1939 c 85 § 1 now codified as RCW 86.16.025 and 86.16.027.]
NOTES:
Appeal of orders under RCW 86.16.020: RCW 43.21B.310
RCW 86.16.025Authority of department.
Subject to RCW 43.21A.068, with respect to such features as may affect flood conditions, the department shall have authority to examine, approve or reject designs and plans for any structure or works, public or private, to be erected or built or to be reconstructed or modified upon the banks or in or over the channel or over and across the floodway of any stream or body of water in this state.
[1995 c 8 § 4; 1989 c 64 § 2; 1987 c 109 § 50; 1939 c 85 § 1; 1935 c 159 § 6; RRS § 9663A-6. Formerly RCW 86.16.020, part.]
NOTES:
Findings -- 1995 c 8: See note following RCW 43.21A.064.
Purpose -- Short title -- Construction -- Rules -- Severability -- Captions -- 1987 c 109: See notes following RCW 43.21B.001.
RCW 86.16.031Duties of the department of ecology.
The department of ecology shall: (1) Review and approve county, city, or town floodplain management ordinances pursuant to RCW 86.16.041; (2) When requested, provide guidance and assistance to local governments in development and amendment of their floodplain management ordinances; (3) Provide technical assistance to local governments in the administration of their floodplain management ordinances; (4) Provide local governments and the general public with information related to the national flood insurance program; (5) When requested, provide assistance to local governments in enforcement actions against any individual or individuals performing activities within the floodplain that are not in compliance with local, state, or federal floodplain management requirements; (6) Establish minimum state requirements that equal minimum federal requirements for the national flood insurance program; (7) Assist counties, cities, and towns in identifying the location of the one hundred year floodplain, and petitioning the federal government to alter its designations of where the one hundred year floodplain is located if the federally recognized location of the one hundred year floodplain is found to be inaccurate; and (8) Establish minimum state requirements for specific floodplains that exceed the minimum federal requirements for the national flood insurance program, but only if: (a) The location of the one hundred year floodplain has been reexamined and is certified by the department as being accurate; (b) negotiations have been held with the affected county, city, or town over these regulations; (c) public input from the affected community has been obtained; and (d) the department makes a finding that these increased requirements are necessary due to local circumstances and general public safety.
[1989 c 64 § 3; 1987 c 523 § 3.]
RCW 86.16.035Department of ecology -- Control of dams and obstructions.
Subject to RCW 43.21A.068, the department of ecology shall have supervision and control over all dams and obstructions in streams, and may make reasonable regulations with respect thereto concerning the flow of water which he deems necessary for the protection to life and property below such works from flood waters.
[1995 c 8 § 5. Prior: 1987 c 523 § 9; 1987 c 109 § 53; 1935 c 159 § 8; RRS § 9663A-8. Formerly RCW 86.16.030, part.]
NOTES:
Findings -- 1995 c 8: See note following RCW 43.21A.064.
Purpose -- Short title -- Construction -- Rules -- Severability -- Captions -- 1987 c 109: See notes following RCW 43.21B.001.
RCW 86.16.081Enforcement of chapter -- Civil penalty -- Review by pollution control hearings board or local legislative authority.
(1) Except as provided in RCW 43.05.060 through 43.05.080 and 43.05.150, the attorney general or the attorney for the local government shall bring such injunctive, declaratory, or other actions as are necessary to ensure compliance with this chapter. (2) Any person who fails to comply with this chapter shall also be subject to a civil penalty not to exceed one thousand dollars for each violation. Each violation or each day of noncompliance shall constitute a separate violation. (3) The penalty provided for in this section shall be imposed by a notice in writing, either by certified mail with return receipt requested or by personal service, to the person incurring the same from the department or local government, describing the violation with reasonable particularity and ordering the act or acts constituting the violation or violations to cease and desist or, in appropriate cases, requiring necessary corrective action to be taken within a specific and reasonable time. (4) Any penalty imposed pursuant to this section by the department shall be subject to review by the pollution control hearings board. Any penalty imposed pursuant to this section by local government shall be subject to review by the local government legislative authority. Any penalty jointly imposed by the department and local government shall be appealed to the pollution control hearings board.
[1995 c 403 § 634; 1987 c 523 § 8.]
NOTES:
Findings -- Short title -- Intent -- 1995 c 403: See note following RCW 34.05.328.
Part headings not law -- Severability -- 1995 c 403: See RCW 43.05.903 and 43.05.904.
RCW 86.16.120Flood damages defined.
