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Thread: Private Sidewalk Saves Bike Trail

  1. #1

    Private Sidewalk Saves Bike Trail

    For many years the Rock Island Railroad Company ran trains through Colorado Springs. When they gave it up METRO grabbed it by escheat (I think). The City built a great bicycle trail on the land but pretty quick politicians wanted an east-west thoroughfare for trucking traffic and were going to get the referendum passed until a clever attorney advised the neighborhood to pool interest in accessing the public path via a Private Sidewalk.



    It was pretty windy but I stopped and got a record anyway. There are some pretty good lessons to be learned from this I believe.
    Last edited by David Merrill; 11-16-16 at 04:10 PM.

  2. #2
    Pretty good way to paint METRO into a corner !!

    ....as an aside....if I didn't know any better, I'd think you were saluting @ 0:21

  3. #3
    You jarred my memory again about land rights..

    Brandt, 69, has protested the trail since the Forest Service proposed converting the abandoned railway for recreational use nearly a decade ago. He claims that once the railroad abandoned the government-issued right of way in the mid-1990s, he gained ownership of that land.
    "We traded for the land with a right of way on it for railroad uses," Brandt said. "They want to bring a train through here, that's fine. We never expected and we never agreed to a bicycle trail." http://www.eenews.net/stories/1059991197

    In the middle of 2006, the Forest Service asked a federal court to declare its ownership of the right of way, citing a reversionary interest in the 1875 law.

    Reversionary interest is the interest that a person has in a property when a preceding estate ceases to exist. It means any interest the enjoyment of which is postponed. A reversionary interest can be either a vested interest or contingent interest. Under reversionary interest, a transferee's right to own and occupy land is subjected to a condition that is placed by the property owner. A reversionary interest cannot be enjoyed if the condition is violated and the property upon which the reversionary interest is given will return to the original owner. http://definitions.uslegal.com/r/reversionary-interest/

    The Driscolls and their lawyers contend that the road is private and always has been. "For us, it is an issue of private property rights," said Rudy Driscoll Jr., who manages the 4,000-acre ranch. http://www.sfgate.com/bayarea/articl...er-3019543.php

    However, Mr Walker failed in his attempt to bar "the whole world" from entering the land because the court said it did not have jurisdiction to make the ruling. http://www.independent.ie/irish-news...-26819719.html

    The deed states that the property “. . . is landlocked and without any direct access to the freeway or to any public or private road. The state of California is without obligation or liability to provide access. . . .” Cole doesn’t dispute the deed’s verbage but, he said, from 1998 until 2010 there were no issues. Cole said entered the property on a yearly basis to comply with city ordinances. http://www.dailyrepublic.com/news/va...p-land-access/

    Alaska lawmakers accused the U.S. Fish and Wildlife Service of violating federal law by shutting down hunting on its lands during the government shutdown, saying a 1980 law guarantees state residents must have access to the land.

    Read more: http://www.washingtontimes.com/news/...#ixzz2qL4pLBbM
    Last edited by Chex; 01-14-14 at 05:04 PM.

  4. #4
    Interesting...
    You know, I gave that show a shot "Adam ruins everything" he had an episode about the automobile industry.
    He talked about how it really ruined the country based by Demand...more cars, more parking spots more imminent domain...(if I used the right legal procedure they enForce).
    I shake my head cause day after day I reach more realization of just how SERIOUS our self-destructive system is headed to destruction.

  5. #5
    I think the term may be more accurately escheat. Michael Joseph knows, I bet. The owner of the property with the private sidewalk added to his property line, to the center of the railroad tracks by escheat, with the sidewalk being paid for by the homeowners' association and available as a public access for the community.

