Forest Service v. Michael & Linda Backlund
December 2010 by James BuchalOn 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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It's a proven civil remedy to put an end to harassment by notifying a person who is either overstepping their authority, or failing to act as required, that they will be sued personally for an act or omission.
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To reach this goal, our federal government would need to designate another 45.7 million acres as protected lands every year.
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