Damages within the meaning of this chapter shall include harmful inundation, water erosion of soil, stream banks and beds, stream channel shifting and changes, harmful deposition by water of eroded and shifting soils and debris upon property or in the beds of streams or other bodies of water, damages by high water to public roads, highways, bridges, utilities and to works built for protection against floods or inundation, the interruption by floods of travel, communication and commerce, and all other high water influences and results which injuriously affect the public health and the safety of property.
[1935 c 159 § 2; RRS § 9663A-2.]

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CITE- 42 USC Sec. 1983 01/16/96 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 21 - CIVIL RIGHTS SUBCHAPTER I - GENERALLY -HEAD- Sec. 1983. Civil action for deprivation of rights -STATUTE- Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia. -SOURCE- (R.S. Sec. 1979; Pub. L. 96-170, Sec. 1, Dec. 29, 1979, 93 Stat. 1284.) -COD- CODIFICATION R.S. Sec. 1979 derived from act Apr. 20, 1871, ch. 22, Sec. 1, 17 Stat. 13. Section was formerly classified to section 43 of Title 8, Aliens and Nationality. -MISC3- AMENDMENTS 1979 - Pub. L. 96-170 inserted ''or the District of Columbia'' after ''Territory'', and provisions relating to Acts of Congress applicable solely to the District of Columbia. EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96-170 applicable with respect to any deprivation of rights, privileges, or immunities secured by the Constitution and laws occurring after Dec. 29, 1979, see section 3 of Pub. L. 96-170, set out as a note under section 1343 of Title 28, Judiciary and Judicial Procedure. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1988, 1997e of this title.

CITE- 42 USC Sec. 1982 01/16/96 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 21 - CIVIL RIGHTS SUBCHAPTER I - GENERALLY -HEAD- Sec. 1982. Property rights of citizens -STATUTE- All citizens of the United States shall have the same right, in every State and Territory, as is enjoyed by white citizens thereof to inherit, purchase, lease, sell, hold, and convey real and personal property. -SOURCE- (R.S. Sec. 1978.) -COD- CODIFICATION R.S. Sec. 1978 derived from act Apr. 9, 1866, ch. 31, Sec. 1, 14 Stat. 27. Section was formerly classified to section 42 of Title 8, Aliens and Nationality. -EXEC- EX. ORD. NO. 11063. EQUAL OPPORTUNITY IN HOUSING Ex. Ord. No. 11063, Nov. 20, 1962, 27 F.R. 11527, as amended by Ex. Ord. No. 12259, Dec. 31, 1980, 46 F.R. 1253; Ex. Ord. No. 12892, Sec. 6-604, Jan. 17, 1994, 59 F.R. 2939, provided: WHEREAS the granting of Federal assistance for the provision, rehabilitation, or operation of housing and related facilities from which Americans are excluded because of their race, color, creed, or national origin is unfair, unjust, and inconsistent with the public policy of the United States as manifested in its Constitution and laws; and WHEREAS the Congress in the Housing Act of 1949 (see Short Title note set out under section 1441 of this title) has declared that the general welfare and security of the Nation and the health and living standards of its people require the realization as soon as feasible of the goal of a decent home and a suitable living environment for every American family; and WHEREAS discriminatory policies and practices based upon race, color, creed, or national origin now operate to deny many Americans the benefits of housing financed through Federal assistance and as a consequence prevent such assistance from providing them with an alternative to substandard, unsafe, unsanitary, and overcrowded housing; and WHEREAS such discriminatory policies and practices result in segregated patterns of housing and necessarily produce other forms of discrimination and segregation which deprive many Americans of equal opportunity in the exercise of their unalienable rights to life, liberty, and the pursuit of happiness; and WHEREAS the executive branch of the Government, in faithfully executing the laws of the United States which authorize Federal financial assistance, directly or indirectly, for the provision, rehabilitation, and operation of housing and related facilities, is charged with an obligation and duty to assure that those laws are fairly administered and that benefits thereunder are made available to all Americans without regard to their race, color, creed, or national origin: NOW, THEREFORE, by virtue of the authority vested in me as President of the United States by the Constitution and laws of the United States, it is ordered as follows: PART I - PREVENTION OF DISCRIMINATION Section 101. I hereby direct all departments and agencies in the executive branch of the Federal Government, insofar as their functions relate to the provision, rehabilitation, or operation of housing and related facilities, to take all action necessary and appropriate to prevent discrimination because of race, color, religion (creed), sex, disability, familial status or national origin - (a) in the sale, leasing, rental, or other disposition of residential property and related facilities (including land to be developed for residential use), or in the use or occupancy thereof, if such property and related facilities are - (i) owned or operated by the Federal Government, or (ii) provided in whole or in part with the aid of loans, advances, grants, or contributions hereafter agreed to be made