We can play the SB 670 game ourselves PDF Print E-mail
Friday, 18 December 2009

The SB 670 CEQA process is governed by APA. Which mandates public notice, and comment periods before any new regulations are implemented. In effect DGF has to tell the public the why, what & where they are going to impose new suction dredge regulations. Assuming DFG will impose some new stream, river, or whole drainage closures. In that any new year around closure would “take” all beneficial use of any valid placer mining claim that was only amenable to being mined by suction dredging. Ultimately, those mining claim owners effected by such a complete “taking” of all economically viable use of their private property rights. They would be due “compensation” for the value taken from them. Certainly, to collect compensation, various administrative, and judicial hurdles must be jumped. But, it’s there for those who have the ability to do just that.


SB 670 is an arbitrary law, that affects thousands of small scale miners in California. It was imposed ignoring the financial effect, hardship and loss it placed on all those it effected. In other words, if they knew what they were doing, the California legislature just didn’t care. If they honestly were ignorant of the facts, that SB 670 imposed “takings” of thousands of peoples private property rights. That the state could be held liable to ultimately pay for. By their very oath of office, those elected state officials have a “fiduciary duty” to know such things. As certainly, crafting, and passing law when you don’t know the effects it imposes, is arbitrary, capricious , and just plain stupid. Every human must in one way or another pay for their “stupid” mistakes. In this case, since it is the whole legislative body, the state becomes liable to pay for the ‘stupid” mistakes the legislature makes.


Frankly, on federal public domain lands where no placer gold exists. DFG can close every single waterway there to suction dredge gold mining. But where enough placer gold does exist on federal public domain lands, to support “valid” placer mining claim, I do care. Because any or all such closures DFG makes arbitrarily tramples on, and takes every placer mining claim owners private property rights there. So, in pondering all this, I thought to myself, CA & CA DFG want to play dirty, so can we. In that DFG is bound by law, to accurately describe the “what & where” of any new waterway closure they make, long before it goes into effect. That leaves a “window” of opportunity for anyone able to stake up all of any open federal public domain lands on gold bearing waterways before DGF closure regulations are implemented.



In this computerized day & age, it would be an easy quick task to determine who already has placer claims there, and what ground is not covered in any particular waterway drainage DFG proposes to close. Just a few dedicated knowledgeable men, with a diligent effort could insure every single inch of open ground was also staked up . With that mining claim ID BLM serial #, local, and ownership data base in hand . It would also be a relatively easy task to formulate those claims mean average value, and present that data to DFG before they implement closure” regulations. DFG cannot legally ignore something like that, when it lands in their lap, like a hot potato. But, say they do ignore it, as that is most likely, given their stance anyway. So, they go ahead and impose the “closure” regulations, knowing full well the unlawful “takings” it effects, and to whom.


Knowing the facts beforehand, they did it to themselves. So, the state of California becomes liable. Next step, send the Governor, and DFG a bill. Which they would also probably ignore. But, in doing so, the involved victims demanding compensation, have exhausted all administrative remedies. The next step, sue the state in a class action suit. Where, without doubt plaintiffs (that’s us) would prevail. Now you might think of the attorney fees, and costs involved. Given the dollar amounts of the mining claim, and gold values involved the suit would be for many (many, many) millions of dollars. In that it is a SURE winner. Without doubt, a well established competent law firm would take such a case on a contingency basis. In that CA & DFG acted arbitrarily, the court would also probably assess plaintiffs costs & attorneys fees to the state, as well. So, the compensation package, would not be diminished, or eaten alive by attorney fees.


So, if CA & DFG wants to “take” our private property rights. I for one am going to insure they pay the maximum amount possible, for every inch of any new federal public domain placer gold bearing waterway DFG closes. You can take that as written in stone, and that stone will eventually drop in CA & DFG’s lap. In a manner they will not enjoy, I assure you.

Last Updated ( Saturday, 19 December 2009 )
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