Using Direct and Constructive Notice against agency officials
July 27, 2015by Scott Harn
ICMJ's Prospecting and Mining Journal
In our June 2015 issue I wrote an article titled "Direct and Constructive Notice." In a nutshell, it's a process you can follow to put a county, state or federal agent or official on notice when they are violating your rights so that you can later sue them personally for damages.
If you haven't already done so, please read the article so you understand how the process works.
Shannon Poe of the American Mining Rights Association is putting the process to work right now in Idaho. He and some fellow suction gold dredgers were being unlawfully harrassed by a Forest Service employee who is unfamilar with the rights granted to miners on federal mining claims.
In Idaho, the EPA has been trying force miners into getting federal discharge permits for suction gold dredging, but miners have resisted based on court precedence though the miners are still willingly complying with state regulations and obtaining a state permit.
I was in touch with Shannon today. The Forest Service employee has visited Shannon's dredging operation several times over several days and threatened enforcement action, including a threat to bring law enforcement officers to the mining site. So far, these have amounted to empty threats. The local sheriff and state officials are backing the miners and believe the federal government is overstepping its authority
Our August 2015 issue has already been completed, but we will have the full story for you in the September 2015 issue.
Shannon Poe of the American Mining Rights Association meeting with suction gold dredgers on the South Fork of the Clearwater River in Idaho.