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Legislation & Regulation

Forest Service v. Michael & Linda Backlund

On Tuesday morning, August 26, 2010, my clients Michael and Linda Backlund were forced to plead guilty to a charge of violating 36 CFR §261.10(b), which criminalizes maintaining a residence on Forest Service land without authorization “when such authorization is required.” This is a new regulation pursuant to which virtually anything, even a tent, is an unlawful “residence” unless authorized in advance.

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Then I had one of my worst experiences as a prospector when I visited the US Forest Service office for this area.

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