|Landuse, General Post all non-immediate Land Use oriented messages here.|
| ||LinkBack||Thread Tools||Display Modes|
Enough is enough! Tired of being bullied and threatened by state park officials!
WE’VE GOT ROAD AND RECREATION RIGHTS!
The American people, and American jurors, take constitutionally and lawfully protected rights very seriously.
Detaining, threatening and ticketing innocent people, including children and young adults, to prevent them from traveling public roads and recreating in a state park, is unacceptable!
Enough is enough! Coyote Canyon Citizens Association is seeking 15,000 citizen residents of California, 18-years or older, who are fed-up with being bullied and threatened by state park officials!
Whether you live in northern or southern California, you have the right to travel every public road and recreate in every public park in the State.
Coyote Canyon Citizens Association was established to enable a small number of people to band together, recapture their rights, obtain monetary compensation for deprivations of their rights, and split the cost of litigation through a one-time membership fee of $28.
LAST CHANCE SALOON! Join today or Coyote Canyon Citizens Association will go away!
Coyote Canyon Citizens Association was established by Keith and Rheba Pullman, citizen residents of California.
If membership is not established at 1,000 by December 31, the Association will be dissolved. Other deadlines apply.
Why the deadlines? It’s a $28 no-brainer and my wife and I don’t want to spend years trying to convince people to defend their rights. We can lead you to water but we can’t make you drink!
Coyote Canyon Citizens Association will challenge as unlawful: Blockage of Coyote Canyon/De Anza Road. Prohibition against public travel and maintenance of public roads that traverse the Anza-Borrego Desert State Park. Summer closure of Coyote Canyon and public roads and trails that traverse the canyon. Prohibition against free-range horseback riding in the park and State Wilderness Areas within the park. Reclassification of the vast majority of the park as State Wilderness.
A person cannot be detained without probable cause or ticketed unless in violation of law.
State park officials, for decades, have threatened people with tickets and arrest, ordered people detained and threatened with a ticket and arrest, and ordered people ticketed, to prevent the public from traveling public roads that traverse the Anza-Borrego Desert State Park and prevent the public from accessing and using the park for lawful recreational activities.
Coyote Canyon Citizens Association will seek damages and penalties through litigation on behalf of all members for deprivation of their right to travel; and deprivations of other lawfully protected rights.
Public records substantiate that the road through Coyote Canyon, and most other roads that traverse the park, are public roads, and that state park officials knew the road through Coyote Canyon was a public road before they blocked the road.
Public records substantiate that the 1995 Coyote Canyon Public Use Plan and the 2005 General Plan regarding Coyote Canyon were developed and enacted under the table by state park officials, contrary to U.S. and state law, for the purpose of creating the illusion that department officials had legal authority to block the road and close the canyon.
State officials are knowingly, willingly and purposely depriving us of our road and recreation rights.
42 U.S.C. 1983 - Allows damages per incident against each official involved in deprivation of rights.
CALIFORNIA CIVIL CODE SECTION 3294 - Allows damages per incident against each official involved in deprivation of rights.
CALIFORNIA CIVIL CODE SECTIONS 52 and 52.1 - Allows damages and a civil penalty of $25,000 per incident against each official involved in deprivation of rights.
As an example: ten state park officials, under purposely created illusions of acting within the law (1995 CCPUP and the 2005 GP), prevent a person, through intimidation, threats and coercion under color of law, from traveling the road through Coyote Canyon. Each official is liable for damages under the above statutes, including the $25,000 civil penalty.
The civil penalty, alone, against the ten officials, equals $250,000 (for this one person). Damages and civil penalties are paid to the person deprived of the right to travel the road. Reference our Links page for full text of above statutes.
Coyote Canyon Citizens Association is seeking to recapture our right to travel and maintain public roads and obtain monetary compensation for deprivations of our rights. The roads in question, including Coyote Canyon Road, were identified and mapped as public roads by agencies of the U.S. government and/or the State of California.
The Surface and Mining Act of 1866, repealed and recodified as RS 2477, does not have anything to do with the construction of public roads or the right to travel and maintain public roads.
The preamble to the Surface and Mining Act states: "An Act granting the Right of Way to Ditch and Canal Owners over the Public Lands, and for other purposes." The language "and for other purposes" does not refer to the right of way, but to other purposes (other provisions) within the Act for which the Act was also enacted. Reference our website for complete text of the Surface and Mining Act of 1866.
The U.S. Supreme Court, in a 1932 case, quoted the author of the Surface and Mining Act: “it merely recognized the obligation of the government to respect private rights which had grown up under its tacit consent and approval. It proposed no new system, but sanctioned, regulated, and confirmed a system already established, to which the public were attached.”
As stated in the opinion, the Act recognized "private rights." The Act granted “the right of way over the public lands” to “ditch and canal owners” (which included the right of way for access roads to construct and service the ditches and canals), as long as the ditch or canal was constructed relative to private rights: "rights to the use of water for mining, agricultural, manufacturing, or other purposes."
The case in question applied to a public road in Alameda County. The U.S. Supreme opined "We cannot close our eyes to the fact that long before the act of 1866, highways in large number had been laid out by local, state and territorial authority, upon and across the public lands. Governmental concurrence in and assent to the establishment of these roads are so apparent, and their maintenance so clearly in furtherance of the general policies of the United States, that the moral obligation to protect them against destruction or impairment as a result of subsequent grants follows as a rational consequence. The section of the Act of 1866 granting rights of way for the construction of highways, no less than that which grants the right of way for ditches and canals, was, so far as existing roads are concerned, a voluntary recognition and confirmation of pre-existing rights, brought into being with the acquiescence and encouragement of the general government." Reference our Links page for full text of the case.
The right of way for the construction of highways over the public lands, before and after 1866, was derived from local, state and territorial authority, not the Surface and Mining Act of 1866.
The repeal of the Surface and Mining Act repealed the right of way granted to owners of ditches and canals. The repeal of the Act did not, and could not, repeal that which the Act never granted, i.e., the right of way for construction of highways over the public lands by local, state and territorial authority.
Coyote Canyon Citizens Association is not an off-road or recreational association. It is an association of citizen residents of California who seek to recapture their rights, and obtain monetary compensation for deprivations of their rights, through litigation.
Coyote Canyon Citizens Association is organized as an unincorporated citizens association under California Corporations Code Section 18000 et. seq. A private citizens association can sue on behalf of its members. The action is similar to a class action lawsuit, but is less complicated and less expensive.
The whole scoop can be found on our website. Please visit.
President and Director of Operations
Coyote Canyon Citizens Association
All times are GMT -5. The time now is 12:33 PM.