Court won't let Pilgrim family drive to its land (Alaska)

Anchorage News ^ | Feb 14 06 | Anchorage News

[freedomdefender]

Anchorage, ALASKA:

A federal appeals court has once again rejected the Pilgrim family's right to drive a bulldozer to its land inside a national park without going through a lengthy permit process and environmental review.

The McCarthy-area family -- whose patriarch, Robert Hale, adopted the name Pilgrim -- became a celebrated cause for some land-rights groups in 2003 after the National Park Service rejected the Hales' bid to use an old mining road to access private land inside Wrangell-St. Elias National Park. Hale had aggravated park officials by driving a bulldozer over the old route to get building supplies after a cabin burned down in winter.

Represented by the non-profit Pacific Legal Foundation, Hale had battled the Park Service over its permit requirements, but lost in the U.S. District Court and 9th U.S. Circuit Court of Appeals.

[lexington minuteman 1775]

Seems to me an old logging road would be a legitimate "easement" in real estate terms. The ninth circus rules again in a moronic fashion?

[MineralMan]

Access to inholdings in federal land is a never-ending battle. The cases are never simple, and the facts here are far from clear.

[MineralMan]

Here's a photo of the guy who wants to drive the bulldozer through the National Park:

[TampaDude]

Maybe he should rent a helicopter, instead.

[CindyDawg]

A really loud helicopter.

[MineralMan]

Yeah, or an SUV with a trailer. Dozers are kinda hard on roads. Note, if you read the rest of the article, that the Park Service isn't keeping him off his inholding. They're just not letting him run a dozer on that abandoned mining road.

It ain't always simple.

[Steveone]

He has a right to access his own land! and the logging road seems a sensible route!

[Psycho_Bunny]

The wilderness family has been turned inside-out since the lawsuit was filed. Last fall, Hale was indicted by a grand jury on 30 felony counts of rape, assault and incest involving one of his daughters. He was arrested by Alaska State Troopers after a weeklong manhunt and is now in Mat-Su Pre-Trial Facility.

Ug.

[MineralMan]

Here's a statement from some of "Pilgrim's" 15 children, along with a family friend:

---

FAMILY FRIEND (Jim Buckingham)

Our primary concern as a family is the safety and welfare of Country Rose and her 15 children during this very difficult period in their lives. We have been privileged to discover in Country Rose and her older children a genuine desire to do what is right before God and man ... a pursuit which has been greatly hindered by their father who demanded unwavering submission to his gravely misguided authority.

Over the last six months of close contact with the older children, we have discovered young men and women that have purposed in their hearts to genuinely follow Jesus Christ, to amend the wrongs of the past and set an honorable and productive course for their lives in the days ahead. We, along with others who know them well, are committed to assisting the Pilgrim family in whatever way we can to achieve those noble goals.

[Jim Buckingham is an Army officer stationed at Fort Richardson, Alaska. His family have opened their home and their hearts to us.]

Currently, Country Rose and her seven younger children are residing at their homestead outside of McCarthy (Hillbilly Heaven) indefinitely.

The older children (Elishaba, 29; Joseph, 28; Joshua, 25; David, 23; Moses, 20; Israel, 18; Jerusalem, 16; and Hosanna, 15) voluntarily left their home at Hillbilly Heaven in the Spring of 2005 in order to clearly separate themselves from the influence, misguided authority and control of their father 'Papa Pilgrim' as their eyes were opened to the blatant sin and deceit that their father had perpetrated over the years on the whole family.

Three of the older brothers, Joshua, David and Moses, are currently finishing up a commitment they have doing big game guiding in the Wrangell Mountains.

The five other older children (Elishaba, Joseph, Israel, Jerusalem and Hosanna) are currently residing at the Buckingham's home in Palmer.
JOSEPH PILGRIM

Through the support of the Buckingham family and the Lord working in our lives, our eyes were opened to the sin and deceit which had been occurring behind the scenes and which was hidden from my brothers and I. When our sister came to us for help, we were united in our desire before God to take whatever action was necessary to protect her.

OLDER PILGRIM CHILDREN

We hold no bitterness, anger or resentment towards our Papa but simply desire that he be held accountable for his actions before God and man. We would pray that he would openly confess his sin before God and repent ... knowing that God is able and willing to both forgive his sin and save his soul. This is the hardest thing we have ever had to do, but we want to be clear about our desire to separate ourselves from evil ... which required us to physically separate from Papa. The requirement that we count the cost of following Christ has required that we be obedient to the Scripture which says, 'He that loveth father or mother more than Me is not worthy of Me.' Matthew 10:37.

We are so thankful to have the love and complete support of our Mama in this very difficult time. We trust her explicitly and know that she would lay her life down for us. We also are grateful to have the love and support of the Buckingham family. They have truly been a 'father to the fatherless' during our time of real need and provided us with daily love and counsel. Our lives are filled with joy and hope of a new life before us.

http://www.pilgrimfamily.com

[MineralMan]

Read on. This "Pilgrim" character may be guilty of incest and other wrong acts on his 15 children. He's very possibly a serious nutcase.

[RightWhale]

He has a right to access his own land! and the logging road seems a sensible route!

Ah, a response to the issue.

There are many landlocked parcels in Alaska. It is a major problem, but no, he doesn't have a right to access his own land by crossing other land. What is sensible is not what is legal.

[RightWhale]

a legitimate "easement" in real estate terms

Prescriptive rights can be established, but there is a legal procedure. The procedure was not followed.

[CindyDawg]

Huh. But you have two issues here. A restraining order I could see but this isn't the way to keep him out. I don't even see how it is a factor.

[Steveone]

"Read on. This "Pilgrim" character may be guilty of incest and other wrong acts on his 15 children. He's very possibly a serious nutcase."

He should be under the jail!

[Steveone]

I agree the laws make sense it is the Lawyers that confuse them.

[RightWhale]

it is the Lawyers that confuse them

I wouldn't go that far. One thing seems certain: most people do not know the first thing about their property rights or property rights in general.

[sgtbono2002]

This guy may be a sick nut. It appears he is.

But, is there any doubt that the Government wants this guy off the land so they can take it, ? If that doesnt work they dont want him to use it?

[Steveone]

I wonder how this guy found himself in this position?? Somewhere along the line you have to get to your property.

[CindyDawg]

Which came 1st? The mining road or the park?