  6. #6
    Quote Originally Posted by David Merrill View Post
    I think the term may be more accurately escheat. Michael Joseph knows, I bet. The owner of the property with the private sidewalk added to his property line, to the center of the railroad tracks by escheat, with the sidewalk being paid for by the homeowners' association and available as a public access for the community.
    Escheat would arise out of death, abandonment or dissolution of the owner of the property. An easement can arise by declarative action or will or it can arise by prescriptively (i.e. over 10 we used went over that path to get to school and the owner didn't say nuffin' so it became a public easement basically".) Eminent domain, of course, is exercise of sovereign prerogative to take property for a PUBLIC use. If METRO lacks actual authority they might rely on a kind of 'fast track prescriptive easement' that pretends to be eminent domain ("We are taking this....*waits* *waits* {no reply, no controversy} *takes") (fancy pants lis pendens). Adverse possession is a way of beating the state to perfecting an escheat which typically requires a seven year delay.

    Crafty attorneys also attempt to promote encroachment activity restricted to a state's territorial jurisdiction by using prescriptive easements of a more abstract kind such as paying your local assessor to 'sell' the 'international building code' in his (sales) district--pegging it to the de jure local building code to give it an air of legitimacy and authority. A whale in the middle of the street just looks far out of place. Put it on a cart, in a see-through aquarium as part of a long-running, annual parade and then its "suddenly acceptable".
    Last edited by allodial; 10-30-16 at 01:18 AM.
    All rights reserved. Without prejudice. No liability assumed. No value assured.

    "The object in life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane." -- Marcus Aurelius
    "It is the glory of God to conceal a thing: but the honour of kings is to search out a matter." Proverbs 25:2
    Prove all things; hold fast that which is good. Thess. 5:21.

  7. #7
    I believe the relationships in sequence describe the City presumed escheat when the Rock Island Railroad abandoned the tracks and the private property strip. But the City discovered the private sidewalk and its use, which is the escheat claim by the neighborhood homeowners' association.

  8. #8
    Senior Member Michael Joseph's Avatar
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    Quote Originally Posted by Christopher Thomas View Post
    Interesting...
    You know, I gave that show a shot "Adam ruins everything" he had an episode about the automobile industry.
    He talked about how it really ruined the country based by Demand...more cars, more parking spots more imminent domain...(if I used the right legal procedure they enForce).
    I shake my head cause day after day I reach more realization of just how SERIOUS our self-destructive system is headed to destruction.
    The first will be last and the last first. Esau - flesh consciousness always seems to bloom in full strength first, but then Jacob [man of the mind], who was second, begins to rule in the house. Later, once the mind has matured, the mind and body make peace with each other. Thus there is an evolution in consciousness that happens in every (wo)man. For Esau, I hated, Jacob I loved. But then we see Jacob and Esau hugging each others neck as the Mind realizes how much it has neglected the body and the two make peace.

    One must find balance else that leads to chaos and destruction. Thusly one is born natural and then becomes spriritual but then the spiritual redeems the natural. The natural man is a brute beast - literal in his estimations and thusly his deeds produce death for his deeds are subject solely to his five senses which are limited.

    Finding no heir to inherit, the Grantor may assign his estate, and this is a shame for what House may be built upon an assignment. And how may property Escheat to a dead man? Nevertheless Trust pledged is a living Charity. In North Carolina there exists the concept of "vested rights" and it works like this: If I have a property that is land locked and I construct a drive-way across your property to gain access well naturally that is a trespass on my part. However, if you remain silent in regard to the protection of your rights, then in your silence you agree to the existence of the driveway. As such, an accord is struck in silence. Upon the 8th year of use you may not contest my use and the existence of the driveway and I would then obtain to an easement [ditch to ditch] across your property. One would do well to study this concept. For to comprehend this matter is to know the 16th was agreed to by all the States in silence. They had only to utter a single "peep" and yet nothing was heard.

