'Mountain Man' Takes Feds to Court for Abusing Easement

[@msmolly3082]

If they are "violating the easement", they are violating the "contract" made with him and should be made to forfeit the easement.

[@shaynegadsden]

That's what i hope he argues and wins

[@jonathanjones3126]

And all of the lawyers legal costs

[@Kelters]

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]

And the laughing tyrant should lose his job.

[@ThereIsNoOtherHandleLikeMine]

"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.

[@darrylbarker505]

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]

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]

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]

And how, exactly, did they force him to incriminate himself?

[@mistered4421]

Historically, the U.S. government has a bad record for honoring their agreements.

[@andreamoore6477]

right-- pikachu surprise face.....not the govt'...they're always so honest...NOT biggest liars in the world.

[@Word2theM]

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]

It's Government, never to be trusted

[@daves.software]

The pension of the bureaucrat responsible for escalating this should be on the hook for paying the legal fees.

[@sewing1243]

"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]

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]

That's one of my favorite quotes of all time. Thomas Sowell rocks.

[@PayNoTax-GetNoVote]

​@BlackSmokeDMax Everyone has a right to be wrong. Glad to see you exercising your rights.

[@kristheobserver]

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.

[@pageveazey9874]

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]

@@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]

@@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]

​@@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]

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]

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.

[@dampierstucco5778]

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]

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]

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]

No, the government decided to fight the case instead of just apologising for the 'mistake'.

[@ericsmith1517]

@@TheBooban because the govt will just remove the barricade and likely just seize the property in question

[@truthsRsung]

@@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.

[@jackbelk8527]

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.

[@nunyabiznez6381]

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]

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]

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]

Exactly. Give them NOTHING. Some scumbag will eventually abuse it.

[@mikep490]

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]

@@mikep490 Oh, I am so very angry on your behalf. So sorry this happened!

[@jerryshelton1481]

Ask the Indian people how well the government keeps their word

[@kpdvw]

first the US Government practiced genocide on the Original Americans now they turn on the US Taxpayers with impunity...!

[@yourfullofsheite]

you mean African American

[@stonesbonesangroans]

@@yourfullofsheite Please read up on what happened to Native lands after the Trail of Tears and when the Dawes Act was started. Our best arable lands were literally given to White folk and then what was left over was given or sold to freed slaves. Many Natives have Black bloodlines because for most of us, the only way to get our lands back was to marry the Black person who was gifted or sold our lands. Black people were given a shit deal, no lie, but Blacks were considered of greater value in the eyes of Whites than Natives were/are, as we were considered worthless as slaves or servants. My great-great grandfather used to tell my grandfather that a common White comment in his times was, "The Native vermin best serve as fertilizer that our Blacks plow into our crop fields." Few comments say so much in so few words.

[@spazzypengin]

@@yourfullofsheite Can't feel bad when the "victims" just bring more onto themselves. Not everything is racist.

[@RyuWMFist]

​@spazzypengin please give more details and explain what u mean by your statement. it seems like u didn't connect whatever your main point is to the comment its under.... without that, one would just assume you are saying that history in america of the native Americans and african Americans "wasnt" racism 🤔.... according to u??? Is that the take away from your half explained opinion???

[@EdoKwin]

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]

I agree completely. Honor? What a concept!

[@edjohnson1788]

@@johnhouchins3156 Spot on!

[@Unsensitive]

@@johnhouchins3156 Honest, honorable men that stand by their word and commitments are rare now days.

[@jtjones4081]

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]

That's called a quote. Not a paraphrase.

[@frankney8284]

The government official that laughed at him should be named, shamed, and sued.

[@AaronCoakley]

Or commended for giving him the idea... Maybe he even wanted it

[@charlescouncill]

And tarred and feathered.

[@jwhiskey242]

Sued for what? Theres no case.

[@EngageYourFrontalLobe]

& fired

[@foremanhaste5464]

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.

[@wtf1185]

*_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]

Very well said

[@cliveadams7629]

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]

Not exactly "old fashioned", since conservatives generally like old fashioned stuff. Honesty and integrity? Not so much.

[@elanahammer1076]

Go Mountain man! It is so sad that honesty and integrity are considered old fashioned values! I completely agree with you!🤔❤🇺🇸

[@steveniemyer9288]

The mountain man won his case in March 2023.