by the Federal Government, or (iii) provided in whole or in part by loans hereafter insured, guaranteed, or otherwise secured by the credit of the Federal Government, or (iv) provided by the development or the redevelopment of real property purchased, leased, or otherwise obtained from a State or local public agency receiving Federal financial assistance for slum clearance or urban renewal with respect to such real property under a loan of grant contract hereafter entered into; and (b) in the lending practices with respect to residential property and related facilities (including land to be developed for residential use) of lending institutions, insofar as such practices relate to loans hereafter insured or guaranteed by the Federal Government. Sec. 102. I hereby direct the Department of Housing and Urban Development and all other executive departments and agencies to use their good offices and to take other appropriate action permitted by law, including the institution of appropriate litigation, if required, to promote the abandonment of discriminatory practices with respect to residential property and related facilities heretofore provided with Federal financial assistance of the types referred to in Section 101(a)(ii), (iii), and (iv). PART II - IMPLEMENTATION BY DEPARTMENTS AND AGENCIES Sec. 201. Each executive department and agency subject to this order is directed to submit to the President's Committee on Equal Opportunity in Housing established pursuant to Part IV of this order (hereinafter sometimes referred to as the Committee), within thirty days from the date of this order, a report outlining all current programs administered by it which are affected by this order. Sec. 202. Each such department and agency shall be primarily responsible for obtaining compliance with the purposes of this order as the order applies to programs administered by it; and is directed to cooperate with the Committee, to furnish it, in accordance with law, such information and assistance as it may request in the performance of its functions, and to report to it at such intervals as the Committee may require. Sec. 203. Each such department and agency shall, within thirty days from the date of this order, issue such rules and regulations, adopt such procedures and policies, and make such exemptions and exceptions as may be consistent with law and necessary or appropriate to effectuate the purposes of this order. Each such department and agency shall consult with the Committee in order to achieve such consistency and uniformity as may be feasible. PART III - ENFORCEMENT Sec. 301. The Committee, any subcommittee thereof, and any officer or employee designated by any executive department or agency subject to this order may hold such hearings, public or private, as the Committee, department, or agency may deem advisable for compliance, enforcement, or educational purposes. Sec. 302. If any executive department or agency subject to this order concludes that any person or firm (including but not limited to any individual, partnership, association, trust, or corporation) or any State or local public agency has violated any rule, regulation, or procedure issued or adopted pursuant to this order, or any nondiscrimination provision included in any agreement or contract pursuant to any such rule, regulation, or procedure, it shall endeavor to end and remedy such violation by informal means, including conference, conciliation, and persuasion unless similar efforts made by another Federal department or agency have been unsuccessful. In conformity with rules, regulations, procedures, or policies issued or adopted by it pursuant to Section 203 hereof, a department or agency may take such action as may be appropriate under its governing laws, including, but not limited to, the following: It may - (a) cancel or terminate in whole or in part any agreement or contract with such person, firm, or State or local public agency providing for a loan, grant, contribution, or other Federal aid, or for the payment of a commission or fee; (b) refrain from extending any further aid under any program administered by it and affected by this order until it is satisfied that the affected person, firm, or State or local public agency will comply with the rules, regulations, and procedures issued or adopted pursuant to this order, and any nondiscrimination provisions included in any agreement or contract; (c) refuse to approve a lending institution or any other lender as a beneficiary under any program administered by it which is affected by this order or revoke such approval if previously given. Sec. 303. In appropriate cases executive departments and agencies shall refer to the Attorney General violations of any rules, regulations, or procedures issued or adopted pursuant to this order, or violations of any nondiscrimination provisions included in any agreement or contract, for such civil or criminal action as he may deem appropriate. The Attorney General is authorized to furnish legal advice concerning this order to the Committee and to any department or agency requesting such advice. Sec. 304. Any executive department or agency affected by this order may also invoke the sanctions provided in Section 302 where any person or firm, including a lender, has violated the rules, regulations, or procedures issued or adopted pursuant to this order, or the nondiscrimination provisions included in any agreement or contract, with respect to