'Mountain Man' Takes Feds to Court for Abusing Easement

  Рет қаралды 411,126

Steve Lehto

Steve Lehto

Күн бұрын

The Supreme Court may have to resolve this.
www.lehtoslaw.com

Пікірлер: 2 300
@jerryshelton1481
@jerryshelton1481 11 ай бұрын
Ask the Indian people how well the government keeps their word
@kpdvw
@kpdvw 5 ай бұрын
first the US Government practiced genocide on the Original Americans now they turn on the US Taxpayers with impunity...!
@yourfullofsheite
@yourfullofsheite 4 ай бұрын
you mean African American
@darrylbarker505
@darrylbarker505 Жыл бұрын
The U. S. Government didn't keep their word? ...treated a citizen/veteran as if he were of no consequence?...ignored the Fifth Amendment? ...well, that's just tradition.
@SmallSpoonBrigade
@SmallSpoonBrigade Жыл бұрын
I'm not sure what veteran status has to do with anything, it's been quite a few decades since we had any wars that actually increased national security or where the veterans of the wars were given the full benefits promised either. It's been long established that they only care about veterans so far as they can use them to recruit the next batch.
@DudeSoWin
@DudeSoWin Жыл бұрын
First line of dialogue in that court should go like: "We too are the public, they are the public, and those committing wrongs in the area are the public. Now on this diagram where does the public touch itself at night getting horny with my antlers." You could sum up the entire National Constitution with but four words, "Never Kowtow to Guests" because that is their every damn motive shortselling citizenry for kickbackss by those who don't understand the meaning of family.
@kenbrown2808
@kenbrown2808 Жыл бұрын
And how, exactly, did they force him to incriminate himself?
@mistered4421
@mistered4421 Жыл бұрын
Historically, the U.S. government has a bad record for honoring their agreements.
@andreamoore6477
@andreamoore6477 Жыл бұрын
right-- pikachu surprise face.....not the govt'...they're always so honest...NOT biggest liars in the world.
@nunyabiznez6381
@nunyabiznez6381 Жыл бұрын
My parents bought a home in Massachusetts in 1959. It came with a utility company easement. There was a utility pole in the far back corner of the property to facilitate utility lines to a pair of homes that were behind us but had their own driveways on another street. The only purpose of the easement was to make it possible to connect utility lines, phone and electric to those two homes. They could have done so from the other street but it was a shorter distance using a pole in our parent's property. The easement was granted in exchange for an annual reduction in utility bills. I remember in 1968 when the utility company came in and parked multiple trucks in our yard not within the easement and without my parents' permission and then erected an 8 foot tall chain link fence down the side of the property. The easement was originally to include a 12 foot wide path that was to remain un obstructed so that the utility company could access the pole as needed but no permanent structures were to be placed on the property other than the pole which was to be located within the 24" square at the extreme corner of the property and no place else. So that day they ran the fence down the side of the property from the front corner of the property to the rear corner and then twenty feet over then back up to the front again basically commandeering a 20 foot wide section of our property leaving no driveway for my Dad to park in and in fact the fence came within 10 inches of the side of the house so we had no access to that side of the house for maintenance, window cleaning, painting or escape in case of fire. They then moved the pole. the installed a 50 foot tall pole within a six foot concrete structure. The pole then was used for high tension lines that ran through the neighborhood. They then added a maintenance shed that was about 12 feet by 16 feet to the back of the property. My Dad called the police the day they started but the police said they could do nothing since there was an easement in place. The property itself was 64 feet wide and 103 feet deep. The house was 28 feet wide so that left 21 feet on the easement side and 15 feet on the other side where there was no driveway but instead a stone wall that prevented parking in the yard. My Dad literally had no place to park his car. Three of our neighbors sued my Dad for various incursions onto their property as well as loss of property value blaming him for what the utility companies were doing. My Dad sued the utility company and it took two years but finally in the spring of 1971 he won the law suit (Mom was in the hospital at the time with a lengthy illness). I remember the day the police came along with the utility company and the police literally were ordering the utility company to tear down everything which resulted in all the electricity on the block being turned off for two days and our neighbors all hated us. We moved a month later to another part of the state. So the lesson here when it comes to easements is don't give them an inch because they will take a mile if you do.
@gocity9
@gocity9 Жыл бұрын
The fact that your neighbors hated you goes to show how fucking stupid the average person is. How could they blame you guys for something the utility company did?
@reginaschellhaas1395
@reginaschellhaas1395 Жыл бұрын
I'm so sorry this happened to your family, it's certainly not fair! Glad your dad won, but being hated for something that wasn't his fault is pretty harsh. I sincerely hope your family found happiness in the new home.
@GorillaCrewWarGaming
@GorillaCrewWarGaming Жыл бұрын
Exactly. Give them NOTHING. Some scumbag will eventually abuse it.
@mikep490
@mikep490 Жыл бұрын
I had somewhat similar on my 2 acres, except the easement was for lines from the (somewhat small) hydro dam. I knew of the easement but on later review the easement was given for free electricity (no term limit stated). When the previous owner took possession the untility simply started charging him for electricity and filed a letter saying they'd decided the easement was "only for the original owner", without informing the previous owner (he said). I attempted to get the easement right reestablished but was told it wasn't enforceable in litegation. I'd probably have to had to live on the property for 10 or 20 years to payback the cost of fighting in court, even if I'd won. On my current property there's an easement on the back of my property for cable TV with no easement for access across my land. There have been times where they came thru the front of my property, climbed a fence, let the dogs out, injured a non-agressive dog, damaged a fence and trees, and cut down a bush... all done by subcontractors of the cable company. (All this when I told the cable company to simply ask for access to the box.)
@reginaschellhaas1395
@reginaschellhaas1395 Жыл бұрын
@@mikep490 Oh, I am so very angry on your behalf. So sorry this happened!
@Word2theM
@Word2theM 11 ай бұрын
Im from Montana and this case has been going on for many years. The forest service has been extremely corrupt throughout this ordeal. Go and read all the documents regarding this case. 30 plus years this man has been fighting them. They are ultimately trying to steal his land.
@frazergeno4557
@frazergeno4557 2 ай бұрын
It's Government, never to be trusted
@msmolly3082
@msmolly3082 Жыл бұрын
If they are "violating the easement", they are violating the "contract" made with him and should be made to forfeit the easement.
@shaynegadsden
@shaynegadsden Жыл бұрын
That's what i hope he argues and wins
@jonathanjones3126
@jonathanjones3126 Жыл бұрын
And all of the lawyers legal costs
@Kelters
@Kelters Жыл бұрын
And the corollary to that might be that Mountain Man could set up gates and fencing on his property along with "Road ends here" and "No trespassing" signs. I would be doing that.
@Cohen.the.Worrier
@Cohen.the.Worrier Жыл бұрын
And the laughing tyrant should lose his job.
@ThereIsNoOtherHandleLikeMine
@ThereIsNoOtherHandleLikeMine Жыл бұрын
"After an immaterial breach of the contract, the agreement is still valid." - Kemmy Law Firm Whether any breach was "material" is for a court to decide.
@pageveazey9874
@pageveazey9874 Жыл бұрын
As a retired Transportation Engineer and having a great deal of experience with Easements, you are 100% correct about what an easement can be used for. If that situation had happened to me and the Forrest Service had laughed at me, I would have set up a Toll Booth at the point where the easement road entered on to my property and I would have charged $5 per trip across my property. Then I would have allowed any and all Forrest Service and Logging Company vehicles to pass through for free. Then anybody who was foolish enough to pay me $5 to go through, would also have to pay $5 to come back through my property. That would cause the general public to pay $10 for a round trip. Then if the Forrest Service took me to court, I would present a copy of the easement to the Judge and defend my position as my actions do not violate the easement agreement in any way. Now, I am very aware that the landowner cannot place anything on the easement that abstructs the full use of the easement by those who have a right to use the easement. Here comes the rub....... In my State(Virginia), any WAY that has been in public use can be declared a Public Way if it has been in common use by the public for more than 20 years without objection and can be taken by Adverse Possesion(Squaters Rights) by the Government. That man needed to take action to prevent the public from using that road because if he did not protest, then it would eventually be taken as a Public Way.
