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.
Imagine for a minute the year is 1850. You’ve read and heard that gold was discovered in California and the creeks are so rich you can just scoop it up with your hands.
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.
They want to close our roads on public land (built by taxpayer funds) to keep us and our disabled veterans out. And it won’t stop with just mining.
Some creeks have nuggets, while others, particulary the rivers, nothing but fine gold.
There are literally hundreds of dry placer deposits in the Sonoran and Mohave Deserts of western Arizona. Many of these placer gold deposits are not described in any published books, bulletins, or reports, though placer gold enthusiasts know where...
Congressmen Richard W. Pombo and John E. Peterson’s Response to Planting of False Evidence by Environmental Extremists
In twin blows to environmentalists, a Senate panel decided June 22nd to cut a high-profile proposal by President Clinton for buying park land and to limit an effort to restrict waste dumping at some hard-rock mines.
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