The wrongful agency action, any not consistent with law, are Trespass/Tort or Breach of an expressed or implied contract regarding appropriation of the soil, is an unlawful takings in the first instance. You choose which cause for the takings and the irreparable harm and go to the appropriate court, either the US Court of Federal Claims, above 10K$, and upon breach, or a district court of U.S., NOT a territorial or United States District Court, for tort. The U.S. Code explains which and for what. As any one can also find the information supplemental to the Code provisions through reading the U.S. Attorney's manual for takings.
Contrary to what Clay thinks he knows about the sanctity of the courts, we have identified, in fact in open Assembly at the Jefferson Mining District, where the Claims Court judges systematically restated background facts incorrectly of a Claim to remove the property status and then dismissed the claim. This was done on purpose, and methodologically so. I don't know what more proof we need than that you better go into these matters, instead of with your head in the clouds dreaming of justice, understanding the courts are corrupt, until such time as we can confirm that they are not. As I have stated before, we have other proofs. All this means is you have to bring your “A”-game, such that this can be any game. Though trust-bound by the gov's Soil Disposal obligation, the judges will not help as I can show in the current example below. In fact, they are adversarial and you will need to know how to constrain that lawlessness. Again, without miners to actually help in the trenches, this is going to be a much longer war; The war against the laws of the United States by those occupying the System itself.
And commenting to an ongoing matter is usually a bit dangerous to do, responding to a case situation without the actual knowledge of the facts, so let's pretend it went this way, that the GRANTEE mistakenly filed a prima facie takings Claim in the territorial federal district court, USDC, in his state and that court dismissed instead of, after finding a valid takings claim, transferring to the Court of Federal Claims, which can only be for a breach of an expressed or implied contract, which grantees have, that judge violated the Claimant by not transferring the case pursuant to 28 USC 1631 immediately, to which ever other court had competence; depending upon the underlying cause, either Tort or Breach. Appeal isn't even a consideration, not because those are for review, but because the claim was mistakenly filed in the wrong court and needed to be transferred. Moreover then, when the judge didn't transfer as required by law, without authority or jurisdiction at all for any other action taken even to dismiss, the “judge” also stole the filing fee which should be applied at the court of competent jurisdiction. Once the case is transferred the CLAIMANT can amend his CLAIM for harm, if need be, though if the territorial court found a takings cause more than 10K$, I'm not sure what more there needs to be claimed than to prove into evidence the perfected location pursuant to federal and state location requirements. Though as we have seen, in practice the DOJ enters to breach the Govs trust obligations to deny the perfected property location. These, sadly, are the “precedent” 'everyone' seems content to rely on. And again, that just means you have to stick to the facts of your claim only and counter the second takings cause now, unless determined “legally” so, by the DOJ, a trust tort to the Article III district court, dcUs, not back to the original territorial court, USDC.
So, we can walk away because the war is hard and boring or we can go back and get what has been stolen from us by a system that is corrupt to the core right now. Does that mean every court decision is wrong. NO. In fact, you all got a good one out of Cali last year where the judge said, essentially, ““Recreational Mining”? You have no property or rights.”.To my astonishment no one moved upon that authority determined in law that EACH grantee has property unlawfully interfered with by the State 'O Cali. So why the Silence of the experts purporting to know the law as mining lawyers? And you are not interested in other court cases, just what happens to your claim; And knowing the importance of evidentiarilly showing your granted property possession an making sure the court doesn't stealthily alter that.
I can continue to agree with Clay in part, You all “keep bringing the same game plan to every court we will keep losing”. The additional problem is, we are at a point in time when we will not be allowed to just get out and find some gold for as counterproductive as that fact is. An unlawful takings claim is a proper course of action properly proceeded. This can be done much more inexpensively administratively as well as a measure to avoid a taking, which though does require “exhaustion”. I've explained this method summarily at the GPAA seminar earlier this year. There are other remedies, whether or not you have to out the corruption of any particular court, or not, that might rear its ugliness. So the choice appears clear, either properly engage the war against the law of the land or lose it and your property and your livelihood.
Grantees have the power. They merely have to role up their sleeves and either work to avoid a takings by proper administrative responses showing the lack of authority of the government in the first instance or file a claim for takings immediate the irreparable harm caused where gov goes wild.