@smartysmarty1714
@smartysmarty1714 Жыл бұрын
@@imperialsilver3936 --- That sounds good on the surface, but many (if not all) of the public using this "road" have no idea they're infringing on this land owner, so the punishment would be directed at the wrong people.
@unitedstatian
@unitedstatian Жыл бұрын
@@smartysmarty1714 The odds of this guy having private property signs up is pretty high, if someone can't read and continues to trespass I would be calling law enforcement constantly until it became a big enough problem they actually did something to prevent the forest service from violating his rights.
@allaboutroofing2
@allaboutroofing2 Жыл бұрын
​@@unitedstatian there are signs directing people there and likely shows on gps. I don't understand why you think a no trespassing sign would mean anything. Where i live, a public road thru private property is pretty common and usually has signs that say so and to stay in your vehicle or not leave the roadway.
@allaboutroofing2
@allaboutroofing2 Жыл бұрын
Or put up a gate. They breached contract, so the deal is off and no access to anyone that isn't approved by owner of property.
@kcender3771
@kcender3771 Жыл бұрын
PV, I don't have your level of experience or education, but I do own properties and I would never allow an exception knowingly. That just might set a legal precedent that could come back to haunt me. I've seen it happen before where someone has been using your easement with or without your knowledge or permission and now claims the right to continue using it. I've also seen an easement blocked off (in quick fashion) and as they say: possession is 9/10ths of the law.
@sewing1243
@sewing1243 Жыл бұрын
"It is hard to imagine a more stupid or more dangerous way of making decisions than by putting those decisions in the hands of people who pay no price for being wrong." ~ Thomas Sowell
@BlackSmokeDMax
@BlackSmokeDMax Жыл бұрын
Thomas Sowell is a smart man. Not sure if I agree with him on 100% of what he says, but I haven't found anything yet in which I don't.
@PennelopeWhitmore
@PennelopeWhitmore 11 ай бұрын
That's one of my favorite quotes of all time. Thomas Sowell rocks.
@PayNoTax-GetNoVote
@PayNoTax-GetNoVote 11 ай бұрын
​@BlackSmokeDMax Everyone has a right to be wrong. Glad to see you exercising your rights.
@kristheobserver
@kristheobserver 5 ай бұрын
If he could be directly sued and not have any help from the Government he would change his tone. Sowell is once again completely right.
@tinderbox218
@tinderbox218 Жыл бұрын
More worrisome is that if this is going to the U.S. Supreme Court then presumably all the lower courts leading up to this have sided with the Forestry Service.
@bradwillingham7669
@bradwillingham7669 5 ай бұрын
Not to mention that the Supreme Court we have now is a damn joke packed with criminals!
@daviddawkins2829
@daviddawkins2829 5 ай бұрын
Probably sided with MM and giant pockets appealed.
@MIchaelArlowe
@MIchaelArlowe 4 ай бұрын
Or the lower courts just decided to pass the buck.
@1014p
@1014p 2 ай бұрын
True most likely even though the easement language is crystal clear.
@dampierstucco5778
@dampierstucco5778 Жыл бұрын
The guy that said "sue us" should be on the hook for the legal fees incur by the government instead of us taxpayers who have the good sense to understand how a limited easement works. I know that won't be the case but it sure be nice if it was.
@Jirodyne
@Jirodyne Жыл бұрын
That's called corruption. And honestly, if they Sued the government, got a win, and this guy STILL violates the law, it should be immediate grounds for Execution and the Woodsmen should legally be allowed to shoot and kill him. He is a High Profile criminal, on the lose, that is causing harm to an American Civilian knowingly and Maliciously. He should 100% lose his life.
@truthsRsung
@truthsRsung Жыл бұрын
You act like the enforcement officer has any power over the situation. Maybe, "Sue Us" was the very Best Advice the one man could give to the other? Dude could have given our Mountain Man a load of lip service, had him chasing Justice from department to department, sitting on hold or in waiting rooms for hours of the last years of his life. Instead he gave it to him straight. Should he quit his job because his bosses ignored agreements, or ruffle their feathers to get fired?
@reachandler3655
@reachandler3655 Жыл бұрын
No, the government decided to fight the case instead of just apologising for the 'mistake'.
@ericsmith1517
@ericsmith1517 Жыл бұрын
@@TheBooban because the govt will just remove the barricade and likely just seize the property in question
@truthsRsung
@truthsRsung Жыл бұрын
@@TheBooban ...This guys bosses are the ones who implemented the program. It is Obvious that litigation was the only way to change the policy. The Ranger knew it and told the *Mountain Man" the Truth. I see a lot of people here hate to hear the truth.
@EdoKwin
@EdoKwin Жыл бұрын
Paraphrasing Steve: I bet a handshake with this man is better than a contract with a corporation. Very well said. Wish more people were like the Mountain Man in this story.
@johnhouchins3156
@johnhouchins3156 Жыл бұрын
I agree completely. Honor? What a concept!
@edjohnson1788
@edjohnson1788 Жыл бұрын
@@johnhouchins3156 Spot on!
@Unsensitive
@Unsensitive Жыл бұрын
@@johnhouchins3156 Honest, honorable men that stand by their word and commitments are rare now days.
@jtjones4081
@jtjones4081 Жыл бұрын
I'd like to read the easement. If it's clear, he wins. That they're appealing to the Supreme Court means they lost in lower courts. If the language of the easement is as clear as Steve implies I doubt he'd have lost in lower courts. I spent 6 years battling the Feds, finally reversing a 50 year old precedent during an en banc panel at the DC Circuit Court of Appeals. Destroyed my financial future. That case was also about property rights. PCL defended Kinder Morgan, a billion dollar pipeline company. As if Kinder Morgan needed help. What about eminent domain being used to seize Americans property for pipelines to transport natural gas overseas. Does that comport with the 5th amendment "no property shall be taken save for The Public Use." Is natural gas being used overseas the American public??
@ThereIsNoOtherHandleLikeMine
@ThereIsNoOtherHandleLikeMine Жыл бұрын
That's called a quote. Not a paraphrase.
@jimlongley9531
@jimlongley9531 Жыл бұрын
In my past life I was a Technical Support Engineer for NY Telephone Company. I rarely got involved in easement disputes, that was the job of our Right of Way department, but sometimes I got called in to consult on technical issues, so I knew a few of the ROW folks. One day I was meeting my wife for lunch at her office and noticed that there were marker flags for buried facilities along the road to her place of business. I asked her what was going on and she checked with her company's plant superintendent, who told her that they were building a power co-generation plant and the switchyard was going to be located along side of the road on company property. When I got back to my office I called the ROW office and got a copy of the ROW map for that road and discovered that there was a 5 foot wide telephone and Cable Television easement down that side of the road. I then went to the town and located the construction plat for the cogeneration switch yard and discovered that they intended to build the switching station right on top of the easement, right over the telephone cable buried in the easement. Now putting a 30,000+ Volt power station right over a telephone cable might not sound too dangerous to some, but part of my job happened to be evaluating power stations and designing the setup necessary to protect low voltage telephone systems from high voltage power, so I set some wheels in motion and we contacted the necessary folks at the company involved. Their first reaction was to shoo us away, stating that they had called and gotten permission to place their power station there(?). It turns out that someone in their organization felt as though that since they had called the "Call Before You Dig" number and gotten the cable located, that meant they could build there as long as they avoided digging up the telephone cable. WRONG!!! It's an easement! And putting all of that power right over the top of the cable puts it right in the zone of any fault currents that might result if there were a catastrophic failure resulting in all of that voltage getting dumped to ground. It could literally turn a telephone down the road into a very bright light bulb with a fireworks show built in and endanger telephone people in the central office feeding the cable. We did battle with them for months, while the construction was halted, and their plant guy figured out that I was married to the person that asked him about the construction, so she got some flack, but we finally won and they had to pay us to negotiate easements and right of way with the property owners on the other side of the road and then relocate the telephone cable. It was very expensive. They even hired an expensive outside PE engineer to come in and tell us how small the shock hazard was likely to be, naming a very small percentage of likelihood of injury or death and that our approach was a "Belt and Suspenders" approach to safety. When I got up and asked him if he would be willing to explain the poor luck the death or injury was to the person or family that suffered it and pulled back my suit jacket to show that I was also wearing both a belt and suspenders, he sat down and shut up and just glowered through the rest of the meeting. Ironically, there was a project in the works to abandon that cable anyway because fiber optic was being placed, but my wife who was terminally ill when it started passed away during all of the wrangling, so after the way they treated her I didn't feel too inclined to let them get away with violating the easement.