any program affected by this order administered by any other executive department or agency. PART IV - ESTABLISHMENT OF THE PRESIDENT'S COMMITTEE ON EQUAL OPPORTUNITY IN HOUSING (Revoked. Ex. Ord. No. 12259, Dec. 31, 1980, 46 F.R. 1253; Ex. Ord. No. 12892, Sec. 6-604, Jan. 17, 1994, 59 F.R. 2939.) PART V - POWERS AND DUTIES OF THE PRESIDENT'S COMMITTEE ON EQUAL OPPORTUNITY IN HOUSING Sec. 501. (Revoked. Ex. Ord. No. 12259, Dec. 31, 1980, 46 F.R. 1253; Ex. Ord. No. 12892, Sec. 6-604, Jan. 17, 1994, 59 F.R. 2939.) Sec. 502. (a) The Committee shall take such steps as it deems necessary and appropriate to promote the coordination of the activities of departments and agencies under this order. In so doing, the Committee shall consider the overall objectives of Federal legislation relating to housing and the right of every individual to participate without discrimination because of race, color, religion (creed), sex, disability, familial status or national origin in the ultimate benefits of the Federal programs subject to this order. (b) The Committee may confer with representatives of any department or agency, State or local public agency, civic, industry, or labor group, or any other group directly or indirectly affected by this order; examine the relevant rules, regulations, procedures, policies, and practices of any department or agency subject to this order and make such recommendations as may be necessary or desirable to achieve the purposes of this order. (c) The Committee shall encourage educational programs by civic, educational, religious, industry, labor, and other nongovernmental groups to eliminate the basic causes of discrimination in housing and related facilities provided with Federal assistance. Sec. 503. (Revoked. Ex. Ord. No. 12259, Dec. 31, 1980, 46 F.R. 1253; Ex. Ord. No. 12892, Sec. 6-604, Jan. 17, 1994, 59 F.R. 2939.) PART VI - MISCELLANEOUS Sec. 601. As used in this order, the term ''departments and agencies'' includes any wholly-owned or mixed-ownership Government corporation, and the term ''State'' includes the District of Columbia, the Commonwealth of Puerto Rico, and the territories of the United States. Sec. 602. This order shall become effective immediately. (Functions of President's Committee on Equal Opportunity in Housing under Ex. Ord. No. 11063 delegated to Secretary of Housing and Urban Development by Ex. Ord. No. 12892, Sec. 6-604(a), Jan. 17, 1994, 59 F.R. 2939, set out as a note under section 3608 of this title.) -CROSS- CROSS REFERENCES Third party tort liability to United States for hospital and medical care, see section 2651 et seq. of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1988, 3608 of this title.

-CITE- 18 USC Sec. 1963 01/23/00 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 96 - RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS -HEAD- Sec. 1963. Criminal penalties -STATUTE- (a) Whoever violates any provision of section 1962 of this chapter shall be fined under this title or imprisoned not more than 20 years (or for life if the violation is based on a racketeering activity for which the maximum penalty includes life imprisonment), or both, and shall forfeit to the United States, irrespective of any provision of State law - (1) any interest the person has acquired or maintained in violation of section 1962; (2) any - (A) interest in; (B) security of; (C) claim against; or (D) property or contractual right of any kind affording a source of influence over; any enterprise which the person has established, operated, controlled, conducted, or participated in the conduct of, in violation of section 1962; and (3) any property constituting, or derived from, any proceeds which the person obtained, directly or indirectly, from racketeering activity or unlawful debt collection in violation of section 1962. The court, in imposing sentence on such person shall order, in addition to any other sentence imposed pursuant to this section, that the person forfeit to the United States all property described in this subsection. In lieu of a fine otherwise authorized by this section, a defendant who derives profits or other proceeds from an offense may be fined not more than twice the gross profits or other proceeds. (b) Property subject to criminal forfeiture under this section includes - (1) real property, including things growing on, affixed to, and found in land; and (2) tangible and intangible personal property, including rights, privileges, interests, claims, and securities. (c) All right, title, and interest in property described in subsection (a) vests in the United States upon the commission of the act giving rise to forfeiture under this section. Any such property that is subsequently transferred to a person other than the defendant may be the subject of a special verdict of forfeiture and thereafter shall be ordered forfeited to the United States, unless the transferee establishes in a hearing pursuant to subsection (l) that he is a bona fide purchaser for value of such property who at the time of purchase was reasonably without cause to believe that the property was subject to forfeiture under this section. (d)(1) Upon application of the United States, the court may enter a restraining order or injunction, require the execution of a satisfactory performance bond, or take any other action to preserve the availability of property described in subsection (a) for forfeiture under this section - (A) upon the filing of an indictment or