    If the Grantor retains rights in the Grant, then upon finding no heir, the Rights of Use may Escheat to the Grantor. King's were quite fond of Escheatment in the days - and some thought to outsmart the sitting King by placing the Estate in the possession of the Dead Hand [Church]. For since the Church does not die, then once the Estate is in its possession it remains never to be transferred again. Thusly, these purposes defeated the Crown and therefore laws were promulgated in effort to defeat such purposes - Statute of Uses and the Statute against Perpetuities still remain from Henry VIII even today upon the books of many, many States in existence.

    Therefore Escheatment exists upon failure of succession in ownership. Example: Grantor grants an Estate in Land for "himself and his heirs". His only son inherits upon Grantor's death. His only son does not have children and does not marry. Therefore, there is no one to inherit the Estate in Land. Notice, however, that the Land Right is preserved in the State, but the Estate is Land fails due to lack of a successor. The Land remains in the State and thusly the Superior Right holder would gain an Escheatment since the Estate is a derivative of the Superior Right in Land.

    It is hard to know how one party obtains to an interest in property. Assignment of Interest many times is done privately and the public need not have any knowledge of the procedure of which one obtains an interest or outright ownership. Many times I have taken an interest in property thru a Trust. For instance the fee simple owner places the property in Trust and then obtains 100 percent beneficial interest [true ownership] in contract. The trustee holds both legal and equitable titles in trust and in contract. The beneficiary may enter into a "contract for beneficial interest" with me of which upon performing my vows, I might receive 50 percent ownership in the property as consideration. This is entire private. In terms of the public, the trustee has not changed and therefore the public remains ignorant of the new ownership structure. I may decide to split my beneficial interest 50 times into 1 percent interests. And the foregoing is perfectly legal. In order for one to foreclose out the property all of the interests must be foreclosed.

    In the foregoing example, it is assumed that there is no mortgage and, as such, not subject to the Garn St. Germain act of 1982.. The foregoing example also provides protection against Escheatment, probate, etc. And thus the "family farm" may continue to be held by and for the family for many generations. What profits a man to gain the entire world and leave it to a fool? A wise man leaves the Estate to a wise man in trust! The fool is not allowed to manage or own the Estate until he gains knowledge.

    Hook: Galations 4 and Hosea 4:6.

    Therefore, a Grantor may setup each office of the Trust like this : Trustee and successors in office... beneficiary and successors in interest

    Now here is the kicker - when a NAME is placed in a Trust, then the Trust exists only for the lifetime of that one being named. If you study carefully the Preamble to the Constitution of the United States, one will notice that no names were given. Therefore the Trust is unlimited and does not cease to exist. One will say "but what if man ceases to acknowledge the existence?" While no energy is being granted upon the Trust, the Trust still exists and awaits those who will pickup its offices again - one day!

    The State therefore is the GREATEST asset protection plan ever invented. Considering the memory of man one may argue termination upon forgetfulness. And yet, that too fails upon artifacts and the will of future generations. The "builders of State" till the ground carefully. And they hide right before your very eyes. For those who lack ears to hear the "K" is silent.

    Knights Templar - do show.... [Kay']n ights Templar - Cainites Templar.

    There comes a time, when Jacob must leave and separate from worldly concerns [Esau]. It may seem that I left to go into an tangent and did not return, but it only seems that way. When you realize what I AM means, then you will see give Israel no inheritance for they inherit God. Can you image the wealth? And yet blind men fight over scraps from the masters table.

    The other day I was catching fish to eat later that day. When asked if I was with a license I just replied I am trying to catch food to eat. With a tip of the hat, I was informed to have a good day. See that I claimed within a higher Estate. All souls indeed are subject to a Higher Power.

    Shalom,
    MJ

    P.S. From another discussion this week. Redeemed means no further obligation exists from our out of the Estate of which property was Redeemed. That unlocks the door. If you are one who only considers money when you consider the term Redeemed, then you will be wise to consider districts and now one has climbed another rung higher. Nevertheless one has not obtained to Superior Rights. For instance property may be redeemed out of the Estate of the Taxpayer, which will result in no future lien upon said property held for the benefit of the Federal Reserve, and yet, one would do well to acknowledge trustees exist upon the face of paper money.