@ronpeacock9939
@ronpeacock9939 11 ай бұрын
Thats not even to mention the fact that all that power can and most likely will generate electro-magnetic interference on communication lines. I agree, the shock hazard was minimal.. but the interference was probable making the lines nearly useless.
@MeRia035
@MeRia035 5 ай бұрын
I'm very sorry for the loss of your wife.
@steveniemyer9288
@steveniemyer9288 11 ай бұрын
The mountain man won his case in March 2023.
@UmmmmmmmWhat
@UmmmmmmmWhat Жыл бұрын
Feds are 100% in the wrong here. No ifs, ands, or buts.
@jimboha
@jimboha Жыл бұрын
Beg to differ: There is at least one butt here...
@mikezupancic2182
@mikezupancic2182 Жыл бұрын
The court already ruled against him a few times
@GARDENER42
@GARDENER42 Жыл бұрын
@@mikezupancic2182 That doesn't mean the feds are right. It just means they have clever lawyers.
@mikezupancic2182
@mikezupancic2182 Жыл бұрын
@Gardener42 no, it means the final say of the government has agreed twice.
@HarrisonCountyStudio
@HarrisonCountyStudio 5 ай бұрын
@@mikezupancic2182 of course the government is going to agree with itself. That’s kind of the point.
@jackbelk8527
@jackbelk8527 Жыл бұрын
I'm a hermit surrounded by public land with 15 miles of doubtful road to the post office in a tiny town. PERFECT. I'm rooting for him too.
@snaplash
@snaplash Жыл бұрын
If you have internet service at home, have you signed up for USPS Informed Delivery so you can see if it's worth driving in to pick up your mail?
@daves.software
@daves.software Жыл бұрын
The pension of the bureaucrat responsible for escalating this should be on the hook for paying the legal fees.
@falcon127
@falcon127 Жыл бұрын
SEND THE GOVERNMENT OFFICIAL WHO MOVED BACK IN HIS CHAIR AND LAUGHED TO PRISON FOR LIFE! , GET THEIR ATTENTION.
@dennisyoung6122
@dennisyoung6122 Жыл бұрын
The high amount of court and legal fees makes it unreasonably difficult to fight things in court. This is a denial of due process and legal protections.
@P_RO_
@P_RO_ Жыл бұрын
And when they invoke 'civil forfeiture' it becomes impossible for the average person to properly defend themselves or properly process a claim as a plaintiff. The courts think there's nothing wrong with any of this.
@user-zu3kf7ue1k
@user-zu3kf7ue1k 6 ай бұрын
Just don't bother with the oppressive cost of court. Rope is cheaper.
@wtf1185
@wtf1185 Жыл бұрын
*_It's a sad commentary on American society when honesty and integrity are considered old fashioned values. I'm rootin' for ya mountain man._* 🖖
@natcalverley4344
@natcalverley4344 Жыл бұрын
Very well said
@cliveadams7629
@cliveadams7629 Жыл бұрын
Ha ha ha, honesty and integrity have never been part of American society. Look at what happened to the native Americans and how treaties with them were honoured. Or not.
@vidyagaems4063
@vidyagaems4063 Жыл бұрын
Not exactly "old fashioned", since conservatives generally like old fashioned stuff. Honesty and integrity? Not so much.
@elanahammer1076
@elanahammer1076 Жыл бұрын
Go Mountain man! It is so sad that honesty and integrity are considered old fashioned values! I completely agree with you!🤔❤🇺🇸
@SLDM1962
@SLDM1962 Жыл бұрын
I am 100% with Mountain Man. Please keep us posted.
@Travelingman724
@Travelingman724 Жыл бұрын
It makes absolutely no sense that this even needed to go all the way to the Supreme Court.
@patrickdurham8393
@patrickdurham8393 Жыл бұрын
I bought my 15 acres in the boonies last year and I made sure there were no easements. My neighbors are cows, deer and turkeys and we get along great.
@makingmistakeswithgreg
@makingmistakeswithgreg Жыл бұрын
Sounds like a dream to me 👍
@patrickdurham8393
@patrickdurham8393 Жыл бұрын
@@junkman8742 Lol, I won't be able to hear or smell them over my own!
@jonahzablow2132
@jonahzablow2132 Жыл бұрын
He should put up a gate and no trespassing signs. If the feds want to come on his property they can make an appointment.
@edjohnson1788
@edjohnson1788 Жыл бұрын
Government would say they have an easement after they bulldozed the gate, ripped down the signs, and billed the owner for that work. Also, they might criminally charge the owner for blocking access on a public thoroughfare.
@jonahzablow2132
@jonahzablow2132 Жыл бұрын
No it's not a public easement, it's a federal access road for official business only. If they are going to violate the contract, THAT is criminal.
@boldCactuslad
@boldCactuslad Жыл бұрын
@@edjohnson1788 he'd be lucky if he got out of such a situation alive at all.
@styleisaweapon
@styleisaweapon Жыл бұрын
@@jonahzablow2132 one thing I am sure of is that the act of violating a contract is not criminal
@rmhartman
@rmhartman Жыл бұрын
Supply the forestry service with keys to the gate.
@brendalakios9491
@brendalakios9491 Жыл бұрын
I had an uncle in Kentucky in a similar situation. His easement allowed him to make improvements. He had 650 acres and the dirt road going in to Mammoth cave national park was over a mile long. My uncle tried nearly everything to keep the public off his property. He got the idea to partially embed logs in the road. He did so, to stop "erosion" the logging trucks and heavy equipment, passed through easily, but cars and pickups could not. He used big logs which stuck out 8" to 10". He only used about twenty logs in two places, He made good money towing cars and pickups with a tractor, they bottomed out. End of problem.
@NPzed
@NPzed Жыл бұрын
Nice!
@alliecollin1748
@alliecollin1748 Жыл бұрын
👍💪😂💕
@justicedemocrat9357
@justicedemocrat9357 Жыл бұрын
I don't understand how did logs stop cars but not trucks?
@HeirloomFarmstead
@HeirloomFarmstead Жыл бұрын
@@justicedemocrat9357 It’s referring to big trucks (tractor trucks or 18-wheeler) they have the ground clearance to not bottom out
@edevos3108
@edevos3108 Жыл бұрын
And if the government did not block HIS ACCESS TO MAMMOTH CAVE, they were stupid. I would have blocked that road leading into Mammoth Care national park to KEEP HIM OUT.
@iamgabriel5823
@iamgabriel5823 Жыл бұрын
When attending orientation for my new job with the fed gvmnt I asked the facilitator a question about why they had a certain policy. His very entitled and cocky response was, "We are the Federal Government. We can do whatever we want." I came to learn that was true. For the most part what I observed during my employment there was our gvmnt being utterly corrupt and not the least bit concerned about their illegal actions. Working for the feds was a shocking and depressing experience.
