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Post by socalagatehound on Jan 16, 2014 14:25:01 GMT -5
I think the confiscation part is to bring the costs of a lawyer and/or impound fees on the violator because they probably have little or no legal ground to apply a fine or to send a case to court under the vague laws. It is, after all, public land where collecting is allowed. Petrified wood is another matter, because the rules are pretty uniform. But allowing and individual, such as a BLM district manager, to formulate rules and policies that are enforced as laws on public land is probably unconstitutional, so they just jack up your life with impound fees and lawyer expenses to get your car back. I do think the impound thing is in extreme cases.
Another Barstow District BLM policy that differs from other districts is that all roads are closed unless posted as open. Historic mining roads and washes are always open in other districts, but not the Cadys. Washes because they "renew" themselves with every rain. The BLM manager from out of town I talked to said he would even drive historic mine roads because it would be illegal to close them, barring access to claims, but they (BLM) still do it. I hear it's becoming bad in Oregon and Idaho. Dale, of West Coast Mining, told me they were trying to stop him from repairing the roads into his claims. WTH. I guess if you make it more difficult to mine and collect, people will just work at McDonalds and go the movies..haha.
Hey John, sorry if we're hijacking your thread a little...
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Deleted
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Post by Deleted on Jan 16, 2014 16:16:18 GMT -5
Almost everyone knows about Davis Creek obsidian, it is a commercial permit that you can buy from the Modoc National Forest service for $32 per yard but no mechanized equipment is allowed in this area. $32 a yard of removed materials? or materials moved during hand excavation. I think that hole you showed us is the largest hand dug hole I have ever seen! You bad@ss!
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Post by johnjsgems on Jan 16, 2014 16:28:46 GMT -5
It's pretty obvious the tree hugging Sierra Clubbers run BLM in CA. You would think a federal agency would have uniform regulation enforcement.
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Deleted
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Post by Deleted on Jan 16, 2014 17:05:39 GMT -5
Federal agencies + uniform enforcement = doesn't exist. Never import reptiles thru New York. EVER. For any reason. NEVER EVER. Those FWS officials will charge you or confiscate without charge for any reason they desire. Stuff that, if mentioned to the Los Angeles office, will be described as not legally possible. Those inspectors allowed my shipment thru, but only because of my previously unblemished track record. The government official in the country of origin signed the permit in the wrong place. 110 lizard @ $1000 per infraction = $110,000 fine. I told the dude for $110K I'll bankrupt and he'll get nothing. He decided $1100 was appropriate ($10 per). This is the "arresting officer" deciding what my penalty should be; by fiat. He was even authorized to negotiate payment terms of monthly payments. Or I could write a $25k retainer check to a federal attorney and win the case in court or get the bogus charges dropped. The system is stacked against the average Joe. Tell me that is constitutional.
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Post by socalagatehound on Jan 16, 2014 17:12:53 GMT -5
In some countries...haha. I hear Italy is worse...
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Deleted
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Post by Deleted on Jan 19, 2014 20:40:50 GMT -5
In some countries...haha. I hear Italy is worse...
In Italy they are still incarcerating Galileo's decendants. Most recently for not predicting an earthquake.In the animal biz, France & Spain are the worst.
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Post by Rockoonz on Jan 19, 2014 21:42:11 GMT -5
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Post by Deleted on Jan 19, 2014 23:01:03 GMT -5
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Post by catmandewe on Jan 19, 2014 23:10:41 GMT -5
We better not run out of rocks! What will we do?
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Post by socalagatehound on Jan 20, 2014 12:51:46 GMT -5
There's always the moon!!! I hear that's all they have there...
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Mark K
Cave Dweller
Member since April 2012
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Post by Mark K on Jan 21, 2014 19:40:44 GMT -5
The real question is what is the scope of their authority? In most states A game warden has the right to check your live well if he knows you are fishing. Other than that, he has to have probable cause to go any further. If it is out of plain sight, how far can he go if he knows you are collecting. They still have to honor the 4th ammendment, but how much leeway do they have?
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Post by NM Stone Supply on Jan 30, 2014 8:28:11 GMT -5
I had to purchase one for one of my claims. Even though I have the claim the required me to get one because I filed a notice meaning I will dig with a backhoe. It cost me $50 and is for the one area only. The guy at Mining Mineral Division said if you ever do find stone in another area just get a permit and you can take a truckload without having a mining claim. Rock on! Jason
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