Armed Militia Takes Over Malheur National Wildlife Refuge HQ

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dirtbag

climber
Sep 14, 2016 - 10:20am PT
Hyperbole much?
Jon Beck

Trad climber
Oceanside
Topic Author's Reply - Sep 14, 2016 - 10:37am PT
The TapeWorm gets it wrong again
thebravecowboy

climber
The Good Places
Sep 14, 2016 - 10:39am PT

you guys getting out much to enjoy our federally-managed public lands lately?

I am, and I sure like it that private property doesn't dominate the big open spaces near where I live. Easements and public access thoroughfares in the eastern US sure would help with the monotonous drape of private property back that way, IMO.
Gary

Social climber
Desolation Basin, Calif.
Sep 14, 2016 - 10:46am PT

Oh yes, better yet let's just finish the job and take away any and all private landowner rights. Eh, Comrade?

If I were asked to answer the following question: What is slavery? and I should answer in one word, It is murder!, my meaning would be understood at once. No extended argument would be required to show that the power to remove a man's mind, will, and personality, is the power of life and death, and that it makes a man a slave. It is murder. Why, then, to this other question: What is property? may I not likewise answer, It is robbery!, without the certainty of being misunderstood; the second proposition being no other than a transformation of the first?
-- Proudhon
Escopeta

Trad climber
Idaho
Sep 14, 2016 - 11:36am PT
Hyperbole much?

Funny how its only Hyperbole when its not your land they are looking to trespass on.
August West

Trad climber
Where the wind blows strange
Sep 14, 2016 - 02:47pm PT
Well, shoot, maybe if I humped enough supplies back up into in Black Velvet Canyon and camped out long enough I could eventually own the place. And who knows, maybe this is the true intent behind PTPP's epic wall occupations.

You can have Black Velvet. I've got dibs on Yosemite.
August West

Trad climber
Where the wind blows strange
Sep 14, 2016 - 02:49pm PT
I wonder what the price tag(the whole shebang, law enforcement, legal, subsidies, etc. etc) of this whole cowpoke venture is going to be to the taxpayers and locals at all levels? I haven't seen a tally yet.

Huge. One of the biggest monetary costs of crime is prosecuting, public defender, and locking up people. Not sure that there is a good alternative.
Escopeta

Trad climber
Idaho
Sep 14, 2016 - 06:44pm PT
Cut them off from the snack dealers?
survival

Big Wall climber
Terrapin Station
Sep 14, 2016 - 07:48pm PT
So, are they getting to wear their fancy "snacking out" boots in court or what?
Fritz

Social climber
Choss Creek, ID
Sep 14, 2016 - 08:54pm PT
Another interesting day in court.

Lots more at the Oregon live link.


http://www.oregonlive.com/oregon-standoff/2016/09/two_contrasting_portraits_of_r.html

BASE104

Social climber
An Oil Field
Sep 15, 2016 - 10:06am PT
Adverse possession (aka "Squatter's Rights") is an important real property law matter. I had to learn about it in an Oil and Gas Law class (which is mainly real property law). Real property is typically things such as land or stock in companies. You have to be over 18 to own either.

Personal property is everything else. Your car, your belongings, your money, etc.

It comes from English Common Law, as do many of our other property laws.

It typically works like this: Farmer Jones has a fence on his land, but it was incorrectly placed, say 100 feet over the property line on Farmer Smith's land. It has to be open, notorious, and continuous for a period of time. After which, unless Farmer Smith gives notice to Farmer Jones, or they arrive at some agreement, ownership of that land ends up in the hands of Farmer Jones automatically.

The time period varies by state, but the minimum is usually at least 12 years.

This typically applies to boundary disputes. Where the fence is. If the Adverse Possessor doesn't own an adjacent property, and is "squatting," the law doesn't apply in most states.

Public land isn't subject to adverse possession, so since the Refuge was public land, those guys were barking up the wrong tree. You can't acquire public land through adverse possession, meaning state or federal land.

So you can't just show up and take over public land and buildings and make an adverse possession claim. If the nuts had bothered to research it, and trace it back to English Common Law, they would have seen that they would have no claim, no matter how long they stayed there.

It was also disputed by the Federal Government. This gave legal notice to the occupiers to leave, and halts any adverse possession claim even if it were just Farmer Jones and Farmer Smith. To acquire title through adverse possession, it must be continuous. If Farmer Smith sends Farmer Jones a certified letter telling him to move his fence and get off of his land, the period halts at that point, and starts all over again. It has to be continuous and without notice from Farmer Smith. Farmer Smith should file an ejectment action suit, which is a pretty simple lawsuit.

The occupiers tried to make it notorious and open (2 requirements of adverse possession) by doing things like transferring the utility bills to them. They forgot that the Supreme Court has decided that public lands cannot be seized by adverse possession, even if the guys had managed to stay for 12 years, or whatever the term is in Oregon.

It has been a while since I had to be careful of this, but it almost always has to do with a boundary dispute as described at the top.

These guys had no chance of acquiring the property through adverse possession. First, they were notified that they were on Federal Land, and second, there was no way that they would stay for 12 years.

Like all legal doctrines, there are exceptions to the general rules regarding adverse possession, as well as several defenses. For example, public land can never be adversely possessed. Open, continuous, exclusive and non-permissive use of land, where the land is owned by the city, county or state, cannot form the basis of an adverse possession claim

So they had no hope of an adverse possession claim. It was a nutty idea, even if they had been able to stay, uninterrupted, for 10 or 12 years..whatever the state's statutes say is the period.