@MrEurotechno
@MrEurotechno Жыл бұрын
I always wondered why the government couldn't get anything done on time or on budget, until I started a career with the city as an operator. I am no longer wondering why nothing gets done. It's almost shameful to see the disregard for taxpayers' money.
@insertcolorherehawk3761
@insertcolorherehawk3761 Жыл бұрын
@@MrEurotechno and somehow, it gets worse under private control
@edevos3108
@edevos3108 Жыл бұрын
@@insertcolorherehawk3761 Absolutely. When the Commonwealth of Pennsylvania commissioned a new computer system for its Medicaid Program years ago (I worked there), they abandoned State Employee development of the System and hired a private contractor. Not only was there a $50 million cost overrun, but the system did not meet federal standards. Hospitals and doctors were enrolled late and paid late; reports required under the Social Security Act were not completed, and patients often had to wait weeks for care. The feds fined us about $13 million. I and a counterpart in the Comptroller's Office tried to warn upper management of the system failure, but they did not listen because the contract was awarded to a political contributor of the then Governor (GOP). Private enterprise is never the answer unless they can do it as cheaply and as quickly as the people who KNOW HOW THE SYSTEM IS SUPPOSED TO WORK, and that rarely happens at all. And, as a former government employee whose behavior was covered by numerous laws and regulations, I am calling some of the commenters here liars. We would have been FIRED if we had the attitude "we can do whatever we want (look at what is happening to Mr. Trump, for example); the Civil Service Act, the Hatch Act and numerous other laws say that we cannot. The only public employees who can literally do whatever they want, including steal stuff (they call it borrowing) and kill people are the police, and only because the SCOTUS said they are generally immune from prosecution under the law and are legally allowed to lie to the public. As for the rest of the public employees, being a fool on the job can not only get you FIRED, it can get you JAILED and your PENSION FORFEITED. Furthermore, states do have to work within a budget because states, cities and counties CANNOT OPERATE UNDER DEFICITS. Only the feds can do that. IF A STATE OR LOCAL GOVERNMENT IS IN DEFICIT STATUS, IT MUST DECLARE BANKRUPTCY. This happened to NYC a few decades ago, and it continues to happen in many other places. This is why I don't believe that any of the "government negative" commenters ever really worked for the government. Otherwise they would know that exactly what I said is true.
@frankney8284
@frankney8284 Жыл бұрын
The government official that laughed at him should be named, shamed, and sued.
@AaronCoakley
@AaronCoakley Жыл бұрын
Or commended for giving him the idea... Maybe he even wanted it
@charlescouncill
@charlescouncill Жыл бұрын
And tarred and feathered.
@jwhiskey242
@jwhiskey242 Жыл бұрын
Sued for what? Theres no case.
@EngageYourFrontalLobe
@EngageYourFrontalLobe 11 ай бұрын
& fired
@foremanhaste5464
@foremanhaste5464 11 ай бұрын
Government would even have extremely solid grounds for terminating the ranger's position as his willful actions led to extreme losses in court fees. As a judge I would be inclined to rule in the mountain man's favor and advise the government to pursue damages against the ranger.
@roycsinclair
@roycsinclair Жыл бұрын
I am reminded of Darth Vader saying "I have altered the deal, pray I don't alter it further". That is what the Ranger who laughed at him was effectively saying.
@NPzed
@NPzed Жыл бұрын
That's the government motto
@pyrotech7210
@pyrotech7210 Жыл бұрын
Give the government an inch and they'll take 3000 miles
@rogue13131313
@rogue13131313 11 ай бұрын
Question is.... If its a slam dunk, why has it made it to the supreme court
@alphax4785
@alphax4785 Ай бұрын
Because the government (and that includes the judiciary) are the lowest.
@thatjoeguy7348
@thatjoeguy7348 Жыл бұрын
I've said this over and over, government employees should ONLY be allowed to work for the government for a MAXIMUM of 10 years (in all capacities combined), then get out and live in the real world and NO RETIREMENT AT ALL. This includes (especially includes) politicians.
@tomaldous6192
@tomaldous6192 Жыл бұрын
I wish the Mountain Man a speedy win in this lawsuit.
@mitchzombek3984
@mitchzombek3984 Жыл бұрын
I've owned farmland in Michigan with natural gas wells maintained by an oil and gas company. Road easement was on my property with no gates. All was o.k. for a couple of years until some folks started treating road like a public road. But when I saw someone dumping garbage on my land I had enough and put up a gate. Gas well workers had no issues with this since I was protecting my land. I'd suggest mountain man install locked gate on his land, then let only those with legal access for this road have keys.
@TheJagjr4450
@TheJagjr4450 Жыл бұрын
WE had a shared access gate with 2 utilities, there were 3 locks daisey chained together, one for each of us.
@nunyabiznez6381
@nunyabiznez6381 Жыл бұрын
They'll just tear down the gates and the locks and keys and put up a sign saying "OPEN TO THE PUBLIC ALL WELCOME."
@mitchzombek3984
@mitchzombek3984 Жыл бұрын
@@nunyabiznez6381 that would be the destruction of personal property
@coop5329
@coop5329 Жыл бұрын
I had a farm with oil and gas wells and similar situation. When I needed a gate, the oil company paid for it and installed it. They also maintained the "driveway" because they were sending full size tanker trucks down it and making huge ruts. Altogether a very decent oil company that had that lease and right to enter. The oil field hand was there every single day to check on and maintain the wells. Nice person, never a single problem. Company was Atlas Oil in Ohio.
@funnyfarm5555
@funnyfarm5555 Жыл бұрын
My daughter is a wildlife biologist working for a contractor and has to go on Private, County, State and Federal land each summer to conduct their studies. She signs out for keys to like 20 different locks for her job and returns the keys at the end of each summer. We have a National wildlife area (Old WW2 Camp Adair=Flat ground) near us and the locks on the gates are daisy chained for the different organizations and power company(Sub Station) that need access to the area. I say put up a forest service quality gate and restrictive lock chamber (lock up inside) and let the forest service come and complain. It would be rare that a forest visitor would have the ability to tear out the gate, because they are pretty stout.
@AlternativeHomesteading
@AlternativeHomesteading Жыл бұрын
All of this happened to me in rural Kentucky. Neighbor shot my cat. Another neighbor ran over a cat. Neighbor who shot my cat took his John Deere tractor and mowed down my newly installed gate on my surveyed property. The neighbors here are of the misguided belief they own everything. I took them to court for a restraining order with videos, audios and photos of harassment and trespassing, vandalism etc and the judge, knowing the perpetrators, refused to give me an order of protection.
@Steven-nj8le
@Steven-nj8le 11 ай бұрын
Yeah it is called. THE GOOD OLE BOY NETWORK ❤❤😂😂🎉🎉🎉
@AlternativeHomesteading
@AlternativeHomesteading 11 ай бұрын
@@Steven-nj8le psychopaths
@rcsontag
@rcsontag Жыл бұрын
The man who said "sue us" should have been named in the lawsuit for refusing to abide by the agreement.
@HealingSwordsman
@HealingSwordsman Жыл бұрын
Man for the gov rep to say "Just sue us" what an abuse of power, public trust, absolutely no honor.
@Drebin2293
@Drebin2293 Жыл бұрын
'Just sue us.' 'You're lucky I don't make you eat through a straw.'
@truthsRsung
@truthsRsung Жыл бұрын
​​ ...Why do you think that it wasn't the BEST ADVICE HE COULD GIVE? You act like that one cog in that Government Agency had the power to give this man Justice. Telling him to sue his bosses saves a whole lot of time. The dishonorable thing to do would lie, delay, and cover up Wrongdoing. The orders from above needed to be Changed, not it's application. Signs need funding and idiots to think of what to put on them. That comes from the policy makers, LAWyers.
