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  • Category Archives Unconstitutional Trespass
  • 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

    ———————————————————————

    FEB 18, 2013

    WDFW Constitutional Trespass?

    WDFW TRESPASS ON PRIVATE PROPERTY

    ———————————————————

    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.

    ——————————————————————————————-

    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.

    ——————————————————————————————–

    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.

    —————————————————————————————————-

    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.

     —————————————————————————————–

     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.”

     ——————————————————————————————-

    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

    —————————————————————————————

    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?

    ———————————————————————————————–

    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?

    —————————————————————————————-

    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.]
    —————————————————————————————-
    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.

    —————————————————————————

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

    ————————————————————————————————————-

    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
    ——————————————————————————

    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

    —————————————————————————

    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.

    ———————————————————————————————–

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

    —————————————————————————————————–

    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.

    ———————————————————————

    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


  • Raisin Hell With SCOTUS

    Raisin Hell With SCOTUS

    Horne v. Department of Agriculture

    SCOTUS Supreme Court, decision, 81

    TAKING RAISINS IS A TAKING

    —————————————————

    SCOTUS  transcript, a 72 page document. 

    Link: Read The Official Transcript

    —————————————————————-

    snippets that mattered

    CHIEF JUSTICE ROBERTS:  ­­ normally what we

    say, if you don’t like regulations, you can challenge

    them in court to see if they comply with the

    Constitution.  The answer ­­ I mean, if the answer is

    always you can do something else, it would seem we

    should ­­ we’ll never have these kinds of cases.     

    ———————————————————      

    JUSTICE SCALIA:  These plaintiffs are ingrates, right?  You’re ­­ you’re ­­ you’re really

    helping them?

    ————————————————————————–

    JUSTICE KENNEDY:  It seems to me what your

    argument is saying, is even if it’s a taking, it’s okay.

    It will be okay.  Everything will work out.  That’s what

    I get from your argument.

    —————————————————————-

    CHIEF JUSTICE ROBERTS:  This ­­ this is a ­­

    a historical quirk that you have to defend.  You could

    achieve your ­­ the government’s objectives, just as you

    do in most other cases, through volume limitations that

    don’t require a physical taking.

    For whatever reason, in the history of the

    New Deal, this one was set up differently.  And so we’re

    here dealing with a classical, physical taking.  We are

    not going to jeopardize the marketing ­­ the Agriculture

    Department’s Marketing Order regime.

    And by the way, it better be the Department

    of Agriculture that takes these ­­ you said earlier it’s

    Raisin Committee ­­ or else you’re going to have a lot

    of trouble in your government speech cases, where you

    always make the point that these committees are, in

    fact, the government.

    —————————————————————–

    MR. KNEEDLER:  We’re not ­­ we’re not saying

    the committee is not the government.  What I was saying

    is that the ­­ that the operation of the program is not

    for the government’s benefit.  It is for the producers’

    benefit.

    ——————————————————————————-

    JUSTICE SCALIA:  You say it’s one little feature of an overall program.  That little feature

    happens to be the taking of raisins.“THIS IS DIFFERENT. You come up with the truck, and you get the shovels, and you take their raisins, probably in the dark of night,” Roberts said.

    ————————————————————————————

    JUSTICE KAGAN: 

    Mr. ­­ Mr. Kneedler, if ­­ I

    largely agree with what the Chief Justice said.

    I mean, just the way I think about this program is that this

    does seem a weird historical anomaly.

    And all ­­ am I right that all the rest of

    these agricultural programs are done differently, such

    that saying that this was a taking would not affect

    other agricultural programs? 

    And ­­ and also, are there any other programs out there

    ­­FORGET AGRICULTURAL PROGRAMS ­­ 

     BUT ARE THERE ANY OTHER PROGRAMS OUT THERE

    THAT WE SHOULD BE CONCERNED ABOUT IF WE WERE TO THINK

    ABOUT THIS AS A TAKING?

