Arizona like all of the 17 western states has been in a battle with the forest service and blm, over roads, trails , and two tracks with in their respective counties and states. Finally after years in fact decades, counties all across America are finally asserting their Constitutional authority in reclaiming their lands. Apache County here in Arizona, has stepped up and taken a leadership role and has drafted two resolutions, informing the forest service and blm , where their involvement begins and ends. Over the past 10 years that Ive been involved it this issue. Apache county and many of its residents including the group known as CMLUA have been the only county or group that has aggressively driven this issue forward. It is hoped that the other 14 counties in Arizona and indeed , counties in all of the western 17 states. Will take advantage of the actions of Apache county leadership and its residents. So far at this writing , we’ve not seen any active or affective actions by state leadership in Arizona or any other western states, hopefully as more counties get on board, maybe the state governments will see, the reasoning for Governors and legislators to get on board.
For decades the forest service and blm, had the citizens of the western states convinced that they owned these national forest lands,. The fact is , as we have now demonstrated to county officials the truth. We own these lands, not the federal government. Their only legal relationship to these lands , was from a managerial position going forward that relationship must end. Ending that relationship is the only way that we will revive the economies in the rural communities of the west. What must be made clear , is that those economies are contrary to the agendas of agencies and environmental groups. Groups such as the Sierra Club and others lobbied the Department of Interior , Department of Agriculture , and the forest service for decades , pushing them into a gradual total take over ,or confiscation for lack of a better word. It would take several pages to illustrate the depth of these agency actions.
Now that the counties all across the western states are finally taking the time to be educated on the Constitution, Federal Law, State Law, U.S. Supreme Court ,State Supreme Court decisions, including several past county decisions and resolutions. We are turning the tide. We are taking this country back one County at a Time. We continually hear that federal law trumps state law. That assumption is a federal government,and media promoted false premise. To clarify, suggest you study the ” Rooker Feldman Doctrine. (Under the Rooker-Feldman doctrine, federal district courts lack subject-matter jurisdiction over any action that “in essence, would be an attempt to obtain direct review of the [state court’s judicial] decision in the lower federal courts.” ASARCO Inc. v. Kadish formerly http://thearizonasentinel.com/ASARCO_Inc._v._Kadish, 490 U.S. 605, 622-23 (1989).Put another way, the Rooker-Feldman doctrine provides that no federal district or appellate court has jurisdiction to review state court judgments. Sheehan v. Marr, 207 F.3d 35, 39-40 (1st Cir. 2000); see District of Columbia Ct. of Appeals v. Feldman, 460 U.S. 462 (1983); Rooker v. Fidelity Trust Co., 263 U.S. 413 (1923). For federal claims not presented in state court, Rooker-Feldman “forecloses lower federal court jurisdiction over claims that are ‘inextricably intertwined’ with the claims adjudicated in a state court.” Sheehan, 207 F.3d at 39-40. A federal claim is “inextricably intertwined with the state-court judgment if the federal claim succeeds only to the extent that the state court wrongly decided the issues before it.” Hill v. Conway, 193 F.3d 33, 39 (1st Cir. 1999). The logic of this rule stems from the proposition that if a federal court were able to grant relief from the state-court judgment, it would be “difficult to conceive the federal proceeding as, in substance, anything other than a prohibited appeal of the state-court judgment.” Hill, 193 F.3d at 39.The Tag = U.S. Supreme Court has held Rooker-Feldman to be inapplicable where the party against whom the doctrine is invoked was not a party to the underlying state-court proceeding. See Tag = De-Grandy, supra, at 1006, 114 S. Ct. 2647, 129 L. Ed. 2d 775.This above decision is exactly why it would be helpful if state leadership would join the counties.If you are residing in a county , that has been dealing with these unlawful takings and are fed up with this (USFS/BLM) overreaching federal agency. Please read the following resolutions. Then copy them , get on the agenda for your next county or parish board of supervisors meeting, and read them out loud, make copies for each board member. You will also have the link to this page , that you can share with your friends, neighbors, family, anyone that is interested. If they love their freedom (private property rights) and country they need to get involved,. If you need to talk to someone about this or any other property rights issue, send us a email at “arizonasentinel@aol.com” , we’ll then give you a phone number that you can call , and actually talk to a person.
For those of you that are new to this site, to really understand the threat that the west has been under for over many decades from these federal agencies. Let me suggest a good read that will get your dander up. ” Storm over Range Lands‘ by Wayne Hage. The good news is we are winning this fight, we are also now pressuring the appropriators in Washington to eliminate or drastically cut the budgets of these agencies. In fact Ron Paul wants to eliminate the Department of Interior and Ag all together. Wont happen to soon.
I salute all those in Apache county , that never gave up the fight, that knew the law and how to use it.
Click on the below link to open Apache County Resolution Documents: Send this site to everyone in your address book , tell them to do the same, tell them to send it to their county Sheriff and commissioners, tell them to “Take Back Your Country One County at a Time”.
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