@HealingSwordsman
@HealingSwordsman Жыл бұрын
@@truthsRsung Stop glorifying a bully.
@Drebin2293
@Drebin2293 Жыл бұрын
@@truthsRsung It all comes down to personal responsibility. If the ranger had looked at the terms of the easement and seen that the owner was in the right then there's a ton he could've done. He could've even spoken to one of the lawyers they have on staff to get an opinion. But that would've taken effort. There are very few people that'll take charge of a situation. Most people do the minimum and then pass the buck. And the orders from above didn't need to be changed. He could've then taken the case to the magistrate and fixed it. But he didn't.
@johntracy72
@johntracy72 Жыл бұрын
Don't "triple dog dare" someone who will take on the challenge.
@timothysemple4740
@timothysemple4740 Жыл бұрын
I would gate the road and place a large sign "For logging and forestry maintenance only, call for access and appointment".
@annasdad8008
@annasdad8008 Жыл бұрын
The forest service officers and administrators should be held personally responsible for all attorneys’ fees for both sides. The government attorneys involved in this case should be fired and disbarred. The forest service agent who smirked and said “sue us” should be fired, banned from ever working for the government, lose his retirement benefits, and sent to prison for abusing his position.
@JKiler1
@JKiler1 Жыл бұрын
The problem with all these cases is that no matter how many of them turn out in favor of the people against the government, it does nothing to prevent any more from cropping up. There should be some mechanism within the law to get cases like these dismissed summarily based on precedent.
@AFloridaSon
@AFloridaSon Жыл бұрын
I really hope he wins. If he does, this would be a victory for all of us, in a round about way.
@TyroRNG
@TyroRNG Жыл бұрын
Will probably come down to something like While you have rights on the land, all land in the USA is owned by the country. With a clause saying so long as they "fairly compensate" the property right owner, the government may reclaim the land of it deems that necessary. Usually how that goes when it's an individual vs a government.
@kairu_aname
@kairu_aname Жыл бұрын
@@TyroRNG 4th amendment- 5th amendment- 8th amendment violations.
@magicdinsmore3107
@magicdinsmore3107 Жыл бұрын
I don't. He bought a piece of property that had an established access to the Selway Bitterroot Nat. Forest for over 30 years. Now he wants to claim he didn't realize the popular access was there and wants to shut the public out? It's like when you go to the beach and can't actually get to the public beach because it's all behind private access only.
@TyroRNG
@TyroRNG Жыл бұрын
@@kairu_aname it's already hard enough to hold a police officer accountable for breaking amendments, let alone the government. Those who hold enough power and money are above the law so long as they don't make themselves the enemy of people who are richer or hold even more power. Without a doubt there are a number of protections, exceptions, loopholes and special clauses that were put in place by the government in the past to shield them from liability or give them the ability to legally disregard certain rights.
@jonahzablow2132
@jonahzablow2132 Жыл бұрын
Then those violations should be overturned in a court of law. Government can’t get away with constitutional violations and keep the public’s consent to be governed.
@SB_McCollum
@SB_McCollum Жыл бұрын
The Forest Service has learned that they can create promotions and broadened bureaucratic reach by taking small plots, claiming Very tenuous historical value or environmental preservation, and becoming litigious. They learned it directly from the green movement, but local Forest Service outfits have found it improves their personal incomes and retirement packages mightily.
@mikepaul3959
@mikepaul3959 Жыл бұрын
During 25 years of dealing with the NFS while working at a couple of ski areas that were leased from the NFS or adjacent to a National Forest I found that many senior NFS officers are more worried about their pensions than any concept of right or wrong.
@norml.hugh-mann
@norml.hugh-mann Жыл бұрын
Bo such thing as a "local outfit" in the Forest Service. They are run from the top down like all fed depts
@mytech6779
@mytech6779 Жыл бұрын
Watermelons. Green on the surface and socialist right to the core.
@benmoore1097
@benmoore1097 Жыл бұрын
Gov NOT upholding a LAND CONTRACT, and taking more then they should??? Who woulda thought..... *Sighs in Cherokee*
@bugsy101ify
@bugsy101ify Жыл бұрын
Keep us updated on this bc this is extremely important for many property owners and if this goes wrong and he looses then you know for sure to never go into any agreement like that with any entity especially government bc there not there to help you any longer and will take or do whatever they want and that man that laughed at him should also be held accountable for his actions towards these property owners
@loosemoose9799
@loosemoose9799 Жыл бұрын
Years ago I had a problem with an electric company that had a line across my property and a pole to hold up the line. The line was taken out because it was no longer needed but they would not remove the pole because they said it was part of their tax depreciation schedule for poles. They refused to take out the pole and told me if I tried to take it out they would file charges for destruction of their property. We had a few words and the next evening when I arrived home from work the pole was gone. There was involvement by another company and due to some other legalities, once the lines were down the easement was no longer valid. The pole also became mine since it was abandoned. I just wanted it gone.
@aaronfreeman5264
@aaronfreeman5264 Жыл бұрын
High Creosote Fire Wood.
@loosemoose9799
@loosemoose9799 Жыл бұрын
@@aaronfreeman5264 The few words were, "Either take it out or tomorrow evening I am going use a chain saw and cut it down flush with the ground."
@darthgorthaur258
@darthgorthaur258 Жыл бұрын
My god there should be nothing "old fashion" about wanting the government to be held to what they say but your right it is becoming that way and it's so disappointing...
@randallkelley3600
@randallkelley3600 Жыл бұрын
It is hard to imagine a more stupid or more dangerous way of making decisions than by putting those decisions in the hands of people who pay no price for being wrong. Thomas Sowell
@stumphole8217
@stumphole8217 Жыл бұрын
I am a Ranger with the NC state forest service and am mistaken for federal forest service often! the disdain folks have for these people for shitting on them is unreal. I am all for the little guy, get em sir!
@kenbrown2808
@kenbrown2808 Жыл бұрын
Being in Montana, there probably isn't any other access road. and yeah, advertising it to tourists crosses a line.
@KabobHope
@KabobHope Жыл бұрын
It would be interesting to see the plat.
@davesnothere8859
@davesnothere8859 Жыл бұрын
it is happening all over the west, they are trying to lock federal land so they can use it as theirs while locking out the rest of us.
@kenbrown2808
@kenbrown2808 Жыл бұрын
@@KabobHope i would guess it's just a big rectangle, and the access road is also the driveway.
@BlackJesus8463
@BlackJesus8463 Жыл бұрын
That ranger should be banned from government employment.
@harveywallbanger1738
@harveywallbanger1738 Жыл бұрын
and interacting with humans.
@rogergriffin9893
@rogergriffin9893 11 ай бұрын
Thank God for attorneys that can take these kind of cases.
@christophernuckolls9964
@christophernuckolls9964 Жыл бұрын
The piece of human garbage who said, "sue us" needs to pay out of pocket for all losses and court costs.
@rhoonah5849
@rhoonah5849 2 ай бұрын
Sadly that is the position of many government officials, including cops.
@magician2020
@magician2020 Жыл бұрын
This defines exactly why I love our country but fear government. They are abusive and thugs.
@bikebudha01
@bikebudha01 Жыл бұрын
Yeah, 'government' is out to get you... Moron. In this very story, the GOVERNMENT courts will be the ones to set the Forrest Service straight, and get this man his property back.
@Dont_Tread_On_Me
@Dont_Tread_On_Me Жыл бұрын
When government fears the people, there is liberty. When the people fear the government, there is tyranny. We must all strive to be men that inspire fear.
@magicdinsmore3107
@magicdinsmore3107 Жыл бұрын
I agree about the government but in this case I think the USFS has it right.
@Dont_Tread_On_Me
@Dont_Tread_On_Me Жыл бұрын
@UCuoW7khJ4U9tocJ-wRiMcgA you are projecting. I pity you.