information charging a violation of section 1962 of this chapter and alleging that the property with respect to which the order is sought would, in the event of conviction, be subject to forfeiture under this section; or (B) prior to the filing of such an indictment or information, if, after notice to persons appearing to have an interest in the property and opportunity for a hearing, the court determines that - (i) there is a substantial probability that the United States will prevail on the issue of forfeiture and that failure to enter the order will result in the property being destroyed, removed from the jurisdiction of the court, or otherwise made unavailable for forfeiture; and (ii) the need to preserve the availability of the property through the entry of the requested order outweighs the hardship on any party against whom the order is to be entered: Provided, however, That an order entered pursuant to subparagraph (B) shall be effective for not more than ninety days, unless extended by the court for good cause shown or unless an indictment or information described in subparagraph (A) has been filed. (2) A temporary restraining order under this subsection may be entered upon application of the United States without notice or opportunity for a hearing when an information or indictment has not yet been filed with respect to the property, if the United States demonstrates that there is probable cause to believe that the property with respect to which the order is sought would, in the event of conviction, be subject to forfeiture under this section and that provision of notice will jeopardize the availability of the property for forfeiture. Such a temporary order shall expire not more than ten days after the date on which it is entered, unless extended for good cause shown or unless the party against whom it is entered consents to an extension for a longer period. A hearing requested concerning an order entered under this paragraph shall be held at the earliest possible time, and prior to the expiration of the temporary order. (3) The court may receive and consider, at a hearing held pursuant to this subsection, evidence and information that would be inadmissible under the Federal Rules of Evidence. (e) Upon conviction of a person under this section, the court shall enter a judgment of forfeiture of the property to the United States and shall also authorize the Attorney General to seize all property ordered forfeited upon such terms and conditions as the court shall deem proper. Following the entry of an order declaring the property forfeited, the court may, upon application of the United States, enter such appropriate restraining orders or injunctions, require the execution of satisfactory performance bonds, appoint receivers, conservators, appraisers, accountants, or trustees, or take any other action to protect the interest of the United States in the property ordered forfeited. Any income accruing to, or derived from, an enterprise or an interest in an enterprise which has been ordered forfeited under this section may be used to offset ordinary and necessary expenses to the enterprise which are required by law, or which are necessary to protect the interests of the United States or third parties. (f) Following the seizure of property ordered forfeited under this section, the Attorney General shall direct the disposition of the property by sale or any other commercially feasible means, making due provision for the rights of any innocent persons. Any property right or interest not exercisable by, or transferable for value to, the United States shall expire and shall not revert to the defendant, nor shall the defendant or any person acting in concert with or on behalf of the defendant be eligible to purchase forfeited property at any sale held by the United States. Upon application of a person, other than the defendant or a person acting in concert with or on behalf of the defendant, the court may restrain or stay the sale or disposition of the property pending the conclusion of any appeal of the criminal case giving rise to the forfeiture, if the applicant demonstrates that proceeding with the sale or disposition of the property will result in irreparable injury, harm or loss to him. Notwithstanding 31 U.S.C. 3302(b), the proceeds of any sale or other disposition of property forfeited under this section and any moneys forfeited shall be used to pay all proper expenses for the forfeiture and the sale, including expenses of seizure, maintenance and custody of the property pending its disposition, advertising and court costs. The Attorney General shall deposit in the Treasury any amounts of such proceeds or moneys remaining after the payment of such expenses. (g) With respect to property ordered forfeited under this section, the Attorney General is authorized to - (1) grant petitions for mitigation or remission of forfeiture, restore forfeited property to victims of a violation of this chapter, or take any other action to protect the rights of innocent persons which is in the interest of justice and which is not inconsistent with the provisions of this chapter; (2) compromise claims arising under this section; (3) award compensation to persons providing information resulting in a forfeiture under this section; (4) direct the disposition by the United States of all property ordered forfeited under this section by public sale or any other commercially feasible means, making due