    It does not take a genius to realize that money is held in trust and that its USE does not grant upon the USER allodial [superior] Rights. How could it? What it grants is an allodial estate in fee simple. Which is to say 100 percent of the Right of Use of the Right held by a Superior Trustee. Therefore once Superior Rights are established in the State, the State is protected against alienation. Whilst Estates may be bought and sold the Right of which Estates are carved remains in the State.
    Last edited by Michael Joseph; 10-30-16 at 06:32 PM.
    The blessing is in the hand of the doer. Faith absent deeds is dead.

    https://www.lawfulmoneytrust.com

    ONE man or woman can make a difference!

  9. #9
    Quote Originally Posted by David Merrill View Post
    I believe the relationships in sequence describe the City presumed escheat when the Rock Island Railroad abandoned the tracks and the private property strip. But the City discovered the private sidewalk and its use, which is the escheat claim by the neighborhood homeowners' association.
    So Rock Island Railroad's abandonment started the escheat clock ticking. But in the meantime, the people's established a prescriptive easement meaning METRO could not apply escheat against the easement. They could attempt to exercise eminent domain against the HOA, but that would be a slap in the face of the HOA Soviet.

    Quote Originally Posted by Michael Joseph View Post
    It does not take a genius to realize that money is held in trust and that its USE does not grant upon the USER allodial [superior] Rights. How could it? What it grants is an allodial estate in fee simple. Which is to say 100 percent of the Right of Use of the Right held by a Superior Trustee. Therefore once Superior Rights are established in the State, the State is protected against alienation. Whilst Estates may be bought and sold the Right of which Estates are carved remains in the State.
    #1 Money held in trust if it is lawful money can give rise to lawful money transaction because the holder of the money is an agent of the beneficiary for the purpose of receiving or making payment. Not sure how anyone who sufficiently comprehends banking or trust law could arrive at your conclusion. The trust aspect of banking is distinct and different from the payment and transactional system. The the authorizations riding along with the trust agreement (in the bank account agreement) authorizes the bank to receive or make payments ON BEHALF OF or FOR the accountholder (owner): that is an agency-principal relationship riding on top of or next to a grantor-trustee-beneficiary relationship.

    #2 I suspect you're only seeing a portion of the bigger picture: the political status of the owner affects the level of title the owner can claim. Your perspective on title to property fails to take in how political status affects or limits the level of title a person can hold.

    #3 Allodial doesn't mean 'superior'. In most any context the one who holds property in allodium is not a 'user' and it is not a 'use' on his or her part. Divided title pertains to a use as in to borrow my lawnmower or renting a tool from ABC Hardware you are 'use-ing' (divided title ) but its not yours. You are rather injuriously muddying the waters between situations of divided title and situations of property held in allodium. There is no "use" with allodial title.

    #4 A fee simple simple estate is hardly an estate in held in allodium. I'm not sure how anyone who knows trust law or property law could arrive at your conclusion. A fee simple estate is held with the county or state as a landlord, rent has to be paid in the form of property tax. Your statements are highly misleading.

    #5 MJ if you're a fief or subject of a European or Roman Monarch then that limits your title right there--your entire life would be held in divided title potentially from cradle to grave. Not saying that to be a bad thing, but simply on the topic of divided title vs allodial title, the political status would be specific to your situation though hardly universal and would limit your ability to assert allodial title. The contraindications or benefits associated with being of a particular status seems to be at the heart of wars: this thing called envy. Someone admitted to me that European nobility didn't despise Americans, they were envious because they were under restrictive fiefdoms and feudal obligations with tiny portions of land to boot. While Americans had access to property in allodium.

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    Imagine some 'wars' being nothing more than collective, infantile, envy-induced tantrums. "If I cant be free neither can you but I'll dress it up in some kind of religious piety so you cannot see my 5th-grader envy-angst."