This is real property law 101. The occupiers thought that they were constitutional scholars, but didn't do their homework. As a matter of fact, the whole sovereign citizen movement is legally faulty.

Check this link out. These guys were all using the Sovereign Citizen ideology. It is TRULY whacky. It makes for good reading, and you will understand their thinking a little better:

https://en.wikipedia.org/wiki/Sovereign_citizen_movement

The Southern Poverty Law Center, which tracks hate groups, has a ton of info about the Sovereign Citizen Movement. The cop killers who had been at the Bundy Ranch considered themselves Sovereign Citizens.

https://www.splcenter.org/fighting-hate/extremist-files/ideology/sovereign-citizens-movement


Fritz

Social climber
Choss Creek, ID
Oct 3, 2016 - 07:17am PT
Per the New York Times, it looks like some long-term good may come out of the Malheur occupation. Here's the most interesting part of their take on it.

However, I won't be writting thank-you letters to the Bundy's.

“Ammon Bundy and his father basically handed their heads on the platter to the federal government,” said Stewart Rhodes, 51, the founder of a militia group called the Oath Keepers that claims to have 35,000 members across the country. The Oath Keepers were active in Nevada, he said, but he instructed members to stick to the sidelines in Oregon. “It was an ‘Alice in Wonderland’ viewpoint: ‘This land is ours, now that we occupy it.’”


The Oregon occupation has also complicated the political landscape for state leaders who have attempted to use legitimate means to acquire federal land.

The so-called land transfer movement has gained traction among some conservatives because federal acres contain rich troves of timber, ore and grazing grass, and certain state officials believe they should be able to decide what happens to those resources.


“What the Bundys did was draw attention to that,” said Jennifer Fielder, a Republican state senator from Montana who heads a pro-transfer group called the American Lands Council. “But in some ways, it was very negative attention, unfortunately. The majority of us are committed to a civil process that is going to be peaceful and isn’t going to get anybody killed.”


The Republican Party platform calls on Congress to “convey certain federally controlled public lands to states.” But neither major presidential nominee has shown interest in such a transfer. Critics say the idea would be prohibitively expensive, saddling states with the responsibility of hiring hundreds of rangers to care for mountainsides and fire-prone forests. And they worry that legislatures would simply start auctioning off the country’s most striking landscapes.



A new legal analysis written by a group of Western attorneys general also places major doubts on arguments Utah lawmakers have made for the transfer of lands to state control. The report was produced by seven Republicans, three Democrats and one independent.

In a twist, the Oregon occupation seems to have encouraged a revolt the Bundy brothers never expected: In recent months, counties around the West have begun passing resolutions specifically affirming their support for keeping federal lands from being turned over to the state. Some of them have been helped by the Theodore Roosevelt Conservation Partnership, a group that supports the rights of hunters and fishermen.

“It was backlash against this notion that all Westerners don’t like the federal government owning public land,” said Whit Fosburgh, the organization’s president. “The whole Bundy invasion probably set back the transfer movement significantly. Because it displayed this movement as a bunch of kooks.”

Commissioners in at least 21 places from New Mexico to Wyoming have signed pro-public lands resolutions. In interviews, several said they had become concerned that their state leaders, if given control of federal lands, would start selling the ski slopes, river rapids and trekking trails that drive their communities’ economies and souls.

“We all utilize those public lands for hiking and biking and motorcycle riding, floating the rivers,” said Bill Leake, a commissioner in Teton County, Idaho, who sign a pro-public lands resolution in July. “I don’t see myself as a rebel — I just see myself as an informed county commissioner.”
http://www.nytimes.com/2016/10/03/us/bundy-brothers-who-sought-to-rally-a-nation-draw-scant-support-at-trial.html?mwrsm=Facebook&_r=0
10b4me

Mountain climber
Retired
Oct 3, 2016 - 07:22am PT
Nobody ever said the Bundys were smart.
zBrown

Ice climber
Oct 3, 2016 - 07:26am PT
Whew! Saw this thread and thought they did it again.

survival

Big Wall climber
Terrapin Station
Oct 3, 2016 - 07:35am PT
The Jaggamuffin Brigade, working hard for freedom, just like escargot wants it.

http://www.oregonlive.com/oregon-standoff/2016/09/ammon_bundys_lawyers_file_moti_1.html
10b4me

Mountain climber
Retired
Oct 3, 2016 - 07:43am PT
"Since the beginning of trial Mr. Bundy has regularly been deprived of meals and adequate sustenance, resulting in physical and mental fatigue beyond what is normal or allowable under basic principles of fairness and decency,'' Philpot wrote.


Too bad
Jon Beck

Trad climber
Oceanside
Topic Author's Reply - Oct 3, 2016 - 08:22am PT
The Bundy trial is in progress in Portland, I have not been keeping track of the insanity, but those guys are going to do some time over this, and they are unrepentant. The beauty is that there next rebellion will be gun free because everyone will be stuck with a felony.
Fritz

Social climber
Choss Creek, ID
Oct 3, 2016 - 09:05am PT
This photo from the link Survival posted would argue against Ammon Bundy being starved. Looks like that nice starchy prison food agrees with him.
survival

Big Wall climber
Terrapin Station
Oct 3, 2016 - 09:08am PT
Love that outfit.

What happened to the sexy freedom beard he used to wear?
SteveW

Trad climber
The state of confusion
Oct 3, 2016 - 03:51pm PT

He's probably not getting enough snacks. . .
Messages 2441 - 2460 of total 2571 in this topic << First  |  < Previous  |  Show All  |  Next >  |  Last >>
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