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Violating Private Property Rights

THERE’S NO CONSTITUTIONAL RIGHT TO TRESPASS ON PRIVATE LANDS.

Federal judge dismisses challenge to Wyoming trespassing law

“The ends, no matter how critical or important to a public concern, do not justify the means, violating private property rights,” U.S. District Judge Scott Skavdahl wrote….

By BEN NEARY Associated Press Updated Jul 7, 2016

CHEYENNE — A federal judge has dismissed a lawsuit from groups that challenged Wyoming laws prohibiting trespassing on private lands to collect data.

Groups including the Western Watersheds Project, the Natural Resources Defense Council and the National Press Photographers Association sued Wyoming last year.

The groups claimed state laws prohibiting trespassing to collect data were unconstitutional. The groups said the laws, which allowed both civil penalties and criminal prosecution, would block people from informing government regulators about such things as violations of water quality rules and illegal treatment of animals.

U.S. District Judge Scott Skavdahl of Casper dismissed the groups’ lawsuit Wednesday, ruling there’s no constitutional right to trespass on private lands.

“The ends, no matter how critical or important to a public concern, do not justify the means, violating private property rights,” Skavdahl wrote.

Skavdahl last winter expressed concerns about earlier versions of the laws, which the Wyoming Legislature had passed early last year. The earlier versions sought to prohibit collection of data on “open lands,” a term Skavdahl said could be stretched to cover more than just private property.

In response to Skavdahl’s criticism, the Wyoming Legislature earlier this year revised the laws to specify they only applied to trespassing to collect data on private lands.

Gov. Matt Mead on Thursday said he was pleased with Skavdahl’s dismissal of the groups’ lawsuit.

“There has been a lot of misinformation about the intent of this law,” Mead said. “The judge’s ruling affirms that the issue at the heart of the matter is preserving private property rights — a fundamental right in our country.”

David Muraskin, a lawyer representing Western Watersheds and the National Press Photographers Association, said Thursday that his clients are disappointed with Skavdahl’s ruling and are considering whether to appeal.

Federal judge dismisses challenge to Wyoming trespassing law

trib.com/…/federaljudgedismisseschallenge-to-wyomingtrespa

Casper Star‑Tribune 2 days ago – CHEYENNE, Wyo. (AP) — A federal judge has dismissed a lawsuit challenging Wyoming laws that prohibit trespassing on private lands to

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FEB 18, 2013

WDFW Constitutional Trespass?

WDFW TRESPASS ON PRIVATE PROPERTY

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OCT 21, 2014

Behind My Back | Presumed to be Constitutional?

www.behindmyback.org/2014/10/21/presumed-to-be-constitutional/

Oct 21, 2014 – This is the PRESUMED law of the LAND in WA STATE. Goggle it for … This is PRESUMED TO BE CONSTITUTIONAL BY THE AG. You live in …

Presumed to be Constitutional?

This is WA State Law RCW 77.12.154

These “STATE  EMPLOYEES” may enter upon “ANY LAND” or waters and remain there while performing their duties without liability for trespass.

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The US Government has taken the position that they can do anything that they want, where ever they want whenever they want. Remember the Olympic Peninsula Electronic Warfare Project? And, they got away with it until “We the People” demanded Due Process.

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Who Knew? About this is WA State Law RCW 77.12.154

It took me two months, with the help of an attorney,  to find this  WA State Law, it was buried under the  “Right of entry”  Aircraft operated by department.

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When I told people about the law, they wouldn’t believe me. They said

They can’t do that on my “PRIVATE PROPERTY” without my permission, without probable cause, without a search warrant.

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 You want to bet the government can’t do it on your private property?

I have the documentation of hundreds of these incidences.

In fact it is documented that FROM APRIL 21, 2010   TO FEB. 5, 2011 WDFW did knowingly trespass on every piece of private property AROUND LAKE SUTHERLAND, And on every piece of private property from Lake Sutherland down and on both sides of Indian Creek to the Elwha River.