     ——————————————————————————

    In response to Justice Kagan  comments and question.

    ­­June 22, 2015  JUSTICE KAGAN: etal.

    FORGET AGRICULTURAL PROGRAMS?

    California’s Drought Could Upend America’s Entire Food …

    thinkprogress.org/…/2015/…/californiadrought-and-agric…

    ThinkProgress

    May 5, 2015 – by Natasha Geiling Posted on May 5, 2015 at 8:00 am … That’s a historic low for a state that has become accustomed to breaking drought records. … “When you look at the California drought maps, it’s a scary thing,” Craig …

    —————————————————————————

    JUSTICE KAGAN:  etal. ARE THERE ANY OTHER PROGRAMS OUT THERE

    THAT WE SHOULD BE CONCERNED ABOUT IF WE  DECIDE

     THAT THIS IS A TAKING?

     ——————————————————————

    TAKING PUBLIC WATER FOR FISH?

     The Man-Made California Drought – House Committee on …

    naturalresources.house.gov/…/issu…

    United States House of Representatives

    California’s water storage and transportation system designed by federal and … protecting the Delta smelt – a three-inch fish on the Endangered Species List.

    ———————————————————————–

    Endangered Species Act – U.S. Fish and Wildlife Service

    www.fws.gov/endangered/laws-p…

    United States Fish and Wildlife Service

    Jul 15, 2013 – When Congress passed the Endangered Species Act (ESA) in 1973

    ————————————————————————————–

    JUSTICE KAGAN: etal. BUT ARE THERE ANY OTHER PROGRAMS OUT THERE

    THAT WE SHOULD BE CONCERNED ABOUT IF WE DECIDE THAT THIS IS A TAKING?

    ——————————————————————-

    The Man-Made California Drought – House Committee on …

    naturalresources.house.gov/…/issu…

    California’s San Joaquin Valley is the salad bowl of the world, providing the majority of fruits and vegetables for the entire nation. But, with another man-made drought looming, the San Joaquin Valley is in danger of becoming a dust bowl unless immediate action is taken to CHANGE POLICIES THAT PUT THE NEEDS OF FISH ABOVE THE LIVELIHOOD OF PEOPLE.

    House Republicans have a bipartisan, comprehensive solution to end future man-made droughts, bring job and water supply certainty to the Sacramento and San Joaquin Valleys in California and decrease reliance on foreign food sources.

    Get the Facts:

      California’s water storage and transportation system designed by federal and state governments includes 1,200 miles of canals and nearly 50 reservoirs that provide water to about 22 million people and irrigate about four million acres of land throughout the state.

      In May 2007, a Federal District Court Judge ruled that increased amounts of water had to be re-allocated towards protecting the Delta smelt – a three-inch fish on THE ENDANGERED SPECIES LIST.

      BECAUSE OF THIS RULING, IN 2009 AND 2010 MORE THAN 300 BILLION GALLONS (OR 1 MILLION ACRE-FEET) OF WATER WERE DIVERTED AWAY FROM FARMERS IN THE CENTRAL VALLEY AND INTO THE SAN FRANCISCO BAY – eventually going out into the Pacific Ocean.

      This man-made drought cost thousands of FARM WORKERS their jobs, inflicted up to 40 percent unemployment in certain communities, AND FALLOWED HUNDREDS OF THOUSANDS OF ACRES OF FERTILE FARMLAND.

      Unemployment remains at a regional average of 17%. With current precipitation at near-record lows, the same regulations will be imposed pushing unemployment even higher.

    ————————————————————————————-

    ­­ JUSTICE KAGAN:  etal. FORGET AGRICULTURAL PROGRAMS?

    May 5, 2015

    California’s Drought Could Upend America’s Entire Food …

    thinkprogress.org/…/2015/…/californiadrought-and-agric…

    ­­

     

    JUSTICE KAGAN: BUT ARE THERE ANY OTHER PROGRAMS OUT THERE

    THAT WE SHOULD BE CONCERNED ABOUT IF WE WERE DECIDE THAT

    THIS IS A TAKING?

