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Author Topic: Property Rights Abuses Need Your Attention  (Read 837 times)

CNHT

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Property Rights Abuses Need Your Attention
« on: August 02, 2006, 04:16 PM NHFT »

Come support Sam Bourne in his continued fight for private property rights in Madison, NH.
He is going again to court at the end of October (see www.nhlibertycalendar.org if you would like to support him) to stop the town from claiming the right to run snowmobile trails right across his private property for the benefit of hotel owners and ATV clubs.

The trial date is October 30-31 and November 1-2 of 2006 at the Carroll County Superior Court.

The town's expert road study committee leader Robert King, has admitted at a deposition, that he personally hand drew in the missing roads on the only map they used to determine the location of alleged Class, VI roads in Madison. (FRAUD!).

The battle in far from over.

It's been four years of abuse, and at a HUGE expense, because of political abuse of power. Will the Judge make things right? Or will he condone fraud?

See you there!

Go to http://www.cnht.org/ and click on the first news item and it will take you to the place where his outrageous story is posted under "Insider News".
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Dave Ridley

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Re: Property Rights Abuses Need Your Attention
« Reply #1 on: August 02, 2006, 07:47 PM NHFT »

wait i'm confused... the first thing that we can do to help is show up oct 30 or 31?   anything happenign before that?
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Dave Ridley

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Re: Property Rights Abuses Need Your Attention
« Reply #2 on: August 02, 2006, 07:48 PM NHFT »

could you please post the names and (office) numbers of some perpetrators so at least we can make some calls and ask questions? 
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CNHT

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Re: Property Rights Abuses Need Your Attention
« Reply #3 on: August 02, 2006, 10:41 PM NHFT »

could you please post the names and (office) numbers of some perpetrators so at least we can make some calls and ask questions? 

Why not email Sam directly to find out what they are doing to him and then show up at the courthouse on those dates. Madison is doing a number on this man, read the article first.
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Dave Ridley

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Re: Property Rights Abuses Need Your Attention
« Reply #4 on: August 04, 2006, 10:55 PM NHFT »

From the CNHT website:


----

The saga of Sam Bourne continues as they continue to attempt to rob him of his property rights by claiming they can run ATV trails over his property using bogus maps and deeds.

Sam will be fighting back again on October 29th. Please see the www.nhlibertycalendar.org if you would like to support Sam in court.

The story so far from Sam:

The abuse of property rights in Madison started in 1998, when a road study committee was implemented through the efforts of Robert King to enlarge his profits at his motel. This group wanted trails over private property for control of new snowmobile and future ATV trails, by claiming prescriptive rights prior to 1968 RSA 229:1, to create Class, VI roads over private land.


The committee findings were excepted by town vote in 2000, constituting an unlawful taking.

The Town has already lost one case Riss V. Madison Docket 02-E-036 and NH Supreme Court Docket 2004-0323.

In my case, the selectmen in order to circumvent the case, did a new layout over my access right of way, without any compensation,
construction, engineering, while abusing the reasonable use. This new layout is also a testing ground for new layouts over other private land.

The violation here is of RSA231-A:5 section I, Municipalities shall not use the power of eminent domain to establish trails.

There are no public roads to or over my property shown on any official maps from the years 1780-2003.

During a deposition of Mr. King, he admitted to hand drawing in the missing roads on the only map the committee used.
This Unofficial Map is a tracing done in 1976 to show all roads from 1860 to 1976, and even though the Court in the Riss case
had determined this Map to be unreliable, Mr. King removed the description of a road that headed toward my property but
never entered it. Plus it also turned and headed east, following a closed snowmobile trail east of my land. After erasing the alleged road,
Mr. King then drew in a new road heading straight into my property and placed it in the committee exhibit file as evidence to support the committee conclusions.

To me this was a deliberate act of fraud RSA 638:1.

Prior to any knowledge of what conspired and relying on the claims of the Town, I petitioned the selectmen to move the trail out of my front yard, to the outer perimeter of the 50 acre estate, but that was rejected and then I appealed pro-se to the Superior Court, and then after some research I realized the Class VI claims were unfounded and then I filed a new complaint to remove the Class VI status placed in error. But because of the continued endangerment to my family's use of the property by the snowmobilers speeding though my front yard within 6 feet of my doorstep, I filed another complaint for an injunction to stop the abuse.

The Court ordered the town to install a fence/barrier in my front yard, so the town put up a plastic snow fence held up by one inch wooden stakes. This will not protect an innocent child from being run over by a speeding snowmobile, nor stop the nuisance.

