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About The independent. (Vernonia, Or.) 1986-current | View Entire Issue (July 13, 1994)
Personal property rights are ignored The following letter refers to two recent lawsuits in Columbia County. The first reference is to the State of Oregon vs. Donald Bergerson; the second reference is to State of Oregon vs. Ken neth Smejkal. The charge in each case was “Failure to obtain a S tate R em oval P e rm it“ fo r gravel. To The Editor: The jury awarded in favor of the State of Oregon after a 3 day trial on the case of rock removal in excess of 50 cubic yards which was allowed the landowner and the protection of his properties located on the upper Nehalem River and no water flow was effected. The landowner was within his legal quota of 50 yards without a gravel removal per mit, but the key word on this issue or case was the DIS TURBANCE of all other rock in th e are a of TAKIN G . Clearing of the work site of debris and grasses for site visibility was counted, togeth er with the removal plus a tol erance for road compaction, etc, to obtain the total yards above the landowners quota of 50 yards. Landow w ners TAKE was established as 35 yards but the DISTURBANCE FACTOR of rock was the de te rm in a tio n fa c to r and key prosecution word. No equipment or vehicles crossed the stream. All work was on dry land owned by the la n d o w n e r. The ta x p a y e r pays taxes on all lands that the river flow s through; the state only owns the water and it’s water resources. This case was not based on stream m anagem ent of this free flowing stream but on how many yard sof rock w as ta k e n , in c lu d in g the c o u n tin g o f th e D IS T U R BANCE of rock and vegeta tion on the landowner’s own ership. The real proof reflects that governmental people are only strengthening their regulatory force upon private taxpaying ownerships without offsets or compensation. The national constitution of private proper ty rights are being ignored in favor of the public users. Only the stronger taxpay ers have the energy to stand up to and fig h t fo r private property rights and for all oth er taxpayers of our state. Cost figures for a 3 day tri al is expensive and especially annoying while waiting for the case to come to trial. The taxpayer is not only out his defendant costs but also his share of taxpaying do llars into our state’s funds. E conom ically, th is case was based on 50 yards of rock (w hich the landow ner holds in deed) and never de nied. If this rock was pur chased from outside suppli ers at the current rate of ap proximately $10.00 per yard it would equal a $500.00 valua tion. This is small potatoes ‘ . 4 com pared to 3 days court time. These same jurisdic tio n a l people cou ld have been working on other heavy duty cases such as drugs, rape, murders or thieves. In re a lity, it re fle c ts a movement to take our proper ty rights an inch at a time and stressing all other landowners to follow the governm ental pattern policies using their gospel words as guidelines. FACT: Another very simi lar case (w ithin a 1/2 mile along the same river) using the same judiciary, building and a tto rn e ys, w ith in one year, was awarded [to the de fendant with] a com pletely opposite jury decision. (One a plus and one a minus-guilty). Judiciary instructions were given not to inter-mix the orig inal (1st) cou rt tria l te s ti monies, in any way shape or form, to this case. Is this an infraction to our freedom of thought and speech under our federal constitution? Ralph E. Bergerson Vernonia Generosity made the fireworks possible To The Editor: Without the help of many businesses and individuals, we wouldn't have fireworks in Vernonia. 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