[@PristinePerceptions]

Correction: no, the Supreme Court only enabled him to argue his case on merits. Meaning he still has to go back to court to fight it. The Forest Service was trying to get the case dismissed on procedural grounds. The judgement was 6-3 with Justice Sotomayor writing for the majority, and Justices Thomas, Alito and Roberts in dissent.

[@klee88029]

@PristinePerceptions Thank you for the additional information. I will keep rooting for him, per Steve's encouragement. ​🎉🧓

[@tinderbox218]

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]

Not to mention that the Supreme Court we have now is a damn joke packed with criminals!

[@daviddawkins2829]

Probably sided with MM and giant pockets appealed.

[@MIchaelArlowe]

Or the lower courts just decided to pass the buck.

[@1014p]

True most likely even though the easement language is crystal clear.

[@dennisyoung6122]

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_]

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.

[@David-q3k9e]

Just don't bother with the oppressive cost of court. Rope is cheaper.

[@jonahzablow2132]

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]

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]

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]

@@edjohnson1788 he'd be lucky if he got out of such a situation alive at all.

[@styleisaweapon]

@@jonahzablow2132 one thing I am sure of is that the act of violating a contract is not criminal

[@rmhartman]

Supply the forestry service with keys to the gate.

[@UmmmmmmmWhat]

Feds are 100% in the wrong here. No ifs, ands, or buts.

[@jimboha]

Beg to differ: There is at least one butt here...

[@mikezupancic2182]

The court already ruled against him a few times

[@GARDENER42]

@@mikezupancic2182 That doesn't mean the feds are right. It just means they have clever lawyers.

[@mikezupancic2182]

@Gardener42 no, it means the final say of the government has agreed twice.

[@HarrisonCountyStudio]

@@mikezupancic2182 of course the government is going to agree with itself. That’s kind of the point.

[@thatjoeguy7348]

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.

[@timothysemple4740]

I would gate the road and place a large sign "For logging and forestry maintenance only, call for access and appointment".

[@tomaldous6192]

I wish the Mountain Man a speedy win in this lawsuit.

[@HealingSwordsman]

Man for the gov rep to say "Just sue us" what an abuse of power, public trust, absolutely no honor.

[@Drebin2293]

'Just sue us.' 'You're lucky I don't make you eat through a straw.'

[@truthsRsung]

​​ ...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]

@@truthsRsung Stop glorifying a bully.

[@Drebin2293]

@@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]

Don't "triple dog dare" someone who will take on the challenge.

[@jimlongley9531]

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]

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]

I'm very sorry for the loss of your wife.

[@Dave19812506]

The emi from thatr swtich station would have made the phone and cable lines useless from the noise induced by the switch station.

[@SLDM1962]

I am 100% with Mountain Man. Please keep us posted.

[@patrickdurham8393]

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]

Sounds like a dream to me 👍

[@patrickdurham8393]

@@junkman8742 Lol, I won't be able to hear or smell them over my own!

[@magician2020]

This defines exactly why I love our country but fear government. They are abusive and thugs.

[@bikebudha01]

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]

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]

I agree about the government but in this case I think the USFS has it right.

[@Dont_Tread_On_Me]

@UCuoW7khJ4U9tocJ-wRiMcgA you are projecting. I pity you.

[@bikebudha01]

@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...

[@mitchzombek3984]

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]

WE had a shared access gate with 2 utilities, there were 3 locks daisey chained together, one for each of us.

[@nunyabiznez6381]

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]

@@nunyabiznez6381 that would be the destruction of personal property

[@coop5329]

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]

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.

[@redarcher1416]

Amendments need to be passed that ban bureaucrats who lose the cases from ever working for the government again.

[@brendalakios9491]

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]

Nice!

[@alliecollin1748]

👍💪😂💕

[@justicedemocrat9357]

I don't understand how did logs stop cars but not trucks?

[@HeirloomFarmstead]

@@justicedemocrat9357 It’s referring to big trucks (tractor trucks or 18-wheeler) they have the ground clearance to not bottom out

[@edevos3108]

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.

[@AFloridaSon]

I really hope he wins. If he does, this would be a victory for all of us, in a round about way.

[@TyroRNG]

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]

@@TyroRNG 4th amendment- 5th amendment- 8th amendment violations.

[@magicdinsmore3107]

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]

@@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]

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.

[@roycsinclair]

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]

That's the government motto

[@pyrotech7210]

Give the government an inch and they'll take 3000 miles

[@BlackJesus8463]

That ranger should be banned from government employment.

