State of California has petitioned the Supreme court in Rinehart decision

[Bnugget]

The state of California has now asked the California Supreme Court to overturn the Court of Appeal ruling in favor of Rinehart.

See the petition here.

Http://Peoplevrinehart.org/

 

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[Clay Diggins]

Let me make it simple for the third time!

http://www.treasurenet.com/forums/g...me-court-rinehart-decision-3.html#post4270592

What I posted and what the mining act says is...

". SEC. 3. That the locators of all mining locations heretofore made, or which shall hereafter be made, on any mineral veln, lode, or ledge, situated on the public domain, their heirs and assigns, where no adverse claim exists at the passage of this act, so long as they comply with the laws of the United States, and with State, territorial, and local regulations not in conflict with said laws of the United States governing their possessory title."

"not in conflict with said laws of the United States governing their possessory title.".

US Laws pertaining to their right to possess!

Not possess! You injected that word. This is not about a teddy bear or a piece of pie!

The right is to possessory title which includes everything but the fee title itself.
Two very different concepts.

If you are going to expound on law you should at least get a law dictionary - and read it.

 

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[chlsbrns]

Not possess! You injected that word. This is not about a teddy bear or a piece of pie!

The right is to possessory title which includes everything but the fee title itself.
Two very different concepts.

If you are going to expound on law you should at least get a law dictionary - and read it.

Cut me a break! I know what a possessory title is and it does include possession.


Possessory Title | Free Online Dictionary of Law Terms and Legal Definitions

§26. Locators' rights of possession and enjoyment
The locators of all mining locations made on any mineral vein, lode, or ledge, situated on the public domain, their heirs and assigns, where no adverse claim existed on the 10th day of May 1872 so long as they comply with the laws of the United States, and with State, territorial, and local regulations not in conflict with the laws of the United States governing their possessory title, shall have the exclusive right of possession and enjoyment of all the surface included within the lines of their locations, and of all veins, lodes, and ledges throughout their entire depth...

So as long as you comply with "the laws of the United States, and with State, territorial, and local regulations not in conflict with the laws of the United States governing their possessory title" you have rights! If you do not comply you lose the rights.

Pretty simple isn't it?

 

[jvan]

Cut me a break! I know what a possessory title is and it does include possession.


Possessory Title | Free Online Dictionary of Law Terms and Legal Definitions

§26. Locators' rights of possession and enjoyment
The locators of all mining locations made on any mineral vein, lode, or ledge, situated on the public domain, their heirs and assigns, where no adverse claim existed on the 10th day of May 1872 so long as they comply with the laws of the United States, and with State, territorial, and local regulations not in conflict with the laws of the United States governing their possessory title, shall have the exclusive right of possession and enjoyment of all the surface included within the lines of their locations, and of all veins, lodes, and ledges throughout their entire depth...

So as long as you comply with "the laws of the United States, and with State, territorial, and local regulations not in conflict with the laws of the United States governing their possessory title" you have rights! If you do not comply you lose the rights.

Pretty simple isn't it?

chlsbrns: Why all the rambling and arguing with Claydiggins, He is the most well respected member on here and he knows exactly what he is talking about. If anyone ever has real detailed mining questions or anything in detail Claydiggins is the one everyone goes to, He is also one of the founders of MyLandMatters.org (mining rights) org, he knows his stuff... If you disagree with his thoughts or findings then agree to disagree, He is not one that you want to argue with because you will loose to his replies on law and facts... Just IMO...

 

[russau]

I guess cabinfever is setting in on all of us right about now! "once" (?) I made a mistake by posting BEFFORE my 2nd cup of mud in the morning and I got told about it! NO PROBLEM!! I just make sure im on my third cup BEFORE opening my mouth , BUT it don't always work for me!

 

[Oakview2]

ME TOO

I guess cabinfever is setting in on all of us right about now! "once" (?) I made a mistake by posting BEFFORE my 2nd cup of mud in the morning and I got told about it! NO PROBLEM!! I just make sure im on my third cup BEFORE opening my mouth , BUT it don't always work for me!

 

[benny]

ME TOO

ME THREE

 

[fowledup]

I'm not directing this at anyone but stating this in general as I'm just as much a victim and guilty as the next, but- I've always felt our education system is flawed in that we don't teach our students more about Law. I'm not talking about Government and Civics class, I mean the actual basic principals of law, emphasizing terminology and comprehension. Everyone of us is bound by the law from birth we should be doing more to prepare people and help them understand it from the get go. Although the government would probably disagree with me as the last thing they want is an informed and educated populace.
I've always encouraged my kids and grandkids to question what they here and think they know. To play devils advocate, and debate an issue with passion. Hopefully I've given enough attention in showing them how to evaluate their position and facts, and be willing to change their viewpoint or opinion with equal grace and humility when proven in error.

 

[Hefty1]

Well...trying to get someone to move to their own thread didn't work....I tried...Sorry Brandon

 

[goldenIrishman]

Well I hope (most likely in vain) that the arguments on this are over and we can get back to the actual thread.

I agree with Russau, Oak and Benny on the "pre-coffee" posting. It don't work for me either!

As to Fowledups' observation on our school systems lack of teaching anything about basic law... Of course they're not going to do that! That would only serve to educate the people to the point that those that make these laws would actually have to think before they pass them. (AKA put brain in gear before putting mouth in motion) Not only that, but it would increase the unemployment rates dramatically! I mean come on.... What would we do with all those unemployed LAWYERS?!?!?