 Indeed, They have been doing it and they are going to keep doing it, and keep doing  it until “We the People” demanded Constitutional Due Process.

“The two enemies of the people are criminals and government, so let us tie the second down with the chains of the Constitution so the second will not become the legalized version of the first.”

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This is the PRESUMED law of the LAND in WA STATE.
Goggle it for yourself…
CHAPTER 77.12 RCW POWERS AND DUTIES

 THE 2011 Response from WA State Attorney General’s office
ANY RCW, LAW PASSED BY WA STATE LEGISLATORS IS PRESUMED TO BE CONSTITUTIONAL

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THINK ABOUT THIS?

When They Came In WA. State

This is  PRESUMED TO BE CONSTITUTIONAL BY THE AG

You live in an isolated area…. on 20 acres of private property…you are home alone…. you are a senior citizen… your husband is gone….you look out your kitchen window…… there is a strange man walking around in your back yard…. he has walked several blocks into your private property, on your private road…
With your husband gone…. what should you do?

IT HAPPENED TO MY (removed for privacy)   WHAT DID SHE DO?

SHE OWNS A GUN…

She went outside and confronted the TRESPASSER. “This is private property” “What are you doing here?”

The strangers response (he did not identify himself) was “I just wanted to see where this stream came from.”

She told him, “This is private property” and asked him to get off of her land.

So if you see some unknown guy, anytime, anywhere, A TOTAL stranger wandering around and trespassing IN YOUR BACKYARD, on your private property?

Without your permission, without probable cause and without a search warrant?

WHAT WILL YOU DO?

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THIS IS PRESUMED TO BE CONSTITUTIONAL?

WA STATE EMPLOYEES? that do not wear a uniform? do not identify themselves? use your private road for access,  go sniffing  around in their official capacity, inspecting your 20 acres of private property, and  invading your privacy  in your own  back yard?

This is the PRESUMED law of the land in WA STATE? AND AMERICA?

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PRESUMED TO BE CONSTITUTIONAL?

RCW 77.12.154
Right of entry
— Aircraft operated by department.
The director, fish and wildlife officers, ex officio fish and wildlife officers, and department employees may enter upon ANY LAND or waters and remain there while performing their duties without liability for trespass.

It is lawful for aircraft operated by the department to land and take off from the beaches or waters of the state.
[1998 c 190 § 71; 1983 1st ex.s. c 46 § 19; 1955 c 12 § 75.08.160. Prior: 1949 c 112 § 13; Rem. Supp. 1949 § 5780-212. Formerly RCW 75.08.160.]
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WA State law RCW77.12.154
WDFW employees may enter upon ANY LAND or waters and remain there while performing their duties without liability for trespass.

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THE 2011 Response from WA State Attorney General’s office
ANY RCW LAW PASSED BY WA STATE LEGISLATORS IS PRESUMED TO BE CONSTITUTIONAL

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And, When THEY Came  to Clallam County In WA State.

This is the documented chronological order of the CLALLAM COUNTY TRESPASS

PART (1)  FROM APRIL 21, 2010   TO FEB. 5, 2011 AND WHAT I DID

DOCUMENT… DOCUMENT… DOCUMENT…

In fact documented, in 2010, WDFW did trespass on every piece of property AROUND LAKE SUTHERLAND, And on every piece of private property from Lake Sutherland down and on both sides of Indian Creek to the Elwha River
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Sent: Saturday, February 05, 2011 6:38 PM
Subject: UPDATE ON CRIMINAL TRESPASS CHARGES

I have the following as evidence of, under Washington State RCW criminal trespass by the Dept. of fisheries and the Dept. of Transportation,

1. A phone call on 4/21/10 from John Marrs at Lake Sutherland, asking me about the two trespassers on the Rains Sr. Trust land.
When they were asked, who they were, they identified themselves as DFW employees. (My journals have been kept since 1999 and are admissible in court).