[@harveywallbanger1738]

and interacting with humans.

[@iamgabriel5823]

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]

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]

@@MrEurotechno and somehow, it gets worse under private control

[@edevos3108]

@@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.

[@rcsontag]

The man who said "sue us" should have been named in the lawsuit for refusing to abide by the agreement.

[@2olvets443]

SCOTUS honored the contract/treaty the indigenous peoples had in OK. If they stay true to law it should be slam dunk.

[@darthgorthaur258]

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...

[@larrykeller4174]

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]

Some of the things the system does are illegal too, not only unjust.

[@daleallen7634]

@@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?!?!

[@Shirli-e4b]

Actually it's called the"criminal" justice system. That is accurate if you ask me.

[@GorillaCrewWarGaming]

@@daleallen7634 🤣🤣🤣

[@rogerszmodis]

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.

[@AlternativeHomesteading]

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]

Yeah it is called. THE GOOD OLE BOY NETWORK ❤❤😂😂🎉🎉🎉

[@AlternativeHomesteading]

@@Steven-nj8le psychopaths

[@rogue13131313]

Question is.... If its a slam dunk, why has it made it to the supreme court

[@alphax4785]

Because the government (and that includes the judiciary) are the lowest.

[@tuomasholo]

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.

[@loosemoose9799]

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]

High Creosote Fire Wood.

[@loosemoose9799]

@@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."

[@SB_McCollum]

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]

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]

Bo such thing as a "local outfit" in the Forest Service. They are run from the top down like all fed depts

[@mytech6779]

Watermelons. Green on the surface and socialist right to the core.

[@bugsy101ify]

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

[@JKiler1]

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.

[@mattwilliams3456]

The ranger is very fortunate the man with these type of ideals didn’t tell him there was another option beyond suing.

[@BlackJesus8463]

forealz! that guy is tempting fate.

[@roberteltze4850]

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]

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]

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]

@@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.

[@garyvee6023]

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]

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.

[@briangarrow448]

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]

This is in the Bitteroot valley, near Conner.

[@EZurg]

It's almost 0 degrees today. Perfect day to wear shorts.

[@xusmico187]

wish i knew about this place, really need to relocate

[@thepain321]

Been trying to move there for +30yrs. 😞 Beautiful land.

[@deidrabrey4043]

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]

Put the signs up visible from the road but a hair outside the easement. Place trail cams. Issue trespass warnings to any violators.

[@annasdad8008]

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.

[@hardboiledfrog]

In this case, the man should be compensated by removing the easement completely. Any time government so clearly abuses its citizenry, it should be held accountable and punished in excess as a lesson for future officials.

[@silverjohn6037]

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]

Just the Opposite, they're privileged protections from actions taken in office.

[@Fatazz]

See, 'Qualified Immunity'.

[@silverjohn6037]

@@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]

@@silverjohn6037 Made up Judicial hocus pocus.

[@davidfrederick9973]

@@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.

[@kenbrown2808]

Being in Montana, there probably isn't any other access road. and yeah, advertising it to tourists crosses a line.

[@KabobHope]

It would be interesting to see the plat.

[@davesnothere8859]

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]

@@KabobHope i would guess it's just a big rectangle, and the access road is also the driveway.

[@buggsy5]

It doesn't matter if it is the only access road - other access roads could certainly be built in the forest itself.

[@kenbrown2808]

@@buggsy5 funny thing. forests don't have grid layouts. "just build another road" isn't always an option.

[@markdaniel8740]

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.

[@stumphole8217]

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!

[@txhookey5608]

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.

[@Grizz270]

Why can't they be held accountable for knowingly violate a contract? ...it could stop all kinds of beuarocratic abuse

[@illessen8995]

It's the government... they hold themselves accountable. That's why. When you hold yourself accountable, it's impossibly easy to justify your own wrong doing because 'eh who's gonna punish me but myself'. Then they go home and sleep like a baby because they don't have to follow all the same rules the peasants have to so they're in essence royalty and near untouchable.

[@EnthalpyAndEntropy]

@@illessen8995 that's great... till someone gets shot and permanently disappears.

[@nunyabiznez6381]

The only way to ever hold the government accountable for anything is to not vote for them in the next election.

[@Grizz270]

@@nunyabiznez6381 well I presume the ones running the sanitation department are not elected officials....hold them accountable but yes vote the others out to

[@EnthalpyAndEntropy]

@@nunyabiznez6381 false. You're letting tyrants off if you just let them go. Oh no, they have to get a real job? The horror!! They bleed like we bleed, bud.

