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Hefty vs. USFS 2012
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beebarjay



Joined: 30 Dec 2011
Posts: 230
Location: Central Oregon Coast & Az

PostPosted: Sun May 20, 2012 5:43 pm    Post subject: Hefty vs. USFS 2012  Reply with quote

This will be a discussion amongst miners discussing the current case possibilites dealing with Hefty and the stolen property from his claim by the USFS.

bejay
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Hefty



Joined: 30 Dec 2011
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Location: sacramento ca

PostPosted: Sun May 20, 2012 5:55 pm    Post subject: Reply with quote

Ok thanks Bejay. Where would you like me to start?
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beebarjay



Joined: 30 Dec 2011
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Location: Central Oregon Coast & Az

PostPosted: Sun May 20, 2012 6:01 pm    Post subject: Reply with quote

Well I would offer that it is wise to read the SWOMA info about your situation.  Then reference your threads on the GPAA forum.  That should aquaint those wanting to follow a basic understanding of what has happened so far. Then you had a court hearing or something a week ago Monday as I understand it.  What came of that?  Is it an open topic for others to see or are you limited to what is prudent to post.  Then where do you see your next action going.....as a result of your wanting to challenge the USFS authority.   Kind of like a chess game...what is your next move...or the USFS's move?

bejay
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GoldPatriot



Joined: 30 Dec 2011
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Location: Waldport, Oregon

PostPosted: Sun May 20, 2012 6:56 pm    Post subject: Reply with quote

Hefty;  The forum will also need to know who the "players" are in this case, besides yourself.
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Hefty



Joined: 30 Dec 2011
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Location: sacramento ca

PostPosted: Sun May 20, 2012 10:23 pm    Post subject: Players Reply with quote

Players so far are USFS Tahoe National Forest, American River Ranger District, Regional Office 5, Placer County Sheriffs.
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Hefty



Joined: 30 Dec 2011
Posts: 132
Location: sacramento ca

PostPosted: Sun May 20, 2012 10:29 pm    Post subject: Reply with quote

Please review these shortcuts...to get info on whats been happening.

http://www.jeffersonminingdistric...rty-from-california%20-miner.html

http://goldprospectors.org/forum/...steals-california-miners-property
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Hefty



Joined: 30 Dec 2011
Posts: 132
Location: sacramento ca

PostPosted: Sun May 20, 2012 10:46 pm    Post subject: Reply with quote

Keep in mind this has been a waiting game, if the FS wants to answer and how they want to answer.

You have to find out who the players of the game are, and then you can continue the game.

This has been a tough game because the FS has thrown out so many different players.

This also includes players that don’t belong to FS.

So this has been me against all other players.

Untill you can find someone to help you find out who the real players are.

3-12-2012 Found all equipment gone from property.

3-13-2012 Filed online theft reports w/ Placer County Sheriff and FBI.

3-13-2012 Tried to contact FS, had great conversation w/ machine.

3-15-2012 Sent registered letter FS. They rec, 3-16-2012

4-5-2012 Went to FS to find out why they have not replied yet. Was a wasted trip.

4-6-2012 Rec, call from FS to let me know that a response letter was going out on 4-9-2012.

4-11-2012 Rec, response letter from FS. Started to try and decipher the letter.

4-12-2012 Went to BLM to get info on Boomer Claim.

4-13-2012 Sent registered letter to Boomer Claim owner.

4-16-2012 Sent FS first demand letter. No response to date.

4-27-2012 Sent complete info to Congressman McClintok.

4-29-2012 Filed second theft report online w/ Placer County Sheriff.

5-1-2012 Sent FS second demand letter. No response to date.

5-8-2012 Rec, a call from Congressman McClintoks aid.
5-14-2012 Went to file Injunction against FS. Got call from congressmans aid, asked me to hold off on injunction.

Found out from him a Placer County Sheriff was at the impoundment of my equip, and that the Regional Office 5 has lied to him about being in contact with me.

Meeting with him on Monday the 21st.

To this date I do not have positive info on (individuals) who all the players are.

Hopefully on Monday.

If not, I have no choice but to file an injunction against the FS.
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lastchancelarry



Joined: 30 Dec 2011
Posts: 158
Location: hood river, ore

PostPosted: Mon May 21, 2012 2:02 am    Post subject: Reply with quote

hefty, forgive my ignorance but is the boomer claim the one next to you that was supposidly contacted before your stuff was taken????
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Hefty



Joined: 30 Dec 2011
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Location: sacramento ca

PostPosted: Mon May 21, 2012 4:57 am    Post subject: Reply with quote

yes
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beebarjay



Joined: 30 Dec 2011
Posts: 230
Location: Central Oregon Coast & Az

PostPosted: Mon May 21, 2012 6:06 am    Post subject: Reply with quote

The action was a result of the USFS.  They are the player(s).  The sheriffs office may have been involved.  You have notified the two players.  That appears to be obvious.

It is interesting that a political figure has asked you to hold off on an action that seems prudent. (USFS request?).   So my observation is wiggle angles are being weighed to see how the USFS can remove themselves from a position deemed emabarassing and costly.     A response letter to your demand letters would obligate them to an action.  Once that action is stated the scenario is determined.    If they were sure of the scenario, and they were confident,  you would have received the response letter.

So if the USFS admits their error and tries to remedy the situation through the Congressman they avoid a writtern documented resolve, and they escape documented error.    As it is obvious they committed some procedural errors carrying out their confiscation.

If that is the case then the USFS may do any number of things.  But I'll bet they will want you to acknowledge their authority.     I could see it be issuing a letter saying you should have known better per their CFR authority and relingquishing you from disposal fees and returning your personal property that is still intact if you agreee to their authority.  

That way it obsolves them of a real violation and puts you still at fault.     I wonder what line item in their budget they can hide any cost(s) incurred and monetary re-imbursement?

Now understand this is just my observation based on NO real knowledge.  But it seems a quite plausible scenario.

bejay


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