All Articles
Legislative and Regulatory Update
October 2006 by Scott Harn
• Make your votes count
American citizens have responded strongly to a 2006 US Supreme Court decision (Kelo v. City of London) that allowed a city to seize private property by eminent domain.
Voters in numerous states have obtained enough signatures to place strongly worded measures on state ballots that will either curb or outlaw the use of eminent domain.
In addition, many of these measures will require state and local governments to provide just compensation for any new government regulations that restrict the use of private property or otherwise devalue private property.
A sampling shows measures will be on the ballot in numerous states to provide just compensation for new regulations, to prevent seizure by eminent domain, or both, in California (Proposition 90), Washington (Initiative 933), Idaho (Proposition 2), Arizona (Measure 207), Nevada (Nevada Property Owner’s Bill of Rights) and Montana (Initiative 154).
Oregon voters already passed a measure that requires compensation for government regulations, but a new initiative (Measure 39) seeks to prevent a government body from condemning private property if the intent is to convey that property to another private entity.
Please check your ballot and be sure to vote in the General Election on November 6, 2006.
• Court tells Forest Service many access fees are illegal
A federal court in Arizona has told the Forest Service that it can no longer collect user fees for many activities, with implications for hundreds of collection programs across the US.
In this particular case, a hiker was issued citations on two separate occasions for failure to pay a $5 access fee when parking on public lands administered by the Forest Service in the Mt. Lemmon area of Arizona.
The court ruled that the Forest Service was unlawfully charging for general access. Magistrate Judge Charles Pyle stated the Forest Service could only charge fees to citizens who use fully developed parking sites with amenities or fully-developed campgrounds. The judge ruled the Forest Service does not have the authority to collect fees for use of trails, for parking along roads, or for undeveloped, minimally developed or semi-developed sites. The agency is also prohibited from charging for camping at undeveloped sites.
The case is US v. Christine M. Wallace.
• Kensington update
Coeur d’Alene Mines has to negotiate another curve in the road for its Kensington Mine project after the US 9th Circuit Court of Appeals issued an injunction that halted some of the construction necessary for the project.
Environmentalists appealed a lower court decision that allowed the company to place waste rock in Lower Slate Lake northwest of Juneau, Alaska.
The injunction applies to cutting trees, building roads or dams and altering the water level of the lake, and will remain in place until the appeal runs its course. Construction of the mine and mill will continue.
Recluse Died with $7 Million in Gold
A Carson City recluse whose body was found in his home at least a month after he died left only $200 in his bank account.
The Bawl Mill
• Copenhagen—Don't ask, don't tell
• Will consider lease or trade
• By the numbers
BLM Proposed Rule Making Affects Mining Claims
In this proposed rule, BLM is seeking to amend regulations to respond to a recent law that continues to require claimants to pay location and maintenance fees on unpatented mining claims or sites and to provide annual maintenance fee waivers to small miners until September 30, 2001.
SS Central America Gives Up Millions in Gold Rush Era Gold
A treasure-seeking young man whose name will forever remain anonymous made the months-long journey either over land or by sailing ship to California after word spread about the gold strike in 1849.
Washington Miner Wins Poetry Contest
The National Mining Hall of Fame and Museum at Leadville has announced the results of a search earlier this year for new poetry about mines and mining.
Melman on Gold & Silver
Another area of growing international concern for business and industry is the recent astonishing proliferation of new government regulations and laws. Despite the presumably good intentions behind these measures it is now becoming apparent that they are imposing true costs to our economic society. The sheer variety of these laws and regulations is mind-boggling.
Ask the Experts - Processing sulfide ore without mercury or cyanide.
Q: ...Is there any way to process the ore without using mercury or cyanides...?
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The Bawl Mill
• The Plumas Eureka District
• California State Gold Panning Championships
• Mergers Continue at Record Pace
• The Yukon-Klonkide Goldfields—Part II
• Foreign Investment Hits More Roadblocks
• The Treasure Detective—Part IV The Story of Goldstone Nuggets
• Another Uranium Boom in the West
• Court: Kennecott Eagle Minerals Application Complete
• Remote Mining Camps of Yuma County
• The Robin Redbreast Lode
• Final Buckhorn Mountain Study Released
• Melman on Gold & Silver
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