2. A copy of my email date 4/21/10 to Penny Warren at the DFW regarding the trespassers.

3. Penny Warrens DFW return e-mail to me regarding the trespassers on Rains Sr. Trust land dated 4/21/10, indicating that they were DFW employees, under contract by the DOT. She gave me the phone number for Dave Collins.

4. A documented phone message left for Dave Collins WSDOT on 4/21/10 requesting that he call me.(my journals)

5. A documented phone call from on 4/23/10 from Dave Collins WSDOT admitting that, (My journals) THE WSDOT WAS INSPECTING THE CULVERTS ON HIGHWAY 101 FOR FISH PASSAGE

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10/20/14 Added for clarification

 RCW 77.12.755

Ranked inventory of fish passage barriers.

In coordination with the department of natural resources and lead entity groups, the department

MUST ESTABLISH A RANKED INVENTORY OF FISH PASSAGE BARRIERS ON LAND OWNED BY SMALL FOREST LANDOWNERS

based on the principle of fixing the worst first within a watershed consistent with the fish passage priorities of the forest and fish report.

THE DEPARTMENT SHALL FIRST GATHER AND SYNTHESIZE ALL AVAILABLE EXISTING INFORMATION ABOUT THE LOCATIONS AND IMPACTS OF FISH PASSAGE BARRIERS IN WASHINGTON.

This information must include, but not be limited to, the most recently available limiting factors analysis conducted pursuant to RCW 77.85.060(2), the stock status information contained in the department of fish and wildlife salmonid stock inventory (SASSI), the salmon and steelhead habitat inventory and assessment project (SSHIAP), and any comparable science-based assessment when available.

The inventory of fish passage barriers must be kept current and at a minimum be updated by the beginning of each calendar year.

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My comment UNDER THE INTERAGENCY CONTRACT BETWEEN WSDOT AND WDFW, WDFW WAS CONTRACTED TO REPEAT THESE TRESPASSES EVERY YEAR FOR 10 YEARS.

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NOTHING IN THIS SECTION GRANTS THE DEPARTMENT OR OTHERS ADDITIONAL RIGHT OF ENTRY ONTO PRIVATE PROPERTY.

[2003 c 311 § 10.]

Notes:Findings — Effective date — 2003 c 311: See notes following RCW

Active Interagency Agreements – Washington Department of …

wdfw.wa.gov/…/contracts/i

Washington Department of Fish and Wildlife

Jun 1, 2014 – 14-1109. 2014 WDFW-Quileute MOU Forage Fish … 10-1040.

Anadromous Fish Agreement & Habitat Conservation Plan …

Beaver Creek Intake Passage & Screening Construction …..

Data Sharing Agreement Between DOL & DFW ….. MOA w/WSDOT

on Hydraulic Projects, Fish Passage, CED Program.  

Continuing, the call on 4/23/10 from Dave Collins WSDOT admitting that,

yes, they were DFW employees,
yes, they were doing the mapping under contract to the DOT,
yes, they were mapping our unnamed stream/tributary into Lake Sutherland.
yes, they had put a biodegradable white tape in our stream,
yes, they had taken water samples….

When I asked Dave Collins WSDOT why as Trustee of the Rains Sr. Trust I had not been contacted for permission?

Why DFW was not required to notify and get permission like Skagit County?

His response was, “Well, we can’t just contact/notify every little land owner”.

I informed him that on 4/21/10 DFW was trespassing on 291 acres of Rains Sr. Trust land.

Read the full text on behind my back.org.

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The bottom line…

THERE’S NO CONSTITUTIONAL RIGHT TO TRESPASS ON PRIVATE LANDS.

“The ends, no matter how critical or important to a public concern, do not justify the means, violating private property rights,” U.S. District Judge Scott Skavdahl wrote….

By BEN NEARY Associated Press Updated Jul 7, 2016

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