The selectmen in an attempt to chase me away, deliberately contacted the Electric Co-op to prevent the new installation of electrical power, as soon as I broke ground to build a newer house, the selectmen revoked my building permit. I also applied for a 4 lot subdivision which was rejected for lack of a 50 foot wide access, as my access is deeded 30 feet wide, but then a few months later the town granted an 8 lot subdivision on a 25 acre parcel with a 27 foot wide access in a different part of town.

When it came to discovery the town was very limited to what they disclosed and when I came across tax maps in the Madison Library vault, the selectmen ordered all departments to NOT allow me access to any public records. After disputing this outrageous behavior, my new attorney was able to gain access to town records in the Town Hall, where I found a complete file of all the Town roads showing every road's starting point and ending point, and you guessed it -- there was NO record to any such public road to or on my land.

Every Motion I filed pro-se for some sort of relief was always denied by the Court.

Every Motion for summary judgment so far has been denied.

The selectmen even went so far as to have the new police chief order a cease and desist order preventing me from any maintenance of my access driveway, as the man who was hired to repair it was ordered to stop and then after my objection he was able to finish the repairs necessary, but then the town filed a motion to have me remove the crushed gravel/stone.

The Court then granted the motion and I was ordered to remove the repairs done.

So now my access driveway is all washed out with major gullies and I can't safely use my property.

This group has also been attempting to open up all the alleged class VI roads to ATV use, but after the town voters rejected this attempt the selectmen and Robert King filed HB 1166 to take control of the new Class, VI roads.

At this point the ATV group is attempting to open up the Trout Pond Conservation land to ATVs in Freedom and once they complete this task they will then open most of the alleged class VI roads in Madison to ATV use, destroying the use of my property the rest of the year.

The Superior Court in Carroll County has allowed this abuse to continue for about four years now, so I think the more people keeping an eye on this Court may help justice be served, but without it, I think all property rights will continue to be abused.

I also have one neighbor Roger Cyr claiming deeded rights to my land were there are none, in order to grant permission as his guest to the snowmobile and ATV group to cross my land as he is an active member of both of the snowmobile and ATV club.

This outrageous abuse has no standing, but we shall see how the Court handles this deliberate harassment.
_________________
Ed Naile, Chairman CNHT
www.nhtaxpayerradio.com
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CNHT

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Re: Property Rights Abuses Need Your Attention
« Reply #5 on: August 05, 2006, 12:37 AM NHFT »

From the CNHT website:


----

The saga of Sam Bourne continues as they continue to attempt to rob him of his property rights by claiming they can run ATV trails over his property using bogus maps and deeds.

Sam will be fighting back again on October 29th. Please see the www.nhlibertycalendar.org if you would like to support Sam in court.

The story so far from Sam:

The abuse of property rights in Madison started in 1998, when a road study committee was implemented through the efforts of Robert King to enlarge his profits at his motel. This group wanted trails over private property for control of new snowmobile and future ATV trails, by claiming prescriptive rights prior to 1968 RSA 229:1, to create Class, VI roads over private land.


The committee findings were excepted by town vote in 2000, constituting an unlawful taking.

The Town has already lost one case Riss V. Madison Docket 02-E-036 and NH Supreme Court Docket 2004-0323.

In my case, the selectmen in order to circumvent the case, did a new layout over my access right of way, without any compensation,
construction, engineering, while abusing the reasonable use. This new layout is also a testing ground for new layouts over other private land.

The violation here is of RSA231-A:5 section I, Municipalities shall not use the power of eminent domain to establish trails.

There are no public roads to or over my property shown on any official maps from the years 1780-2003.

During a deposition of Mr. King, he admitted to hand drawing in the missing roads on the only map the committee used.
This Unofficial Map is a tracing done in 1976 to show all roads from 1860 to 1976, and even though the Court in the Riss case
had determined this Map to be unreliable, Mr. King removed the description of a road that headed toward my property but
never entered it. Plus it also turned and headed east, following a closed snowmobile trail east of my land. After erasing the alleged road,
Mr. King then drew in a new road heading straight into my property and placed it in the committee exhibit file as evidence to support the committee conclusions.

To me this was a deliberate act of fraud RSA 638:1.

Prior to any knowledge of what conspired and relying on the claims of the Town, I petitioned the selectmen to move the trail out of my front yard, to the outer perimeter of the 50 acre estate, but that was rejected and then I appealed pro-se to the Superior Court, and then after some research I realized the Class VI claims were unfounded and then I filed a new complaint to remove the Class VI status placed in error. But because of the continued endangerment to my family's use of the property by the snowmobilers speeding though my front yard within 6 feet of my doorstep, I filed another complaint for an injunction to stop the abuse.