    —————————————————–

    SCOTUS Supreme Court, decision, 81

    TAKING RAISINS IS A TAKING

    ARE THERE ANY OTHER PROGRAMS OUT THERE

    THAT WE SHOULD BE CONCERNED ABOUT IF WE DECIDE

    THAT THIS IS A TAKING?

    —————————————–

    WOW, Great question, how many more lawsuits on Government TAKING programs will this create?

    ANY OTHER PROGRAMS?  THIS IS JUST THE TIP OF THE ICEBERG ON GOVERNMENT TAKINGS

    To ensure a separation of powers, the U.S. Federal Government is made up of three branches: legislative, executive and judicial. To ensure the government is effective and citizens’ rights are protected, each branch has its own powers and responsibilities, including working with the other branches.

    Link: Read The Official Transcript


  • No Trespass on Private Property

    Criminal Trespass on Private Property?

    House Bill 1375: Concerning criminal trespass on private property
    Introduced by Rep. David Taylor (Moxee) (R) on January 19, 2015, For Bill Information, please click HERE.

    It is the intent of the legislature to eliminate special immunities from prosecution for trespass, whether those immunities have been legislatively granted to the government or to private persons or entities.

     Keep reading, you’ll love it…

    —————————————————————————————

    http://www.washingtonvotes.org/Legislation.aspx?ID=166654

    HOUSE BILL 1375(A 76 page document)

    State of Washington

    64th Legislature

    2015 Regular Session

    By Representatives Taylor, Scott, Young, G. Hunt, Shea, and Buys

    Read first time 01/19/15. Referred to Committee on State Government

    BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

    NEW SECTION.

    Sec. 1.

    The legislature declares that the people of this state have a right to a reasonable expectation of privacy on their private property.

    ——————————–

    snippet from

    Presumed to be Constitutional?

    Posted on October 21, 2014 7:57 am by Pearl Rains Hewett Comment

     (read more at behindmyback.org)

    This is WA State Law RCW 77.12.154

    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.

    ———————————————

    House Bill 1375

    The legislature finds, however, that over time statutory authority for entry onto private property HAS EXPANDED TO THE POINT WHERE THE PEOPLE NO LONGER FEEL SECURE from the unreasonable intrusion of government officials and others who have been granted special immunity from prosecution for trespass.

    ———————————–

    snippet from Presumed to be Constitutional

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

    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?

    ————————————————–

    House Bill 1375

    The legislature further finds that this unnecessary erosion of the right of privacy creates dangerous tension between the people of the state and their government and jeopardizes the orderly resolution of issues.

    The legislature intends, with certain limited and necessary exceptions, that all persons, whether government employees or private persons, be made subject to the same restrictions with regard to entering upon the property of another. It is the intent of the legislature to eliminate special immunities from prosecution for trespass, whether those immunities have been legislatively granted to the government or to private persons or entities.

    —————————————-

    (5) “Enters or remains unlawfully.” A person “enters or remains unlawfully” in or upon premises when he or she is not then licensed, invited, or otherwise privileged to so enter or remain or unless notice is given by posting in a conspicuous manner.

    ———————————-

    A license or privilege to enter or remain on improved and apparently used land that is open to the public at particular times, which is neither fenced nor otherwise enclosed in a manner to exclude intruders, IS NOT A LICENSE OR PRIVILEGE TO ENTER OR REMAIN ON THE LAND

     read the complete text at..

    http://www.washingtonvotes.org/Legislation.aspx?ID=166654

    HOUSE BILL 1375 (A 76 page document)

     


  • Presumed to be Constitutional?

    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.

    ——————————————————————————————-

    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.

    ——————————————————————————————–

    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.

    —————————————————————————————————-

    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.

     —————————————————————————————–

     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.”

