Trouble Brewing In Them Thar Hills

Ken AshfordCourts/Law, Gun Control, Rightwing Extremism/ViolenceLeave a Comment

There is a dispute regarding property rights to gold mine in Oregon between the owners and the Bureau of Land Management (BLM).

If only we had a mechanism to resolve land disputes in this country.

Oh yes.  The court system.

But the allure of an armed conflict with federal agents has still proved irresistible to self-styled militia members who have flocked to Oregon to stir up trouble.  At issue is a disagreement over how to interpret records of the mines’ ownership:

(BLM spokesman) Jim Whittington said it boils down to there being two different types of rights to the land: mining rights and surface rights. He said the two men involved in the dispute own the mining rights to the land, but not the surface rights. The BLM’s records, Whittington said, show that the surface rights at the Sugar Pine Mine were ceded to the agency in 1961 by the party that owned the claim at that time. He said the BLM in March served the Sugar Pine Mine with two letters saying as much.

Co-owners Rick Barclay and George Backes have argued, however, that they still possess the surface rights on the Sugar Pine Mine claim. Barclay said Thursday night on local television station KDRV that the BLM had served him with a “cease and desist letter” despite having showed him no proof that the agency retained the surface rights to his land.

“It’d be like somebody coming to your house saying ‘This is mine now. You got 14 days to take your house out and 30 days to take down your fences and everything you own,'” Barclay told the news station. “The average person’s going to say well, where’s your proof? I want my day in court before they destroy or force me to remove any of my property from my mine.”

Whittington said that the agency does not plan to take such drastic action.

“We’re not at all disputing that there’s a valid mining claim there,” he told TPM, adding that the dispute over who owns surface rights on the Sugar Pine Mine claim could be hashed out through what it likely to be a lengthy administrative appeal process.

Barclay, being suspicious of the federal agency, told KDRV that he’d enlisted the help of a local chapter of the Oath Keepers, a loose-knit national organization of current and former military and law enforcement officers who pledge to defend the Constitution against government overreach, to provide security on the property while he goes through the appeal process.

A call for volunteer personnel on the Josephine County Oath Keepers’ website quickly made the rounds this week among self-styled militia members on Facebook and YouTube:

Mary Emerick, a spokeswoman for the Josephine County Oath Keepers, has been fielding phone calls from interested volunteers from all over the country. At least one activist was turned away from the property because he had outstanding issues with law enforcement, Emerick told TPM in a phone interview.

“I am aware that people are just literally getting in their cars,” she said. “However, we also know that some of those people are on sort of a list and are not going to be welcomed at the camp.”

Since both sides of the dispute are anticipating a lengthy administrative hearing — and these things can last months or ever years — the gun nuts might actually get bored and leave Oregon since there isn’t any actual action to shoot at.

But you never know.