@bikebudha01
@bikebudha01 Жыл бұрын
@Unbroken what didn't we hear? where is this tyranny you are crying about? I notice the government isn't preventing you from speaking your mind. turn off faux news, go outside, get a life...
@garyvee6023
@garyvee6023 Жыл бұрын
I didn't get on with my father, but 1 thing he did teach me was "a man was as good as his word and a handshake was binding". He once had a farm that he sold with a handshake whilst in a pub having a beer..., next day somebody offered him a LOT more money..., even though there had been no papers signed, Dad refused the money (even though we really needed it) because he gave the man his word.
@waianaegal744
@waianaegal744 11 ай бұрын
Put a gate across lock it deliver a key to the forest service office, make sure you have a witness and or video recording of delivery and enough said... they have access. USFS is notorious for such crap.
@markdaniel8740
@markdaniel8740 Жыл бұрын
Why is the government fighting it? Because a bureaucrat with an ego would rather use taxpayers money to out spend a citizen than admit that he is wrong. The bureaucrat should pay that man personally for the unnecessary trouble.
@denisemarie6997
@denisemarie6997 Жыл бұрын
"You put one of our cats in the hospital, we put one of your humans in the morgue" Sean Connery, in "The Untouchables" Look it up.
@tuomasholo
@tuomasholo Жыл бұрын
My gut tells me Steve enjoys David vs Goliath court battles. Pacific Legal Foundation and The Institution for Justice are two organizations that deserve our help.
@silverjohn6037
@silverjohn6037 Жыл бұрын
Is there any legislation or regulations in place in the US that allows penalties for a government official that behaves in deliberate legal obstruction or "vexatious" prosecution because they can rely on the taxpayer to foot the legal bill for them? If not, you might want to be asking your representatives in congress why.
@JohnDoe-qz1ql
@JohnDoe-qz1ql Жыл бұрын
Just the Opposite, they're privileged protections from actions taken in office.
@Fatazz
@Fatazz Жыл бұрын
See, 'Qualified Immunity'.
@silverjohn6037
@silverjohn6037 Жыл бұрын
@@JohnDoe-qz1ql Is that an actual law or provision of the constitution or is it just something like Presidential privilege that someone made up and no one has ever called them on it?
@JohnDoe-qz1ql
@JohnDoe-qz1ql Жыл бұрын
@@silverjohn6037 Made up Judicial hocus pocus.
@davidfrederick9973
@davidfrederick9973 Жыл бұрын
@@silverjohn6037 It's a precedent established by the Supreme Court, whereby State actors can't be sued for acts made as part of their job, as long as such acts are arguably legal. In practice, unless they violate an already clearly established constitutional right, you can't sue them. The intent was to provide cover for acting in unestablished areas of the law (example: cop knows your license is suspended, and sees your car out driving. Can he pull your car over even though he can't see whether it's you or not? As it turns out he can, but had it been decided otherwise, QI would protect the cop.), but in practice it gets used a lot to cover malfeasance as they think up new ways to violate your rights.
@RoyatAvalonFarms
@RoyatAvalonFarms Жыл бұрын
When beaurocrats and govt employees lose lawsuits like this, they should be personally held accountable for everything up to paying for the legal costs, losing their job and prohibited from ever working for govt again and even going to prison. That will ultimately stop govt from abusing civil and property rights of Americans.
@deidrabrey4043
@deidrabrey4043 Жыл бұрын
Thank you for this video. Wish I had seen it a year ago. I am having this issue too. A thin 35 x 80 foot county easement along my frontage that allows them to maintain a pipe that exits the road onto my land. Neighbors view it as "state land, county land, public property," etc.... have even been told by Miss Utility they will not mark the utilities there because "it's not your land!" LOL..... people walk in there then walk the woods for 400 feet on my land. I need county approval for any improvements excepting a fence. The county yelled at me when I checked to see if they agreed with my interpretation of the easement language and so I promised not to put one up. Now I am going to do that plus a Private Property No trespass sign. The easement instructions are explicit that it is our land and the county has an easement for maintenance of that pipe alone. Awesome video. Thanks Steve.
@donmulder8061
@donmulder8061 Жыл бұрын
Put the signs up visible from the road but a hair outside the easement. Place trail cams. Issue trespass warnings to any violators.
@mattwilliams3456
@mattwilliams3456 Жыл бұрын
The ranger is very fortunate the man with these type of ideals didn’t tell him there was another option beyond suing.
@BlackJesus8463
@BlackJesus8463 Жыл бұрын
forealz! that guy is tempting fate.
@roberteltze4850
@roberteltze4850 Жыл бұрын
But the ranger is just the face of the bureaucracy. No matter what you may do to him personally it won't fix the problem.
@magicdinsmore3107
@magicdinsmore3107 Жыл бұрын
I'm actually for the Forest Service on this one... but you are right there are other options for some individuals! (P.S. I don't carry the best of light for the USFS either but I hate when people try to block off established NF access points.)
@thadsmith2889
@thadsmith2889 Жыл бұрын
Yeah, I think if that official would have leaned back in that tax payer bought chair and told me to sue them he would not have been in that chair very long after that.
@dropshot1967
@dropshot1967 Жыл бұрын
@@magicdinsmore3107 The point of this case is, that this was not, and was never intended to be, access for the general public to the NF. It is private property with limited access for the forest service.
@larrykeller4174
@larrykeller4174 Жыл бұрын
Steve, in my opinion . We have a "Legal System" ,not a justice system. I sure wish it had not become an industry. This guy has a chance here. That is good news. Keep us updated on this one please.
@diablominero
@diablominero Жыл бұрын
Some of the things the system does are illegal too, not only unjust.
@daleallen7634
@daleallen7634 Жыл бұрын
@@diablominero : Note the quotation marks around the words "Legal System", or did you fall asleep in English class the day the teacher was explaining the various uses of quotation marks?!?!
@user-do9ct5ed1y
@user-do9ct5ed1y Жыл бұрын
Actually it's called the"criminal" justice system. That is accurate if you ask me.
@GorillaCrewWarGaming
@GorillaCrewWarGaming Жыл бұрын
@@daleallen7634 🤣🤣🤣
@rogerszmodis
@rogerszmodis Жыл бұрын
It’s never been about justice. They even made a law for it that required non slave states to return escaped slaves to the shithole states even after they had reached civilization. Then instead of legislating slavery away they had a war to see if it got to stick around. Presumably because it still had a chance to stay. I agree with the general who wanted to burn the south to the ground and start over again. Should have let him.
@jayjudd6518
@jayjudd6518 11 ай бұрын
❤❤ HE WILL never get that settled in his life time. Vietnam veteran has to be at least 75. Bless his heart ♥️.
@EarthIsNotFlat
@EarthIsNotFlat Жыл бұрын
A government agent who violates someone’s rights, especially upon being out on notice, if they persist and make them fight it, and the court finds against them, should have penalties taken out of their pension.
@2olvets443
@2olvets443 Жыл бұрын
SCOTUS honored the contract/treaty the indigenous peoples had in OK. If they stay true to law it should be slam dunk.
@niklar55
@niklar55 Жыл бұрын
The man should put up notices stating that his property is private, and public access is prohibited. Then put gates across the road, with notice that only forest service has a right to access. Then let the Forest service try and prove that the public has an access right. In addition, if it's a possibility, he should sue for the easement to be cancelled due to it being abused by the forestry department. .
@knerduno5942
@knerduno5942 Жыл бұрын
It seems signs have been put up to direct "public access" to that road. He should cut them down, and put up a locked gate.
@niklar55
@niklar55 Жыл бұрын
@@knerduno5942 If he damages the signs, he may be open to being sued. Better to just put his own signs in front of them, so they are obscured. .
@Vegas_man
@Vegas_man 11 ай бұрын
If you place a couple of big boulders in the road, it may be a deterrent also. Make the Government take him to court and hash it out. Once they misused the easement, it becomes a breach of contract. Of course, like you said, the potential of corruption is always possible.