     ——————————————————————————————-

    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

    —————————————————————————————

    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?

    ———————————————————————————————–

    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?

    —————————————————————————————-

    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.]
    —————————————————————————————-
    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.

    —————————————————————————

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

    ————————————————————————————————————-

    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
    ——————————————————————————

    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

    —————————————————————————

    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.

    ———————————————————————————————–

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

    —————————————————————————————————–

    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
    (the Rains Sr. Trust owns the water rights on that stream)

    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.

    During that phone conversation, I asked him if, when and where other mappings of Rains Sr. Trust shorelines, rivers, creeks and streams had been done.
    I asked him specifically about, the Dungeness River, Seiberts Creek, Bagley Creek and the Indian Valley Stream. His answer was, yes they had all been mapped by the DFW.

    During our phone conversation on 4/23/10 I requested copies of the results for the unnamed stream a tributary of Lake Sutherland that DFW trespassed on and the unnamed stream a tributary of Indian Creek (the Rains Sr. Trust owns water rights on that stream)

    Dave Collins WSDOT said he would send me copies of the reports when they had the results.

    6. A copy of my email to Penny Warren DWF on 2/02/11 and her response.
    WHY AFTER NEARLY A YEAR I HAD NOT RECEIVED THE REPORTS FROM DAVE COLLINS?

    7. A copy of Penny Warren’s email’s dated 2/03/11
    Indicating that Dave Collins WSDOT, had the reports for Lake Sutherland and Indian Valley and would send them to me on 2/03/11.

    8. I received the DWF 1 1/2 inch report on 02/05/11. The report covers all tributaries to the Elwha River starting at Lake Sutherland.
    On Monday or Tuesday I will get an overlay transparency for the 2 self-incriminating maps provided by Dave Collins WSDOT to show how many criminal trespasses occurred by DFW and DOT on Rains Sr. and Stratton Trust land in 2010.

    I forgot to mention streams or water on the Bolster and Longfellow’s property, but fortunately for me, both properties are on the DFW maps.

    The Stratton Trust owns 1/2 of Bolster, 1/4 of Indian Valley and 1/4 of Longfellow property. and should be involved in the criminal complaint, filing of charges and putting pressure on Clallam County Commissioners and Prosecuting Attorney Deb Kelly to enforce State law.

    ———————————————————————————————–

    The age of innocence…. In the beginning…

    APRIL 21, 2010    The  American Citizens were fearful of the trespassers, and they raised the alarm.

    Phone calls were made…  Blame was placed on the adjacent land owner. “What are you doing?”

    “Why are you throwing things in my only source of drinking water?”

    My response, “Those  trespasser  are trespassing on our private property. I don’t have a clue who they are.”

    When the trespasser were questioned they said they were from the state.

    I called a state employee,  and asked “Who are these state employees that are trespassing  on our private property?”

    She did not know. She called me back two hours later, and identified the trespassers. Indeed they were state employees, knowingly trespassing on private property, without the owner’s permission, without probable cause and without a search warrant.

    On  APRIL 21, 2010   my investigation and documentation started…

    TO BE CONTINUED…

    Oct. 21, 2014 Pay Attention to Thomas Jefferson

     “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.”

     ———————————————————————–

     Experience hath shewn, that even under the best forms of government those entrusted with power have, in time, and by slow operations, perverted it into tyranny.

     

    “Educate and inform the whole mass of the people… They are the only sure reliance for the preservation of our liberty.”


  • WA Legislated as Non-Liable?

    “WHO IS RESPONSIBLE FOR THIS NON-LIABLE LEGISLATION?”

    WHEN BY WA STATE LAW NO ONE WILL BE HELD LIABLE?

    My question will be :”Who WILL be held liable?”

    My question will be “How long will they be held liable?”