provision for the rights of innocent persons; and (5) take appropriate measures necessary to safeguard and maintain property ordered forfeited under this section pending its disposition. (h) The Attorney General may promulgate regulations with respect to - (1) making reasonable efforts to provide notice to persons who may have an interest in property ordered forfeited under this section; (2) granting petitions for remission or mitigation of forfeiture; (3) the restitution of property to victims of an offense petitioning for remission or mitigation of forfeiture under this chapter; (4) the disposition by the United States of forfeited property by public sale or other commercially feasible means; (5) the maintenance and safekeeping of any property forfeited under this section pending its disposition; and (6) the compromise of claims arising under this chapter. Pending the promulgation of such regulations, all provisions of law relating to the disposition of property, or the proceeds from the sale thereof, or the remission or mitigation of forfeitures for violation of the customs laws, and the compromise of claims and the award of compensation to informers in respect of such forfeitures shall apply to forfeitures incurred, or alleged to have been incurred, under the provisions of this section, insofar as applicable and not inconsistent with the provisions hereof. Such duties as are imposed upon the Customs Service or any person with respect to the disposition of property under the customs law shall be performed under this chapter by the Attorney General. (i) Except as provided in subsection (l), no party claiming an interest in property subject to forfeiture under this section may - (1) intervene in a trial or appeal of a criminal case involving the forfeiture of such property under this section; or (2) commence an action at law or equity against the United States concerning the validity of his alleged interest in the property subsequent to the filing of an indictment or information alleging that the property is subject to forfeiture under this section. (j) The district courts of the United States shall have jurisdiction to enter orders as provided in this section without regard to the location of any property which may be subject to forfeiture under this section or which has been ordered forfeited under this section. (k) In order to facilitate the identification or location of property declared forfeited and to facilitate the disposition of petitions for remission or mitigation of forfeiture, after the entry of an order declaring property forfeited to the United States the court may, upon application of the United States, order that the testimony of any witness relating to the property forfeited be taken by deposition and that any designated book, paper, document, record, recording, or other material not privileged be produced at the same time and place, in the same manner as provided for the taking of depositions under Rule 15 of the Federal Rules of Criminal Procedure. (l)(1) Following the entry of an order of forfeiture under this section, the United States shall publish notice of the order and of its intent to dispose of the property in such manner as the Attorney General may direct. The Government may also, to the extent practicable, provide direct written notice to any person known to have alleged an interest in the property that is the subject of the order of forfeiture as a substitute for published notice as to those persons so notified. (2) Any person, other than the defendant, asserting a legal interest in property which has been ordered forfeited to the United States pursuant to this section may, within thirty days of the final publication of notice or his receipt of notice under paragraph (1), whichever is earlier, petition the court for a hearing to adjudicate the validity of his alleged interest in the property. The hearing shall be held before the court alone, without a jury. (3) The petition shall be signed by the petitioner under penalty of perjury and shall set forth the nature and extent of the petitioner's right, title, or interest in the property, the time and circumstances of the petitioner's acquisition of the right, title, or interest in the property, any additional facts supporting the petitioner's claim, and the relief sought. (4) The hearing on the petition shall, to the extent practicable and consistent with the interests of justice, be held within thirty days of the filing of the petition. The court may consolidate the hearing on the petition with a hearing on any other petition filed by a person other than the defendant under this subsection. (5) At the hearing, the petitioner may testify and present evidence and witnesses on his own behalf, and cross-examine witnesses who appear at the hearing. The United States may present evidence and witnesses in rebuttal and in defense of its claim to the property and cross-examine witnesses who appear at the hearing. In addition to testimony and evidence presented at the hearing, the court shall consider the relevant portions of the record of the criminal case which resulted in the order of forfeiture. (6) If, after the hearing, the court determines that the petitioner has established by a preponderance of the evidence that - (A) the petitioner has a legal right, title, or interest in the property, and such right, title, or interest renders the order of forfeiture invalid in whole or in part because the right, title, or