@villagelightsmith4375
@villagelightsmith4375 Жыл бұрын
Any bureaucrat that drags his feet on protecting that man's property, the easement, should experience the full wrath of the Federales'. I gave away such a property because it had no legal easement.
@briangarrow448
@briangarrow448 Жыл бұрын
I vacationed with a veteran friend who lived in Montana on a piece of property that was part of a development for veterans. The original land owners dedicated the property to the memory of their son who died serving our country. About 50 vets and their families lived in the area along one of the forks of the Bitteroot River. It was the closest piece of land to heaven I have ever seen. I walked to the river and fly fished every day I was there. The only negative was the cold winters. I’m talking about minus 25 degrees below zero. My kids still talk about our visits there, and we haven’t been there in over 30 years.
@danielj622
@danielj622 Жыл бұрын
This is in the Bitteroot valley, near Conner.
@EZurg
@EZurg Жыл бұрын
It's almost 0 degrees today. Perfect day to wear shorts.
@xusmico187
@xusmico187 Жыл бұрын
wish i knew about this place, really need to relocate
@thepain321
@thepain321 Жыл бұрын
Been trying to move there for +30yrs. 😞 Beautiful land.
@sandyseward522
@sandyseward522 Жыл бұрын
Little by little, inch by inch our God given rights the moment we're born are being carved away.
@clementthurn1992
@clementthurn1992 Жыл бұрын
Good for him !!!!!!!!!!! Best of luck...shame on the Feds !!!!!!!!!!!!!
@HH-ru4bj
@HH-ru4bj Жыл бұрын
Ya know, it used to be a real thought in the back ones mond, that if you push someone hard enough, you might win but you won't live to long enough to enjoy it when you cross the wrong person.
@mike-sk2li
@mike-sk2li Жыл бұрын
Marvin Heemeyer ring a bell? The county/city did basically the same thing to him. Built a road through his property cut off access and then started fining him into oblivion. He made a big F you statement with a bulldozer
@HH-ru4bj
@HH-ru4bj Жыл бұрын
@@mike-sk2li ah, killdozer, yes. Well there's aot more to the story there, like they cut his utilities and wouldn't let him file complaints.
@ericvoge6678
@ericvoge6678 Жыл бұрын
Sometimes reasonable men must do unreasonable things.
@norml.hugh-mann
@norml.hugh-mann Жыл бұрын
@@ericvoge6678 that's called a temper tantrum and Ll he accomplished was people getting fat insurance checks and leaving this world infamous but having accplished nothing but destroying property of innocents not involved and govt stuff the public pays for
@quademasters249
@quademasters249 Жыл бұрын
What shocks me is how seldom it happens. Cops gun down someone's kid. Government takes someone's property. Local compliance officers charge people 10,000 for parking on their own grass. All these things happen and even in our heavily armed society vigilantes are still quite rare.
@glee21012
@glee21012 Жыл бұрын
I remember when the FEDs shot someone's dog, in a place called Ruby Ridge. That guy wanted to be left alone also, and that turned into a real S**t Show.
@ziggenplays1208
@ziggenplays1208 Жыл бұрын
Sometimes, reasonable men are forced to do unreasonable things.
@rjay7019
@rjay7019 Жыл бұрын
Yes Sir 👍
@calvinduke1553
@calvinduke1553 Жыл бұрын
I feel kindred to this man. I chose a college that teaches blacksmithing, masonry, timberframing, and traditional architecture.
@rickhofsess84
@rickhofsess84 Жыл бұрын
STEVE, Perfect!! It's an easement for a specific purpose as defined in the document. I've reviewed hundreds of these when doing ALTA surveys. Good on you for making it clear that the Gov has no more rights than you or I. The Mountain Man is right on! I'm a Professional Land Surveyor and in no way purport to be an Attorney. I read the document as the grantor did and show it on my survey as the parties in the agreement said. Rick Hofsess PS
@guygardner8308
@guygardner8308 Жыл бұрын
"You can always sue us". Malicous complaince activated!
@Curmudgeon2
@Curmudgeon2 Жыл бұрын
Years ago I had a cousin in Atlanta (and a few local attorney friends) that had nice cars houses cloths etc: BUT, when they went to small towns they had the cheapest, black Ford made and some inexpensive suits with poly ties because they did not want to be the BIG CITY lawyer come to town...you "dress" for the occasion.
@norml.hugh-mann
@norml.hugh-mann Жыл бұрын
Or you hire locals to assist
@60sSam
@60sSam 4 ай бұрын
NEVER agree to an easement. EVER.
@toddtavares7386
@toddtavares7386 Жыл бұрын
This case could have far reaching consequences...like the agreement to have a representative in Congress from the Cherokee Nation???
@txhookey5608
@txhookey5608 Жыл бұрын
I wish them success, land ownership and easements should be protected from abuse. To many cases of private land near public land that is not respected as private.
@ptrinch
@ptrinch Жыл бұрын
Suing the government is a pain in the ass. The better approach is to start towing any car parked on his property then tell them to sue him.
@JohnDoe-qz1ql
@JohnDoe-qz1ql Жыл бұрын
Or Blocking the easements entirely! Govct Already broke the contract, renig the contract.
@KabobHope
@KabobHope Жыл бұрын
​@@JohnDoe-qz1ql This is the way. Let the government sue him.
@JohnDoe-qz1ql
@JohnDoe-qz1ql Жыл бұрын
@@KabobHope He'd open himself up to individual suits Also.
@KabobHope
@KabobHope Жыл бұрын
@@JohnDoe-qz1ql I take it only government land is accessed by the road. Who would be the individuals? I'm not sure anyone else would have standing.
@JohnDoe-qz1ql
@JohnDoe-qz1ql Жыл бұрын
@@KabobHope It could be argued in court they Did indeed have permission from the Forest Service as they put up signs and promoted access. It would circle right back to the same initial problem, but now he'd have additional legal bills. Oh sorry, the whole issue was the easement being used for public use. You didn't see the video?
@Doc-kk3vv
@Doc-kk3vv 9 ай бұрын
Just ask the American Indians about how well the government keeps its word.
@dukeman7595
@dukeman7595 Жыл бұрын
$100.00 Bill located. Located behind a WABX 99 sign. I like this game, keep it up Steve..
@AppalachianRancher
@AppalachianRancher Жыл бұрын
My brother and nephew live right by there just asked nephew if they've been on that road he said yep its posted public land. He didn't know easement had restriction.
@WN_Byers
@WN_Byers Жыл бұрын
No foul on your family, but locals not knowing about the easement is a shame.
@57WillysCJ
@57WillysCJ Жыл бұрын
Saddly this has to go to the Supreme Court. The lower courts couldn't handle a basic contract. A contract with the government is not a sure thing.
@robertberglund8321
@robertberglund8321 5 ай бұрын
When this guy wins the lawsuit, that park ranger should be forced, humbly with hat in hand, and apologize to this "Mountain Man."
@TheSiriusEnigma
@TheSiriusEnigma Жыл бұрын
At minimum, If I were him, I would ask the court to terminate the easement.
@1014p
@1014p 2 ай бұрын
Yup, they want to break the terms. They broke the right to the easement. If they wanted a new route for travelers then renegotiate. My response would be responsible for any theft plus $3000 a month fee to keep the negotiated route open. Miss a payment the route is closed with a sign saying Forestry Missed a Payment.
@joncrow3228
@joncrow3228 Жыл бұрын
If the federal government isn’t going to abide by its agreements, something is VERY wrong. This is the sort of thing that caused the creation of a particular Constitutional Amendment.
@SiguysGaming
@SiguysGaming Жыл бұрын
Thou shall not infringe
@GamesFromSpace
@GamesFromSpace Жыл бұрын
Uh, ask some natives how good the government is at obeying their own agreements.