    HB 1194 not be held civilly liable
    SSB 5031 Activities that typically cause damage are those that occur at the beginning of construction projects.
    Substitute Senate Bill No. 5031 statute of limitations
    House Bill 1416 no liability for damages caused by or resulting from negligent acts or omissions
    RCW 77.12.154 without liability for trespass

    ———————————————————————————–

    HB 1194 STATUS: Apr 3 LAW – Majority; do pass with amendment(s). Passed to Rules Committee for second reading.

    HB 1194 This bill states the landowner whose land is used for a locally approved HABITAT PROJECT may not be held civilly liable for any property damages resulting from the project.

    Maybe Senator Hargrove can explain the pros and cons of such legislative action before this is passed from Rules to the Senate floor, maybe Representative Tharinger can explain since he is a co-sponsor of the bill. I wouldn’t particularly expect the representative from Bothell to be aware of the impacts citizens in rural floodplain areas have to contend with; government infrastructure isn’t present to provide the protections and it’s left to the property owner. But I would expect Representative Tharinger to be aware and represent the burden this creates.

    My question will be who WILL be held liable? Along with who will be held liable for such projects that create floodways that extend onto private property downstream that does damage to property, and creates more critical area restrictions/shoreline management setbacks for those property owners that never had the right to due process, to have their say to show potential liability, for such a project? To wake up one day and see the affects of such a project as a new floodway is created across one’s property and be left with “Now what do I do?”. With this legislation that property owner will be left with the citizen figuring out who is liable because the neighbor will then be the innocent partner.
    ———————————————————————–

    HB 1194 THIS BILL STATES THE LANDOWNER WHOSE LAND IS USED FOR A LOCALLY APPROVED HABITAT PROJECT MAY NOT BE HELD CIVILLY LIABLE FOR ANY PROPERTY DAMAGES RESULTING FROM THE PROJECT.

    ————————————————————

    SSB 5031

    Activities that typically cause damage are those that occur at the beginning of construction projects.

    Summary of Substitute Bill: An action for damage to real property resulting from construction, alteration, or repair on an adjacent property, whether alleging negligence, strict liability, trespass, or any other cause of action, must be commenced within three years after the property owner first discovered or reasonably should have discovered the damage.
    ———————————————————————

    House Bill 1416 The provision specifies that any contract, covenant, promise, agreement, or understanding purporting to

    indemnify (to provide somebody with protection, especially financial protection, against possible loss, damage, or liability)

    against liability for damages caused by or resulting from negligent acts or omissions of the U.S., its employees, or agents is not enforceable unless expressly authorized by state law.
    ——————————————————————————–

    Substitute Senate Bill No. 5031 Brief History: Background: The statute of limitations for an action regarding waste or trespass upon real property or for injuring personal property is three years.
    ———————————————————————————–
    RCW 77.12.154 Right of Entry WDFW employees may enter upon any land or waters and remain there while performing their duties without liability for trespass.
    ———————————————————————————–
    Habitat Projects – Liability Protection for Landowners
    HB 1194, sponsored by Rep. Derek Stanford (D-Bothell), provides clear protection in law for landowners whose property is used to construct a habitat project. Large trees and stumps are commonly used in habitat projects, and sometimes break loose during flood events and carried downstream. Landowners have expressed concerns over the liability generated by these projects.

    This bill states the landowner whose land is used for a locally approved habitat project may not be held civilly liable for any property damages resulting from the project.

    It also requires identification markers (LIKE # 5000 ON THE ELWHA RIVER) to be attached to the large trees and stumps used in the project to help identify who the project sponsor was in cases where the material breaks free and causes damage to other landowner’s property.

    SSB 5031
    Activities that typically cause damage are those that occur at the beginning of construction projects.
    ———————————————————————————–
    DESTRUCTIVE MANMADE LOG JAMS AND LARGE WOODY DEBRIS
    Large trees and stumps are commonly used in HABITAT PROJECTS, and sometimes break loose during flood events and carried downstream.