    Amazing how many people spread their religion out of envy ("If I cant be free neither can you but I'll dress it up in some kind of religious piety so you cannot see my 5th-grader envy-angst."). If A sold his soul to Secret Sauce Master Z, he need not export it to the world. Amazing yet still, how much sh#t-disturbing in the world is based on stinky envy cloaked with the perfume of something else. Ephesians 1 & 2 explains why the saint can access allodial title--because the kingdom is conferred on them. If the saint places himself under a fief or the like, then he might have to live up to the terms of that fief or alienation.

    “Wrath is cruel, and anger is outrageous; but who is able to stand before envy?” Proverbs 24:7
    Last edited by allodial; 10-31-16 at 12:05 AM.
    All rights reserved. Without prejudice. No liability assumed. No value assured.

    "The object in life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane." -- Marcus Aurelius
    "It is the glory of God to conceal a thing: but the honour of kings is to search out a matter." Proverbs 25:2
    Prove all things; hold fast that which is good. Thess. 5:21.

  10. #10
    Quote Originally Posted by Michael Joseph View Post
    P.S. From another discussion this week. Redeemed means no further obligation exists from our out of the Estate of which property was Redeemed. That unlocks the door. If you are one who only considers money when you consider the term Redeemed, then you will be wise to consider districts and now one has climbed another rung higher. Nevertheless one has not obtained to Superior Rights. For instance property may be redeemed out of the Estate of the Taxpayer, which will result in no future lien upon said property held for the benefit of the Federal Reserve, and yet, one would do well to acknowledge trustees exist upon the face of paper money.

    It does not take a genius to realize that money is held in trust and that its USE does not grant upon the USER allodial [superior] Rights. How could it? What it grants is an allodial estate in fee simple. Which is to say 100 percent of the Right of Use of the Right held by a Superior Trustee. Therefore once Superior Rights are established in the State, the State is protected against alienation. Whilst Estates may be bought and sold the Right of which Estates are carved remains in the State.
    This conversation stemmed from my email broadcast to all Members here. It might be difficult to get it without dedicating an hour or two to the links but looking over the email and links will definitely help you comprehend this summary.

    As the True Church, so to speak - meaning not sanctioned by the US or FRB of Governors, CASTLE CHURCH TRUST is sanctified; Mandatory Exception like declared in Title 26 USC 508(c)(1)(A).

    508(c) Exceptions
    (1) Mandatory exceptions

    Subsections (a) and (b) shall not apply to—

    (A) churches, their integrated auxiliaries, and conventions or associations of churches, or
    One page linked to the email shows my identity as acknowledged upon forming the irrevocable trust:

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    The nexus or bridge is around stolen territory in 1861. Nobody calling anyone on this theft resulted in the constructive trust Territory of Colorado and subsequently State of Colorado in 1861. Then my genome began quickening - subconsciously at first. You may scoff. That is okay. I am who I am and that means I know my ancestry and that proves out my right to the waiver of tort.

    If you look at the end of the Complaint you can see that David A. GILBERT seemed to pioneer the deviant bonding syndicalism in 2005. But this was upon my known knowledge about (now) Mayor SUTHERS never even having an oath back in 1996, and that was the end of the full term. Plus you see how he finally comes correct with a proper fungible fidelity bond in the end there.

    It gets a little difficult to explain and after writing this post all day long it might just be better to scrap it and start over.

    I called the system on theft of the Territory, from the US and adopted into as best I describe it, the Levite priesthood in municipal jurisdiction. The City Builders might be best described Masonic, I don't assert that because it turns out the Masons are custodians of the record (history) and I am grateful for that. Because when I requested a look, they treated me like the King. It was like they had been waiting a very long time for me to arrive.


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    This claim, to be the Author of Zionism is found in the Masonic Sandusky Bulletin - 1933.
    Last edited by David Merrill; 10-31-16 at 03:21 PM.

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