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Government to provide lawyers for forest workers sued by developer
AP ^ | Thursday December 30, 2004 | AP

Posted on 12/30/2004 5:10:03 PM PST by BenLurkin

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To: muawiyah
LOL, no. I support my family, my parents, my girlfriend, my church, Free Republic, and G_D knows how many unnamed liberals via government theft, already.

I ain't in a charatable mood.

21 posted on 12/30/2004 8:58:14 PM PST by patton (The Louisiana crawfish is disrupting breeding areas for frogs and other amphibians)
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To: Age of Reason

I take it that you live in CA?


22 posted on 12/30/2004 9:00:05 PM PST by patton (The Louisiana crawfish is disrupting breeding areas for frogs and other amphibians)
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To: patton
I take it that you live in CA?

No way.

Much too crowded.

23 posted on 12/30/2004 9:02:29 PM PST by Age of Reason
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To: Age of Reason

Ah. Now your post makes sense. ;)


24 posted on 12/30/2004 9:03:41 PM PST by patton (The Louisiana crawfish is disrupting breeding areas for frogs and other amphibians)
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To: muawiyah

There was planning and zoning back in the days of small permit fees and one day turnaround for review. Don't give me that malarkey. I built many safe, modern homes that people still habitate successfully. What has changed are the mountainous number of hurdles needed to plat and develop land.

Charge people for the cost of water and other public services including schools. But $100,000 in any locale is government-gone-insane. Between planners, biologists, and lawyers, people have to work at least an extra year in order to pay for the permit that puts zero extra value into a home.


25 posted on 12/30/2004 9:38:00 PM PST by Elvis van Foster
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To: muawiyah
From the article:

The project calls for 132 condo units, a marina and tennis courts. Developers plan to raze more than 300 pine trees that provide winter shelter to the bald eagle, which is protected under the Endangered Species Act.

From what I've read, that is an assertion by the Eliasons that has since been disproven.

If he had any cojones he'd be suing the government, not the employees.

From what I know of this case, they deserve it, richly. This guy did everything imagineable and then some to produce a product that would enhance environmental quality, including habitat restoration projects on property he otherwise could have developed. IIRC, he's been held up for nearly sixteen years.

I would imagine this happened because the developer's lawyer neglected to research the matter to discover that the government generally will provide legal counsel to it's employees (or witnesses or contractors) who are sued by third parties in such cases.

Building your case upon imaginings? That's pretty desperate and, in this case, dead wrong.

There is, of course, a never-ending supply of stupid lawyers who will keep trying this trick in the hope that a federal judge can be tricked.

BS, again. Most lawyers and developers know better than to take on a bureaucracy with virtually infinite funding, but this guy is at the end of his rope.

Regulatory takings with corruption involved are becoming extremely common. It's high time RICO was employed, as I recommended over five years ago. I know of one recent instance where an agency redrew an owner's property, taking about a third of it and he couldn't even bring the case because the surveyors wouldn't touch the job. The power the Open Space District wields is too great. That was in the SF Bay Area so you know how much money was involved.

Nope, from what I know of this the Eliasons should swing, not that I want to see more condos on Big Bear Lake either.

26 posted on 12/30/2004 10:52:04 PM PST by Carry_Okie (There are people in power who are really stupid.)
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To: Age of Reason
Wouldn't bother me if they prohibited the chopping down of even a single California tree again.

You are full of crap and clearly incapable of Reason. There are so many overstocked forests in California about to blow sky high that the forest management infrastructure can't begin to keep up with the rate of growth. Where I live the rate of growth exceeds harvesting by a factor of five even on managed lands. In the aggregate, less than 0.5% of the volume gets harvested annually while volume accrues 3% annually.

When the San Bernardino Fire blew a couple of years ago there were places with 2,000 trees per acre where the pre-Columbian stocking levels were 15-45 trees per acre.

You should try the hard work of restoring land before flapping your jaws about National Forest policy, much less tell someone else what they can or cannot do with their land.

27 posted on 12/30/2004 11:01:32 PM PST by Carry_Okie (There are people in power who are really stupid.)
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To: muawiyah
I'll guarantee you that if government employees were subject to being dragged into court at their own expense by upset citizens nobody would take the jobs.

That would be bad because???

28 posted on 12/30/2004 11:47:05 PM PST by c-b 1
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To: farmfriend

BTT!!!!!


29 posted on 12/31/2004 3:13:14 AM PST by E.G.C.
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To: Carry_Okie
Doesn't matter how you "take on" the bureaucracy ~ you can go after the agency, or you can go after the individuals who work there.

They are going to be represented in court at the cost of the taxpaying public anyway.