    PUGET SOUND NEARSHORE ECOSYSTEM RESTORATION PROJECT
    http://wagda.lib.washington.edu/data/geography/wa_state/wageol/metadata/PSNERP%20CA%20GEOSPATIAL%20METHODOLOGY.pdf

    A 347 PAGE RESTORATION PLAN ON PUGET SOUND
    How many NON-LIABLE destructive logjam habitat projects will this create in WA State under HB 1194?
    Prepared for
    U.S. Army Corps of Engineers, Seattle District
    and Washington State Department of Fish and Wildlife
    Prepared In Support of Puget Sound Nearshore Partnership
    Scope and Definitions
    The PSNERP GI study area includes the entire portion of Puget Sound, and the Straits of Juan deFuca and southern Strait of Georgia that occur within the borders of the United States; data is also acquired for water shed drainage areas of Puget Sound rivers that extend into Canada.

    ———————————————————————————–
    SENATE BILL REPORT
    SSB 5031
    As Passed Senate, March
    13, 2013
    Title: An act relating to actions for damage to real property resulting from construction,alteration, or repair on adjacent property.
    Brief Description: Concerning actions for damage to real property resulting from construction, alteration, or repair on adjacent property.
    Sponsors: Senate Committee on Law & Justice (originally sponsored by Senator Padden).

    Substitute Senate Bill No. 5031 Brief History: Background: The statute of limitations for an action regarding waste or trespass upon real property or for injuring personal property is three years.

    Activities that typically cause damage are those that occur at the beginning of construction projects.

    Committee Activity:
    Law & Justice: 1/25/13, 2/20/13 [DPS].
    Passed Senate: 3/13/13, 45-4.

    ———————————————————————————–
    House Bill 1416: Regarding the financing of irrigation district improvements
    Amendment offered in the Senate on April 2, 2013, adds a provision regarding transfer of federal reclamation project works. The provision specifies that any contract, covenant, promise, agreement, or understanding purporting to indemnify against liability for damages caused by or resulting from negligent acts or omissions of the U.S., its employees, or agents is not enforceable unless expressly authorized by state law.
    ———————————————————————————–
    RCW 77.12.154 Right of Entry
    WDFW employees may enter upon any land or waters and remain there while performing their duties without liability for trespass.
    Without your permission, without probable cause and without a search warrant.
    THIS IS WA STATE LAW AND THIS IS CONSTITUTIONAL?
    ———————————————————————————–

    SENATE COMMITTEE ON LAW & JUSTICE
    Majority Report: hat Substitute Senate Bill No. 5031 be substituted there for, and the substitute bill do pass.
    Signed by Senators Padden,
    Chair; Carrell, Vice Chair; Kline, Ranking Member;
    Darneille, Kohl-Welles,
    Pearson and Roach.
    Staff: Aldo Melchiori (786-7439)
    Background: The statute of limitations for an action regarding waste or trespass upon real property or for injuring personal property is three years.
    The Supreme Court of Washington held, in Vern J. Oja and Assoc. v. Washington Park Towers, Inc., that the cause of action for damages caused by pile driving activity on an adjacent property accrued when the building was completed. The court found that the person claiming damages was entitled to wait until completion of the construction project before commencing an action so that the full extent of the damages could be determined. Summary of Substitute Bill: An action for damage to real property resulting from construction, alteration, or repair on an adjacent property, whether alleging negligence, strict liability, trespass, or any other cause of action, must be commenced within three years after the property owner first discovered or reasonably should have discovered the damage.
    Appropriation: None.
    ––––––––––––––––––––––
    This analysis was prepared by non-partisan legislative staff for the use of
    legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.
    Senate Bill Report SSB 5031- 1 –

    Fiscal Note: Not requested.
    Committee/Commission/Task Force Created:
    No. Effective Date: Ninety days after adjournment of session in which bill is passed. Staff Summary of Public Testimony on Original Bill:
    PRO: Many large projects take eight years or more to complete. If the statute of
    limitations allows the person to wait until the construction is completed, the subcontractor who did the damage could be gone. Activities that typically cause damage are those that occur at the beginning of construction projects. The change would avoid the court’s extension of the statute of limitations beyond what is reasonable.
    Persons Testifying: PRO: Loren Armstrong, Sound Transit.
    ———————————————————————————–


  • WDFW Constitutional Trespass?