interest was vested in the petitioner rather than the defendant or was superior to any right, title, or interest of the defendant at the time of the commission of the acts which gave rise to the forfeiture of the property under this section; or (B) the petitioner is a bona fide purchaser for value of the right, title, or interest in the property and was at the time of purchase reasonably without cause to believe that the property was subject to forfeiture under this section; the court shall amend the order of forfeiture in accordance with its determination. (7) Following the court's disposition of all petitions filed under this subsection, or if no such petitions are filed following the expiration of the period provided in paragraph (2) for the filing of such petitions, the United States shall have clear title to property that is the subject of the order of forfeiture and may warrant good title to any subsequent purchaser or transferee. (m) If any of the property described in subsection (a), as a result of any act or omission of the defendant - (1) cannot be located upon the exercise of due diligence; (2) has been transferred or sold to, or deposited with, a third party; (3) has been placed beyond the jurisdiction of the court; (4) has been substantially diminished in value; or (5) has been commingled with other property which cannot be divided without difficulty; the court shall order the forfeiture of any other property of the defendant up to the value of any property described in paragraphs (1) through (5). -SOURCE- (Added Pub. L. 91-452, title IX, Sec. 901(a), Oct. 15, 1970, 84 Stat. 943; amended Pub. L. 98-473, title II, Sec. 302, 2301(a)-(c), Oct. 12, 1984, 98 Stat. 2040, 2192; Pub. L. 99-570, title I, Sec. 1153(a), Oct. 27, 1986, 100 Stat. 3207-13; Pub. L. 99-646, Sec. 23, Nov. 10, 1986, 100 Stat. 3597; Pub. L. 100-690, title VII, Sec. 7034, 7058(d), Nov. 18, 1988, 102 Stat. 4398, 4403; Pub. L. 101-647, title XXXV, Sec. 3561, Nov. 29, 1990, 104 Stat. 4927.) -REFTEXT- REFERENCES IN TEXT The Federal Rules of Evidence, referred to in subsec. (d)(3), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. -MISC2- AMENDMENTS 1990 - Subsec. (a). Pub. L. 101-647 substituted ''or both'' for ''or both.'' in introductory provisions. 1988 - Subsec. (a). Pub. L. 100-690, Sec. 7058(d), substituted ''shall be fined under this title or imprisoned not more than 20 years (or for life if the violation is based on a racketeering activity for which the maximum penalty includes life imprisonment), or both.'' for ''shall be fined not more than $25,000 or imprisoned not more than twenty years, or both''. Subsecs. (m), (n). Pub. L. 100-690, Sec. 7034, redesignated former subsec. (n) as (m) and substituted ''act or omission'' for ''act of omission''. 1986 - Subsecs. (c) to (m). Pub. L. 99-646 substituted ''(l)'' for ''(m)'' in subsec. (c), redesignated subsecs. (e) to (m) as (d) to (l), respectively, and substituted ''(l)'' for ''(m)'' in subsec. (i) as redesignated. Subsec. (n). Pub. L. 99-570 added subsec. (n). 1984 - Subsec. (a). Pub. L. 98-473, Sec. 2301(a), inserted ''In lieu of a fine otherwise authorized by this section, a defendant who derives profits or other proceeds from an offense may be fined not more than twice the gross profits or other proceeds.'' following par. (3). Pub. L. 98-473, Sec. 302, amended subsec. (a) generally, designating existing provisions as pars. (1) and (2), inserting par. (3), and provisions following par. (3) relating to power of the court to order forfeiture to the United States. Subsec. (b). Pub. L. 98-473, Sec. 302, amended subsec. (b) generally, substituting provisions relating to property subject to forfeiture, for provisions relating to jurisdiction of the district courts of the United States. Subsec. (c). Pub. L. 98-473, Sec. 302, amended subsec. (c) generally, substituting provisions relating to transfer of rights, etc., in property to the United States, or to other transferees, for provisions relating to seizure and transfer of property to the United States and procedures related thereto. Subsec. (d). Pub. L. 98-473, Sec. 2301(b), struck out subsec. (d) which provided: ''If any of the property described in subsection (a): (1) cannot be located; (2) has been transferred to, sold to, or deposited with, a third party; (3) has been placed beyond the jurisdiction of the court; (4) has been substantially diminished in value by any act or omission of the defendant; or (5) has been commingled with other property which cannot be divided without difficulty; the court shall order the forfeiture of any other property of the defendant up to the value of any property described in paragraphs (1) through (5).'' Pub. L. 98-473, Sec. 302, added subsec. (d). Subsecs. (e) to (m). Pub. L. 98-473, Sec. 302, added subsecs. (d) to (m). Subsec. (m)(1). Pub. L. 98-473, Sec. 2301(c), struck out ''for at least seven successive court days'' after ''dispose of the property''. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 2516, 3293, 3554 of this title; title 7 section 12a; title 50 App. section 2410.
From the Desk of Bill Munro
December 1999
December of 1999 was the biggest single achievement in 18 years of the land movement. In December I was involved with two court cases that were for building code violations.
The first one was a federal case, in Detroit, Michigan. Mike Wyckstandt of Goodland Township, Lapeer County, Michigan, was the defendant. That case was December 8, 1999.