Clay and Bejay are two of our best resources on T-net when it comes to matters of mining in all its various forms. They've been in the game for a long time (I'll be nice guys and not say HOW long ) and have paid their dues MANY times over. Clay has been a HUGE help to me personally since we met on here and has done a lot to help everyone he can on this forum. He even got me interested in learning at least the basics of mining law and that's saying a lot here.

We now return you to our regularly scheduled thread........

 

[Oakview2]

I believe the CWA is named in the San Bernadino Case, and the state petitioned to have them removed so that when they lose that case, they could use water law to further prohibit suction minning. Judge Ochoa however did not allow that, and now they will be a party to the settlement just like the state and all the other litigants. Brandons case is signifigant, and once the State Supreme Court rules, it will dictate the outcome of the SB case.

 

[fowledup]

Upstream from here....

http://www.treasurenet.com/forums/d...y-removal-project-crosses-another-hurdle.html

Hefty- That would for sure be the best place, but I doubt the Nevada County DA would look the other way and refuse to involve himself. Plus we would dredge upstream/lake where the Mercury actually is and that would just pizz off the lakefront property owners waiting for their taxpayer funded shoreline makeover.
I was actually thinking of an off chute of the Klamath in Siskiyou that has a rather large Cinnabar deposit. Easy pickens for the visual effect. Matters not whether its legacy or naturally occuring right? Mercury is mercury, bad gree gree. Makes a person wonder why they're not targeting some of the bigger more easily obtainable natural deposits on the west side of the state doesn't it?

Bnugget- Hang in there Sparky, starting to see a glimmer of light. Like the new website, added it to favorites makes it easy to check in daily and keep up on the latest happenings.

 

[Hefty1]

Well I hope (most likely in vain) that the arguments on this are over and we can get back to the actual thread.

I agree with Russau, Oak and Benny on the "pre-coffee" posting. It don't work for me either!

As to Fowledups' observation on our school systems lack of teaching anything about basic law... Of course they're not going to do that! That would only serve to educate the people to the point that those that make these laws would actually have to think before they pass them. (AKA put brain in gear before putting mouth in motion) Not only that, but it would increase the unemployment rates dramatically! I mean come on.... What would we do with all those unemployed LAWYERS?!?!?

Clay and Bejay are two of our best resources on T-net when it comes to matters of mining in all its various forms. They've been in the game for a long time (I'll be nice guys and not say HOW long ) and have paid their dues MANY times over. Clay has been a HUGE help to me personally since we met on here and has done a lot to help everyone he can on this forum. He even got me interested in learning at least the basics of mining law and that's saying a lot here.

We now return you to our regularly scheduled thread........

Great point....by the way...where is BJ? Have not heard from him in awhile.

 

[Jwoot]

I have always represented myself in court and have never lost! I've gone against large well known firms and won! How? By doing what the State of CA is doing! Drain the funds of the opponent! I motion the court to death! If I lose a motion I file a motion for reconsideration! Sooner or later my opponent can no longer pay and they lose!

It's the same that large companies do when they steal a patent. The company gets sued by the patent holder. Sooner or later (usually sooner) the patent holder can no longer afford or pay for representation. When they can't answer a motion or are no longer represented they lose!
CA is going to do the same to Rinehart. If by chance Rimehart can comtinue to be represented and wins the State will use the cwa and/or the porter cologn act. Again the big $$$ will have to be spent to fight.

You drained the funds of large well known firms..... all by yourself?

 

[chlsbrns]

You drained the funds of large well known firms..... all by yourself?

Large firms = law firms

I drained the funds of those who were paying the law firms.

 

[chlsbrns]

Now im going silent again so they can discuss the op about how the State petitioned the State Supreme Court. (Drain him of more funds)

 

[H&F909ORO]

If there was ten dredgers in a location that is known to have mercury how much pounds of mercury could they get out in one day?

Specifics:

Full 10 hours of solid work
Same dredges being used (Keene) just as an example
Experienced dredgers

How much pounds of mercury could they cleanup?

Not word problem BTW

 

[fowledup]

Now im going silent again so they can discuss the op about how the State petitioned the State Supreme Court. (Drain him of more funds)

Why, if your a miner with a dog in the fight do you consistently play the role of Doubting Thomas? Anyone of us can be the ever present pessimist and state whats wrong, fewer have the knowledge or experience to be of true benefit in the actual battle. With your experience in the court room and extensive knowledge of our legal system I would think you'd be more apt to offer insightful solutions rather then your usual doomsday "it'll never work" epithets. It's a sad loss for the mining community when we come across a resource that can't utilized in the fight to preserve mining.

 

[Rdg Sluicer]

Now im going silent again so they can discuss the op about how the State petitioned the State Supreme Court. (Drain him of more funds)

Thank you.

 

[DizzyDigger]

I drained the funds of those who were paying the law firms.

So, am I to understand, based on your explanations above, that
proving your case, or being right or wrong, isn't so much the issue...
..it's who can hold out [financially] the longest.

There is no honor in such a "victory".

Therein is where the problem lies with our legal system.

Makes me wanna puke, to be honest.

 

[Rdg Sluicer]

So, am I to understand, based on your explanations above, that
proving your case, or being right or wrong, isn't so much the issue...
..it's who can hold out [financially] the longest.

There is no honor in such a "victory".

Therein is where the problem lies with our legal system.

Makes me wanna puke, to be honest.

Its called the spoiled brat not getting his way defense or he works for the Sierra Club!