    WDFW TRESPASS ON PRIVATE PROPERTY

    RCW 77.12.154 Right of Entry

    WDFW employees may enter upon any land or waters and remain there while performing their duties without liability for trespass.

    WDFW CAN ENTER UPON YOUR PRIVATE PROPERTY ANYTIME AND REMAIN THERE WITHOUT LIABILITY
    FOR TRESPASS
    Without your permission, without probable cause and without a search warrant.

    AND THIS IS CONSTITUTIONAL?

    ————————————————————————————

    Some guy named Dave wrote the following, in a know it all fashion,
    For some reason, some folks seem to think that wildlife officers are jack-booted tyrants running rough-shod over the perception that some folks have that they can hunt, fish, cut timber, and destroy public lands as they see fit. They hate it when they get caught and the officer becomes the focal point of their tirade. Having worked in that arena for 30 years, I fully support full police authority for WDFW, DNR (soon to become WDFW) officers and State Park officers.

    ——————————————————————————————

    WHY WOULD ANYONE THINK THAT WILDLIFE OFFICERS ARE JACKBOOT TYRANTS?

    DEFINITION OF JACKBOOT
    Harsh treatment, Military or other rule that is characterized by cruelty, oppression, or arbitrary aggression

    WHEN IT CAN BE DOCUMENTED THAT THEY ARE?

    THINK ABOUT THIS
    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 is gone…. what should you do?

    IT HAPPENED TO MY SISTER – 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?

    —————————————————————————–
    HERE IS THE REST OF THE DOCUMENTED WDFW TRESPASS HISTORY
    THIS IS WHAT YOU CAN DO?

    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
    ——————————————————————————

    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). Continue reading 


  • Who Am I ?

    Someone asked me to put something “about me” on this web site

    Who am I?
    My critics ask, “Who do you think you are?”

    Why did I get involved?
    Two years ago, Jan 26 , 2011 I went to the first (by invitation only) meeting on the Clallam County WA SMP Update.

    Eight or ten people from Lake Sutherland showed up, uninvited, because they were afraid of what the Government was going to do to them.

    “I said “SOMEBODY should do something about that.” Then I realized I am SOMEBODY.

    I called and emailed my elected representatives (NO RESPONSE)

    I made a formal comment at a Clallam County Commissions meeting at a later date.

    “When American Citizens are afraid of what the government is going to do to them, that is unacceptable to me.” It was quoted in the Port Angeles Daily News. (also see PDN Access Denied)

    Later, I made another comment at a Commissioners meeting, “If the fear of 300 families that live on Lake Sutherland can’t get your attention or a response? How many people would it take?

    After the meeting, a commissioner suggested, that if I didn’t like the way thing were being done, I should volunteer to be on the Clallam County Shoreline Update Committee.

    I was appointed to that committee.

    I have been researching, documenting and disseminating my comments for over two years, Jan 26, 2011 – Feb 4, 2013.

    I have made over 100 documented, posted, public comments on the Clallam County Shoreline website (available online).

    I am actively opposing the appointed DOE Dungeness Water Rule, the appointed federal, Wild Olympics and Wild and Scenic Rivers.

    I am Pearl Rains Hewett Trustee of the George C. Rains Sr. Estate.
    I have 10 grandchildren and 6 great grandchildren (I fear for their future)

    Who am I?
    Who do you think you are?

    “I am SOMEBODY”

    And, as an “AMERICAN SOMEBODY”, I am doing something about that.

    Our Elected Officials
    LAKE SUTHERLAND THEIR PROBLEMS IN DETAIL Continue reading