@karlrovey
@karlrovey Жыл бұрын
The government is quite good at not abiding by its agreements.
@frankburklin1116
@frankburklin1116 Жыл бұрын
Ha ha ha ,The Feds keeping their word only way that happens is if a magnafineglass glass is on em and they'll pay he'll if they screw you.
@joncrow3228
@joncrow3228 Жыл бұрын
Actually, I AM a Native American. We still suffer under the oppression of a government that can only be relied upon to break its word.
@domfer2540
@domfer2540 Жыл бұрын
I have easement on my property in Florida. The easement is taxed as property, but can only be used by county. Anyone attempting to cross the easement is trespassing.
@JohnDoe-qz1ql
@JohnDoe-qz1ql Жыл бұрын
I presume the gentleman's contract has similar prohibitions except the Forest Service now wants to do as they please.
@cliffmorgan31
@cliffmorgan31 Жыл бұрын
The ARROGANCE of government… at all levels.
@TheVagolfer
@TheVagolfer 20 күн бұрын
"An agreement with the government is no agreement at all." Ronald Reagan
@johnpatrick1588
@johnpatrick1588 Жыл бұрын
If the government knowingly violated the easement does it mean the landowner can revoke the easement?
@beachykeen1263
@beachykeen1263 Жыл бұрын
I used to work in Right of Way and I hope that easement proves the govt is violating the original intended use.
@christopherkidwell9817
@christopherkidwell9817 Жыл бұрын
The original intended use has to bow to new facts of the matter. If there is nowhere else to send people to get through this area, the easement can be expanded. They have done this numerous times to various people in W. Va. and the W. Va. courts have said "I'm sorry... it is legal."
@joehackney4828
@joehackney4828 Жыл бұрын
The Govt' always keeps their words. Ask any Native American.
@stevenmartin3044
@stevenmartin3044 11 ай бұрын
Steve, Curious question: Could the land owner(s) install an access gate with a multitier lock system so that forest service can access as well as the property owners can access? just curious.
@mattm340
@mattm340 Жыл бұрын
I do a lot of camping, fishing and some 4x4ing in National Forests. I have ran into several gates and no trespassing signs put up across USFS Roads by private land owners. Many of these roads were historically maintained by the Forest Service or State Highway Authority for public use. Many of these were on historic right-of-ways and public turnpikes, and the de facto road closures limit or prevent access to land that is owned by every American. That said, I feel for this mountain man. If the easement specified limited use, then the Forest Service should honor their word. Also let's hope the district supervisor or whoever gets in trouble for laughing. This might not have turned into a lawsuit using our tax money if he had just politely said "I'll look into it"
@robertmiddleswarth4770
@robertmiddleswarth4770 Жыл бұрын
Unfortainly it wont hurt the SOB who laughted at him unless the suit was also filed agaist him as well and in many cases the government will still pay to protect the POS. However the government also hates headaches and this guy might find his next job is in alaska 300 miles away from the newest starbucks.
@snaplash
@snaplash Жыл бұрын
@@robertmiddleswarth4770 Won't the local FS branch then have pay to set up and maintain a gate to keep the public out, since signs aren't working?
@FR-tb7xh
@FR-tb7xh Жыл бұрын
You’ve ZERO business on privately posted property, regardless of whether or not the feds have an easement on it! If a fed easement is open to the public, it will be posted as such. To think otherwise is like saying, because it’s federal, I can walk around in the White House.
@mattm340
@mattm340 Жыл бұрын
@@FR-tb7xh most of them are 100% open to the public, they are posted USFS Roads on the motor vehicle use map. These gates have the same legal authority as if I put a gate and no trespassing sign over the sidewalk in front of my house.
@ericgulseth74
@ericgulseth74 Жыл бұрын
I spend time in the Adirondacks of upstate NY and it is a patchwork of public and private lands. The State has many easements though private lands to access the public lands and I do my best to avoid anything to abuse those easements, lest we lose them. Unfortunately there are real idiots out there making things hard. With such a high population only a few hours away, overuse is becoming a problem too. The Ausable Club sits in the heart of the High Peaks region of the Adirondacks and the huge draw brings hundreds daily to the easement in the summer and they have created a permit system to try to appease Club members. We'll see where this all goes.
@dougjones9493
@dougjones9493 Жыл бұрын
Next thing you know Jeds a millionaire. Does the easement say unrestricted access? If not put up gates and have them request access.
@matthewpatton8693
@matthewpatton8693 Жыл бұрын
I do not understand why something so clear cut has made it to the Supreme Court. I would think that even the local County Dog Catcher could look at the agreement and make a ruling on it based on the facts of the agreement. There is no way that an appellate court could agree with the federal government. Our government, a government for the people by the people, NOT. You know that if the property owner was in violation of the agreement they sure would take action. If this was the ranger's property that told the man to just so them he would be fighting the forest service for his rights. Why is it so hard for the "government" to put themselves in the same shoes as the people that they are doing wrong to?
@naturalPaths
@naturalPaths 11 ай бұрын
I grew up on one of those properties. It was wonderful. One of our two [not close by] neighbors did make an arrangement with a logging company. Lucky for us, the company never abused us. (I live in FL now.)
@tygerion4404
@tygerion4404 Жыл бұрын
I'm somewhat reminded of a story I heard second-hand from my family, regarding my great-grandpa. He was a WW2 army veteran, and after he came home he was a farmer the rest of his life, until he passed a few years ago. Before I was born, he owned land in an area that's currently a lake. When the government was wanting to set up a dam, they came along and bought his land. The government later wound up buying the land he got with the money from that sale off him later. If the government needs people's land so much, why can't they just but it like anyone else? As the government, they may be allowed to force the sale for a fair price; that's reasonable... But the fourth amendment was created specifically to forbid the government from essentially stealing people's property like this. The government should not be permitted to simply seize control of someone's property. Unreasonable seizures are not supposed to be a thing...
@mikeremski2102
@mikeremski2102 Жыл бұрын
Massachusetts, look up the history of the Quabbin. Boston needed water so they emminent domained 4 towns in western mass and built a dam.
@norml.hugh-mann
@norml.hugh-mann Жыл бұрын
What he said
@seanclark8452
@seanclark8452 Жыл бұрын
Sometimes they do. Of course they don't pay anything near fair market value...
@solandri69
@solandri69 Жыл бұрын
Eminent Domain exists to avoid the scenario where the government is e.g. trying to build a highway (or dam), and everyone who owns land along the path sells, but one guy refuses thus holding up the entire project. In that situation, the government can coerce him to sell against his will. I've actually been involved in an eminent domain case (I was GM of a resort, and the city was trying to build a road through our undeveloped land we used as hiking and educational nature trails). There are a bunch of conditions the government has to meet to prove the eminent domain seizure is in the interest of the public good. So it's not like there are no safeguards. Unfortunately the SCotUS decided (5:4) in Kelo v. City of New London that the government could seize private property using eminent domain, for the purpose of handing it over to another private party. Like that can't be abused... That severely weakened protection against eminent domain.
@philiphiggins3653
@philiphiggins3653 Жыл бұрын
Eminent Domain, they steal all the time, Civil Asset Seizure, they rob all the time, Income tax, what's equitable about that? The government should not... Ask any Indigenous.
@paulwolf8444
@paulwolf8444 Жыл бұрын
In today's day and age, bureaucracies are starting to ignore recent court orders.
@havenbastion
@havenbastion Жыл бұрын
No accountability.. why not?
@everettplummer9725
@everettplummer9725 5 ай бұрын
In the movie, Billy Jack, he said that the government made 300 treaties with the Indian nations, and they have broken 300 of them...
@thegiant573
@thegiant573 Жыл бұрын
Worked so well for the Native Americans.I hope this guy wins, keep us updated.
@kerbo5918
@kerbo5918 Жыл бұрын
Good luck to the mountain man. Keep us updated Steve.
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