Not Fake News

[Goldwasher]

This is direct info from someone to me. So, I don't want to hear anything about pushing for donors.

Sunday a guy stopped in the store. He is a coach for kids soccer, they practice at a park by the river.

He was asking if I had a map of closed claims. I was telling him why there wasn't . Letting him know how he can find public lands and how to check for current claims. Talking about MLM etc.

I started to lose him when I was using words like township..range....section...you know stuff like that.

He lives up by me. I asked where. He mentions he is off of Johnstown creek. All private land in the area. Says part of the creek is on his land.
Theres gold in that creek. I ask why don't you work there first ?

Says he was until the "Forest Service" showed up.

"Forest service? your on private land"

He says " I mean fish and game"
He was running a generator to power a shop vac. A neighbor called Dept. of F and W on him.

The officer told him what he was doing was illegal and he told him to stop so he did.

Obviously I told him what I though about it..and what he should have said and what I would have said and done.

he grabbed one of my cards we talked for a while. I recognized him from school functions or other sports. I'm gonna head down next time there are games and get contact info from him. Maybe I'll go run a crack vac on his creek until the green suit shows up.

This isn't the first story of an interesting interaction with F&W since 637 that I've heard a first hand account I have been told.
Where the LEO left with no citation given, even though the individual was admonished that what they were doing was illegal.

It's only a matter of time before I'm sharing my own interaction I'm pretty sure of it.Though it will be dependent on some busy body calling.
F&W has no reason to be where I'm at otherwise.

 

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[Assembler]

I am now confused. Does not both private and public lands fall under the jurisdiction of the F & W. Be it State or Federal? I own private land but I can not ignore either Federal or State Fish and Wildlife issues. So I am confused. I would assume maybe that the LEO was a USFS Fish & Wildlife officer, then it is a matter of jurisdictional authority. What agency did the LEO represent? I am confused.
Bejay

Thanks for asking as you are not alone.
In short the "Legal boundaries" of each "Type of Lands" determines the "Jurisdictions of that Lands".

In more technical terms there is "Appropriated and Unppropriated Lands". Congress alone has the power, derived from article IV, section 3, of the Constitution, of disposing of the public domain and making all needful rules and regulations in respect thereto. For the purpose of administration or disposal of the public domain, (29 States) the law (R.S. sec. 2395; 43 U.S.C. sec. 751) that the public lands of the United States are surveyed under the method known as the system of rectangular surveys. The rectangular system provides for the unit of administration under the general land laws, broadly, the quarter-quarter section of 40 acres, upon a plan in which the square mile, or section of 640 acres, is the unit of subdivision, while the unit of survey is the township of 36 sections.

 

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[Goldwasher]

I am now confused. Does not both private and public lands fall under the jurisdiction of the F & W. Be it State or Federal? I own private land but I can not ignore either Federal or State Fish and Wildlife issues. So I am confused. I would assume maybe that the LEO was a USFS Fish & Wildlife officer, then it is a matter of jurisdictional authority. What agency did the LEO represent? I am confused.

Bejay

It was DFW Bejay.

The property ownwer said F.S. initially I said wait your on private land.
He said yea I mean Fish and wildlife.

You are correct they have jurisdiction on private and public lands.

State employee not federal.

 

[Assembler]

Jurisdictional Facts. (Blacks Law Dictionary page 992)
Those matters of fact which must exist before the court can properly take jurisdiction of the particular case, as, that the defendant has been properly served with process, that the amount in controversy exceeds a certain sum, that the parties are citizens of different states, etc.
Matter of Fact. That which is to be ascertained by the senses, or by the testimony of witnesses describing what they have perceived. As Distinguished from matter of law and matter of opinion. page 1130.

Something to think about.

 

[Oregon Viking]

Jurisdictional Facts. (Blacks Law Dictionary page 992)
Those matters of fact which must exist before the court can properly take jurisdiction of the particular case, as, that the defendant has been properly served with process, that the amount in controversy exceeds a certain sum, that the parties are citizens of different states, etc.
Matter of Fact. That which is to be ascertained by the senses, or by the testimony of witnesses describing what they have perceived. As Distinguished from matter of law and matter of opinion. page 1130.

Something to think about.

I'll bet you are thinkin' about a survey...........

 

[Assembler]

I'll bet you are thinkin' about a survey...........

Most likely the 'Witnesses' will be within the "Fish and Game" and maybe the person calling them.

Just as a side note. A "Flag man / laser holder man / woman etc." can also be a better "Witness".........LOL

 

[Reed Lukens]

Like I said, a simple call to the Sheriff in Eldorado County will end the problem because the Sheriff's here are all pro-mining and law. DFW is not above the law and simply needs to be put in check when they overstep as they sometimes do. I've been with the Sheriff when he told the DFW agent that there was no need for him to be here when no laws were being broken on a friend's private property. The Sheriff here is on our side and he knows and is the law. I've threatened to call in the Sheriff once on my claim also, and the DFW officer immediately backed down and left because he was the one breaking the law and got himself caught trying to steal my gear. I called my DFW rep and told him what had happened, the agent turned out to be a rogue from a different area and ended up being delt with by our own local DFW reps.
Honestly, it would be a good thing for the land owner to go down to the DFW and follow up on this along with getting an agent assigned to deal with him personally. Then from now on, if there is a problem, all he needs to do is call his DFW rep and he will step in for the property owner when needed. I know my rep, he was in my sister's class growing up, and whenever there's a problem brought up by someone else, it's quickly taken care of for me by my DFW representative. The DFW has some good people working for them and meeting them in person at their office and getting to know them, while they are getting to know you, really goes a long way.