[@niklar55]

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]

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]

@@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. .

[@jimcason6050]

Once again, how many judges has this went through? I assume an initial circuit judge. An appeals panel of judges... I'm of the firm belief that this should not have gotten this far and judges are the ultimate enablers of government misconduct.... from bad policing behavior, to bad municipal behavior, prosecutorial misconduct, all the way to federal misconduct like this. Fix our judicial branch and put some direct accountability in place and most of our other problem with government violating people's right will go away or at least be reduced.

[@stevenjones3248]

Imagine that... A branch of the United States government entered into an agreement and then breached the agreement... American Indians can speak on behalf of this... I would put a stop to any usage.

[@kerbo5918]

Good luck to the mountain man. Keep us updated Steve.

[@57WillysCJ]

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.

[@joncrow3228]

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]

Thou shall not infringe

[@GamesFromSpace]

Uh, ask some natives how good the government is at obeying their own agreements.

[@karlrovey]

The government is quite good at not abiding by its agreements.

[@frankburklin1116]

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]

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.

[@rogergriffin9893]

Thank God for attorneys that can take these kind of cases.

[@matthewpatton8693]

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?

[@AppalachianRancher]

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]

No foul on your family, but locals not knowing about the easement is a shame.

[@HH-ru4bj]

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]

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]

@@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]

Sometimes reasonable men must do unreasonable things.

[@norml.hugh-mann]

@@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]

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.

[@Curmudgeon2]

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]

Or you hire locals to assist

[@TheVagolfer]

"An agreement with the government is no agreement at all." Ronald Reagan

[@benmoore1097]

Gov NOT upholding a LAND CONTRACT, and taking more then they should??? Who woulda thought..... *Sighs in Cherokee*

[@guygardner8308]

"You can always sue us". Malicous complaince activated!

[@domfer2540]

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]

I presume the gentleman's contract has similar prohibitions except the Forest Service now wants to do as they please.

[@paulwolf8444]

In today's day and age, bureaucracies are starting to ignore recent court orders.

[@havenbastion]

No accountability.. why not?

[@randallkelley3600]

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

[@jayjudd6518]

❤❤ HE WILL never get that settled in his life time. Vietnam veteran has to be at least 75. Bless his heart ♥️.

[@FarmRanchHomestead]

Steve, in a case such as this, is there any way to hold the government agents personally responsible? It seems to me that if they knowingly make a decision that is contrary to a written agreement, they should not be covered by the course/scope of employment, and therefore their defense should not be paid by the taxpayer. In fact, I believe that if such agent were required to personally cover the legal fees of both sides (assuming they lose in court), we would see a lot less of this type of abuse.

[@P_RO_]

The only way to gain a direct personal prosecution of any government employee or agent requires that you prove their actions were intentional, malicious against you directly versus their general behavior, and that they knew in detail that their actions were wrongful or illegal before they acted. Miss any of these points in even the smallest way and they're untouchable. This is why po0lice academies no longer teach the points of general law, but encourage recruits to know as little about it as they can to bolster their claims qualified immunity- which is legal.

[@ptrinch]

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]

Or Blocking the easements entirely! Govct Already broke the contract, renig the contract.

[@KabobHope]

​@@JohnDoe-qz1ql This is the way. Let the government sue him.

[@JohnDoe-qz1ql]

@@KabobHope He'd open himself up to individual suits Also.

[@KabobHope]

@@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]

@@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?

[@tygerion4404]

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]

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]

What he said

[@seanclark8452]

Sometimes they do. Of course they don't pay anything near fair market value...

[@solandri69]

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]

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.

[@villagelightsmith4375]

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.

[@calvinduke1553]

I feel kindred to this man. I chose a college that teaches blacksmithing, masonry, timberframing, and traditional architecture.

[@beachykeen1263]

I used to work in Right of Way and I hope that easement proves the govt is violating the original intended use.

[@christopherkidwell9817]

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."

[@dannicely737]

You go man stick up for your rights

[@mattm340]

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]

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.

[@FR-tb7xh]

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]

@@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]

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.

[@Dave19812506]

@@mattm340 No they dont, the easment on your property where the side walk sits is public access, a limited access easment like this has clear stated uses, trying to force use out side of that limited scope of use would infact give the property owner the right to block it off and post signage for forestry personnel to contact when they have need of access within the limited scope of the easment.