The case was very well put together; it was very easy to understand. The case started out with the land patent. Michael was pro se. As he proceded the judge became less interested in what he had to say. In fact the judge was seemingly upset. He interrupted Michaels pleading and made his ruling, to send the case back down to the lower court. Michael did get to ask the Judge where the law is that gives the local political subdivision jurisdiction over the federally patented private land, he stated very clearly, “I don't know”. We have seven witnesses to testify to that. We don't have the transcript yet but it is on order and we will see if it is there. And yet he ruled against Mike. Mike did not get a chance to plead the 42 USCS 1982.
We left the courtroom feeling very bad. We know we did not get our day in court. At this point we did not know what to do next. We stopped on the way home to have something to eat and to discuss what happened in court.
We discussed many things and we realize that we were asking for the entire apple. If the judge had ruled in Mike's favor, all of southeastern Michigan would have been without building codes. And without the huge amount of money that would come into the government coffers.
That would've been too much of a shock on the government to stand.
This does not mean that the land patent is a dead issue, it is well and good and valid. To use the land patent it will work very well when used for a single parcel of land. Like stopping eminent domain. Our government is so out of control that even the courts cannot rectify it.
The other was, a State Court Case. It was in the Oakland County, Michigan, Circuit Court. This case started out Dec. 15th, 1999. This is another pro se case.
This case is Eric Jeffrey v. White Lake Township. He went to the Township to get a permit to rehab his house. He found as he was going along, his house was not sound enough to rehab it. He went back to the Township and asked for assistance in resolving this problem. He had already taken the house back down to the foundation. The Township did not seem to want to work with him to rectify this situation. So he felt it there was only one solution and that was to start building the house without a permit. He was living in an apartment, with limited number of days to live there. The building inspector put a stop work order on the house. Then a court order to stop building on the house, he ignored that too. Then he went to court.
The proceedings started. The prosecutor gave opening statements. He had two code enforcement officers on the witness stand. He asked them several questions about the violation of the building codes. He asked about working on the house with a stop work order from the court.
Then the judge asked her clerk” where are these peoples pleadings”. The clerk told her they were in the office she had forgotten them. The judge then postponed the case for two weeks.
On the 29th of December 1999 he went back to court. Eric went in and sat down in the Docket. The prosecutor got up and gave his pleadings. The judge said a few words and then began to read her opinion. When she was through reading her opinion, she told Eric, to go get a building permit. End of hearing. Eric did not get to say ONE WORD in his defense.
Had Eric had his day in court as he was supposed to get, he was not going to talk about the land patent. He was going to talk about the 42 USCS 1982, 1983 and 1986. Eric knew if the land patent did not go in a federal court it was not going to go in the state court. The civil rights status seems to be something the elected and appointed officials do not want to hear.
All court orders are in writing.
What we have learned is we're going to have to get our rights back in the same manner as they were taken away from us, a little bit at a time. When we are served papers for code violations. We will have to notify the person who signed the papers and their superiors that we will file civil rights violations using the 42 USCS 1982, the 1983 and the 1986. Tell them they will be sued personally and individually. Notify them they are working under color of law and they have no qualified immunity.
Here is how I handle a violation. When the person contacts me with an oral stop work order. I use a civil rights package, consisting of all of the things that are located at:
http://www.landrights.com/42USC1982.htm
I print everything out with the exception of the long cases. If the cases are more than eight pages long, I only use the first eight pages. You have to remember these people are not taught law, so give them all of the court cases and sites and footnotes that are in the 42 USCS 1982, 1983, and 1986. You should put proof of service with all of these documents. If it is possible, set up a meeting to discuss this legal material with their attorney and the head of the department that gave you the warning to stop work. Let them know this is a civil rights violation on their part, and if they persist you will file civil rights violation in the federal court using the material you presented them with.
After a few of these people are sued successfully the government will be hard pressed to get people to serve papers on real and personal property violations.
I live in a house that is 165 years old. I live in a historical district. Any changes to any house or building are suppose to go before the historical district for permission to make any changes.
I do not ask them for permission to do anything. I do not update any construction that I do. I maintain the structure, as it was when it was originally built. To maintain a window, I duplicate the original, to all dimensions. This keeps the house to its original structure. I have a new garage, which was built over the original. The garage is within keeping of the house in its structure. I did not get a permit to tear the old garage down, nor to put the new one up.
I had no inspections on the structure or the electrical. The day we put the tin on the roof, the building inspector drove by, within 25 feet of me, to give the lady in back of me her permit to use her deck, that she got a permit to build. If you have your ducks in a row and they know it, they will leave you alone. Bill Munro Email: land@landrights.com
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