The Court ordered the town to install a fence/barrier in my front yard, so the town put up a plastic snow fence held up by one inch wooden stakes. This will not protect an innocent child from being run over by a speeding snowmobile, nor stop the nuisance.

The selectmen in an attempt to chase me away, deliberately contacted the Electric Co-op to prevent the new installation of electrical power, as soon as I broke ground to build a newer house, the selectmen revoked my building permit. I also applied for a 4 lot subdivision which was rejected for lack of a 50 foot wide access, as my access is deeded 30 feet wide, but then a few months later the town granted an 8 lot subdivision on a 25 acre parcel with a 27 foot wide access in a different part of town.

When it came to discovery the town was very limited to what they disclosed and when I came across tax maps in the Madison Library vault, the selectmen ordered all departments to NOT allow me access to any public records. After disputing this outrageous behavior, my new attorney was able to gain access to town records in the Town Hall, where I found a complete file of all the Town roads showing every road's starting point and ending point, and you guessed it -- there was NO record to any such public road to or on my land.

Every Motion I filed pro-se for some sort of relief was always denied by the Court.

Every Motion for summary judgment so far has been denied.

The selectmen even went so far as to have the new police chief order a cease and desist order preventing me from any maintenance of my access driveway, as the man who was hired to repair it was ordered to stop and then after my objection he was able to finish the repairs necessary, but then the town filed a motion to have me remove the crushed gravel/stone.

The Court then granted the motion and I was ordered to remove the repairs done.

So now my access driveway is all washed out with major gullies and I can't safely use my property.

This group has also been attempting to open up all the alleged class VI roads to ATV use, but after the town voters rejected this attempt the selectmen and Robert King filed HB 1166 to take control of the new Class, VI roads.

At this point the ATV group is attempting to open up the Trout Pond Conservation land to ATVs in Freedom and once they complete this task they will then open most of the alleged class VI roads in Madison to ATV use, destroying the use of my property the rest of the year.

The Superior Court in Carroll County has allowed this abuse to continue for about four years now, so I think the more people keeping an eye on this Court may help justice be served, but without it, I think all property rights will continue to be abused.

I also have one neighbor Roger Cyr claiming deeded rights to my land were there are none, in order to grant permission as his guest to the snowmobile and ATV group to cross my land as he is an active member of both of the snowmobile and ATV club.

This outrageous abuse has no standing, but we shall see how the Court handles this deliberate harassment.
_________________
Ed Naile, Chairman CNHT
www.nhtaxpayerradio.com


Yes I posted that. And what about the above did you people NOT believe when I ORIGINALLY POSTED IT?

Wow.

The man is not even being offered compensation. THIS IS THEFT.
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tracysaboe

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Re: Property Rights Abuses Need Your Attention
« Reply #6 on: August 05, 2006, 05:29 AM NHFT »

For all you libertarians who believe government should be in the road building business. . . .

Could a private road company get away with this?

No.

Tracy
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CNHT

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Re: Property Rights Abuses Need Your Attention
« Reply #7 on: August 05, 2006, 11:55 AM NHFT »

For all you libertarians who believe government should be in the road building business. . . .

Could a private road company get away with this?

No.

Tracy

Tracy, this *IS* a private company. It's a motel owner and an ATV club...who is colluding with  the town fake roads on maps that did not exist. I guess Bill/Frank thinks this is OK to do? It's not different from New London.
In my town one of our former reps tried to pass a law in Concord to be able to take control over private water wells which most people have. It finally was ITL'd and tabled.

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tracysaboe

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Re: Property Rights Abuses Need Your Attention
« Reply #8 on: August 05, 2006, 01:48 PM NHFT »

Jane I know that.

The government's doing it on behalf of private companies. W/o government involved in the production of roads, this particular private/government insest would not be possible. It's private in the sense that mercantilism and fascism is private. Not in the sense  that it's free market.

Tracy
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CNHT

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Re: Property Rights Abuses Need Your Attention
« Reply #9 on: August 05, 2006, 01:51 PM NHFT »

Jane I know that.

The government's doing it on behalf of private companies. W/o government involved in the production of roads, this particular private/government insest would not be possible. It's private in the sense that mercantilism and fascism is private. Not in the sense  that it's free market.

Tracy

Also this is in no way connected to a 'road' that exists now or ever existed. You can't go on Sam's property and see a 'road'. But the town wants to seize the right to make ATV trails on his property using that as an excuse with fraudulent data they suddenly produced.
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