[@thegiant573]

Worked so well for the Native Americans.I hope this guy wins, keep us updated.

[@RoyatAvalonFarms]

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.

[@eur2030]

Even in cities this happens far too often, government bureaucrats and their "friends" ignore the local people's rights. Land is suddenly rezoned and multi storey office blocks built on local residential land , major new roads and bridges built next to peoples houses and no compensation or help. The bureaucrats will ignore the law and laugh at any suggestion of payment while they are collecting a fat paycheck. It needs to be much easier to sue the government and this type of bureaucrat for relatively small amounts ( a house value is small compared to their budget).

[@johnpatrick1588]

If the government knowingly violated the easement does it mean the landowner can revoke the easement?

[@buggsy5]

Unfortunately, no. Easements are often obtained despite the objections of the land owner.

[@glee21012]

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]

Sometimes, reasonable men are forced to do unreasonable things.

[@rjay7019]

Yes Sir 👍

[@Dave19812506]

Dont forget waco not long afterward, same bunch of clowns with the same attitude.

[@falcon127]

SEND THE GOVERNMENT OFFICIAL WHO MOVED BACK IN HIS CHAIR AND LAUGHED TO PRISON FOR LIFE! , GET THEIR ATTENTION.

[@Vegas_man]

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.

[@glee21012]

Judges rush for two things to eat lunch, and go home. Start at 10am, end by 11:30am, (EXTENDED LUNCH) pick up again at 1PM and end at 4pm. 3 1/2 hours of work a day basically.

[@johnplamann726]

OK I might have missed it but Steve says it's being considered for the Supreme Court, but what is the present verdict? is the property owner appealing it or is the National Forest? What did the District court say?

[@jacksonletts3724]

I’m also curious

[@gordonshumway7239]

I didn’t hear Steve specifically mention whether this is on appeal by the property owner or the government, just that it’s reached the Supreme Court. I presume at this point a trial court and an appeals court have ruled on the matter. I’d be curious how they ruled and on what logic. While listening, I was presuming that the property owner was appealing a loss. But then Steve said something about the government that had me questioning that presumption …

[@georgebooth2005]

Apparently they've ruled against the man, otherwise they wouldn't have appealed... 🤔

[@shadowfan115]

He said it was the property owner and his neighbor who are charging the government for breaking the easement

[@denisemarie6997]

"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.

[@christopherg2347]

Claiming Eminent Domain is not without issues. Such claims are probably checked by a different department. There is a decent chance they can not get the road claimed for one reason or another. That is probably why they fight this tooth and nail.

[@benjaminshropshire2900]

If a private citizen sues the feds and wins on the merits of the case, there should be an automatic judgment tacked on to cover 100% of the plaintiffs legal costs, including all billable hours at the highest reasonable rate demonstrable. If the feds try to drag out a cases where they aren't in the right, it should be a matter of "go ahead, your paying both sets of lawyers". (I might limit that to cases were the lawyers isn't already contracted to get a percentage of the award.)

[@elinope4745]

I grew up like this, I've made two promises in the last ten years. I believe the value of a person can be judged on how they keep their word.

[@everettplummer9725]

In the movie, Billy Jack, he said that the government made 300 treaties with the Indian nations, and they have broken 300 of them...

[@robertberglund8321]

When this guy wins the lawsuit, that park ranger should be forced, humbly with hat in hand, and apologize to this "Mountain Man."

[@Dave19812506]

Then be fired on the spot afterward for the abuse of taxpayer funds.

[@robertberglund8321]

@Dave19812506 Absolutely.

[@chets3597]

I had a class in college back in the eighties aimed at future natural resource managers and a large part of the curriculum was about acquiring and maintaining easements. I'm not exaggerating when I say that lawyering skills required to screw private landowners was discussed in lecture.

[@graygrumbler4253]

Like that man, I was born and raised in WV. I was raised by my mom and dad according to the same morals and principles. In my hometown your word is golden or nobody will even speak to you. Good for him for going after the forestry service.

[@christopherkidwell9817]

If you believe that is the case in W. Va... I've got enough stories from my relatives there that shows "No, it isn't!"

[@WN_Byers]

Chris not talking about van buren county. Jk im from wisconsin 😂

[@graygrumbler4253]

@@christopherkidwell9817 I was speaking for myself and my extended family not for the entire state. But there are regions of the state that do follow moral and principles. At least that was how it was when I left WV 41 years ago.