Then, some folks wonder why permits cost so much these days ~

30 posted on 12/31/2004 5:11:25 AM PST by muawiyah
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To: Elvis van Foster

Water and schools, of course, should be PRIVATE SERVICES!


31 posted on 12/31/2004 5:12:47 AM PST by muawiyah
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To: Carry_Okie

God these threads suck. What happened to reasoned opinion?


32 posted on 12/31/2004 7:07:08 AM PST by forester (An economy that is overburdened by government eventually results in collapse)
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To: Carry_Okie
Check out this comment by Andy Stahl of FSEEE: Even if all allegations are 100 percent true, no law has been broken, Stahl said. Note: it is the third story down.
33 posted on 12/31/2004 7:52:56 AM PST by forester (An economy that is overburdened by government eventually results in collapse)
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To: muawiyah
They are going to be represented in court at the cost of the taxpaying public anyway.

The US government isn't bound to defend criminal activity, which of which the Eliasons are accused. If all you are bitching about is that the taxpayers are footing the bill, then bitch about the bureaucrat who signed the requisition for Eliason's attorney.

34 posted on 12/31/2004 8:29:41 AM PST by Carry_Okie (There are people in power who are really stupid.)
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To: Carry_Okie
You are full of crap and clearly incapable of Reason. There are so many overstocked forests in California about to blow sky high that the forest management infrastructure can't begin to keep up with the rate of growth. Where I live the rate of growth exceeds harvesting by a factor of five even on managed lands. In the aggregate, less than 0.5% of the volume gets harvested annually while volume accrues 3% annually.

When the San Bernardino Fire blew a couple of years ago there were places with 2,000 trees per acre where the pre-Columbian stocking levels were 15-45 trees per acre.

You should try the hard work of restoring land before flapping your jaws about National Forest policy, much less tell someone else what they can or cannot do with their land

If there weren't so many people in California, you could afford to let the forests manage itself: It wouldn't matter if millions of acres of forests naturally burned down, because there would still be so much left. It would just be nature following a natural cycle.

Nature is able to take care of itself--as it demonstrated for billions of years before man set foot on North America.

35 posted on 12/31/2004 8:49:44 AM PST by Age of Reason
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To: Age of Reason
If there weren't so many people in California, you could afford to let the forests manage itself: It wouldn't matter if millions of acres of forests naturally burned down, because there would still be so much left. It would just be nature following a natural cycle.

This is horse feces too. Since the last ice age, forests have never operated in North America without massive human intervention. You should read America's Ancient Forests, from the Ice Age to the Age of Discovery by Dr. Thomas M. Bonnicksen, a forest archaeologist.

You don't go backwards in nature. We have suppressed fires for a hundred years. Meadows have been lost. Chaparral and broadleaf stands destroyed. Most influential is that the rate of growth has been accelerated by carbon dioxide.

Forests will never again operate as they had.

Worse, the importation of exotic weeds will take over many of those forests after a fire. You have only to go to Montana to see the knapweed stands where forests once stood to see it, with 135% faster erosion to boot.

Your "leave it to nature" preference would be disastrous to forests.

Nature is able to take care of itself--as it demonstrated for billions of years before man set foot on North America.

As if nature and humans were necessarily separate. This is just goofy and uneducated misanthropy.

36 posted on 12/31/2004 9:40:07 AM PST by Carry_Okie (There are people in power who are really stupid.)
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To: Carry_Okie

They're only weeds if you want them to be. Otherwise they're just different plants.


37 posted on 12/31/2004 4:49:32 PM PST by muawiyah
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To: Carry_Okie
Look, what we have is a classic argument about a "true" priest or a "false" priest, and whether or not the sacrament is valid if associated with either.

You can come down on both sides of the argument.

Besides, that which might be claimed to be "criminal" by an agrieved person's counsel may well be a "legal requirement", or merely something considered customary.

The government is bound to provide counsel to the government's own employees unless and until the deed is found by appropriate authority to be a crime. And your immediate supervisor is usually not such an authority (although some here have literally argued for providing higher level government bureaucrats with extraordinary judicial powers so they could find their subordinates guilty of crimes even without a trial).

38 posted on 12/31/2004 4:53:59 PM PST by muawiyah
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To: Age of Reason

BTW, if they'd developed the Santa Monica's and left the orange groves intact, California would appear to be much more open, social services could be provided to the present population living on a smaller area, and everybody would be much happier.


39 posted on 12/31/2004 4:55:28 PM PST by muawiyah
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To: forester
Could be the non-public information should have been the type that needed to be revealed BEFORE development could proceed.

Was it something the developer submitted in support of his proposal?

40 posted on 12/31/2004 5:00:10 PM PST by muawiyah
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