Surprise Canyon Update-08/06/07

[OTR]

For Immediate Release: August 6, 2007

Property Owners Ask Court to Uphold Access to Panamint City

San Francisco - In court documents filed today, a group of property owners are asking a U.S. District Court Judge to hold the Bureau of Land Management in contempt of a 2001 order that closed Surprise Canyon Road to vehicle use by the public, but did provide owners of private property vehicular access to their property near Panamint City, California.

"The BLM has continually disregarded Federal District Judge Alsup's order by refusing to provide land owners a key to the gate across Surprise Canyon Road" said Kris Tholke, a property owner. "We are asking the court to ensure the BLM and other parties involved abide by the original court order".

According to a 2001 settlement agreement in the suit brought by a number of environmental organizations, the BLM agreed to close Surprise Canyon Road to the public, but the agreement also exempted owners of private property in the vicinity of Panamint City from the closure.

The 2001 settlement agreement also required the BLM to finish a National Environmental Policy Act, or "NEPA" document by July 2001. The document's purpose was to determine the public's access to Panamint City.

"Here we are six years later and there is no end in sight," says Bryan Lollich, a property owner. "The public has been told for four years that it's almost done, but they still haven't seen anything from the agency".

Property owners said in court papers filed today that the BLM has refused to allow property owners vehicular access to their property. The property owners have made numerous requests and filed applications for access which had been met with a series of delay tactics, and ultimately a decision by the Department of Interior to not even process requests for access by the owners.

Surprise Canyon Road is located on the western slope of the Panamint Mountains and is the only access route to the historic site of Panamint City, and the surrounding private property. Surprise Canyon Road and Panamint City are in a non-wilderness "cherry stem" created by an act of Congress, surrounded by Surprise Canyon Wilderness and Death Valley National Park. A "cherry stem" means that these areas were specifically excluded from wilderness because they did not meet the wilderness criteria. The cherry stem of Surprise Canyon Road and Panamint City was created by Congress to insure future public access to this historic town, and private property in the area.


Contact: info@fopv.org

I told you this was'nt over yet...

[Mustard Dog]

Let's keep it rollin

[RockBuggySupply]

Very nice.

Keep us updated.

[camo]

camo wants to be on CNN

[atvobsession]

Awesome....I've never been there, but have seen it on TV.


So...the million dollar question is....."When" you get a key....How can we all become "land owners"......You guys going to sell 1 foot squares....cause I'm in.

[luvrox]

Originally Posted by Shadow man

It seems that civil Disobedience gets the attention. Silently accepting isn't working.

Yes it would get attention, probably not the kind you are hoping for. After years and years of hard work by a small group of people I think this would be best served by letting Judge Alsop and his piers decide.

[Jeepndel]

Wishing you well with this long-winded fight. Sometimes the game goes on longer than you'd ever imagine. But it's worth it when you're doing something that makes a difference and stands up for your beliefs.

Del

[OTR]

Thanks Del !

kris.

[BlueTorch]

Keep it going. Good luck with the fight.

-Dan

[RE:Todd]

Originally Posted by Shadow man

http://www.cyberwest.com/california/...d-ruling.shtml




So, What does this mean? Its over?

No, it mean's you need to read the date of the article you linked.

[luvrox]

Originally Posted by Shadow man

http://www.cyberwest.com/california/...d-ruling.shtml

So, What does this mean? Its over?

I don't think so.
You might wait for a report from our side rather than believing the BS published by the enviro nazis.


P/S - - - Are you really that insecure?

[OTR]

Chill guys.

Lets make something clear.
The green groups read this board. This is the only place this press release was posted and it ended up in a newsletters shortly thereafter.

Bickering amongst ourselves will not do anything for us.

Shadow man, I appreciate the fact that you are in this forum. It shows that you have an interest in what is going on. Feel free to ask questions, in most cases there will be someone that can answer them here. Do not assume that anything is the way that the greens are suggesting. They still refer to the "riparian habitat" being in DVNP, and ignoring that the photos they show have been taken on BLM land. They will lie, as they have been on many issues, to further their agenda. Do they mention the historic road ? Do they mention the private property ? Do they mention that regular flash flooding removes all evidence of use and removes all the growth that they hold so dear ?

No. That would be against their agenda, and give their blind followers too much information.

Civil disobedience will not help us. You drive past the gate, you will be cited, and your vehicle will be removed by helicopter and impounded at your expense. You will have to appear in court and the judge will ask you if you knew there was a closure in effect. Since we all know there is a closure in effect and you do to, you will be found guilty on anything they can throw at you. You will pay for restoration of the lands you "damage", and screw up alot of what we have worked for..

You want that ?

The date of a press release and the date of a web article are two different things.

With that said, dont jump to conclusions. Feel free to visit here, educate yourself, and work within the law like we are doing.

kris.

[whyt]

Oral argument for the contempt of court motion brought against the BLM by private property owner's is set for oral argument tommorrow.
Oral argument will take place in Judge Alsup's courtroom, with lawyers from all sides present. We are slated for an 8am start.
It is possible that Judge Alsup could rule on this motion at this hearing. We will keep you posted.

Niether Kris nor I will be present, but we will be represented by our attorney's. I also believe Steve Keuhl may be present as well.

If anyone is interested in attending here is the info. Call first! I don't know if the hearings are open to the public.

450 Golden Gate Ave.
San Francisco, CA 94102
Courtroom 9, 19th Floor