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VA OC activist targeted for camping violations on his own farm

Old Virginia Joe

Regular Member
Joined
Apr 25, 2010
Messages
365
Location
SE Va., , Occupied CSA
I have received moderator blessings to bring this to your attention. I previously mentioned on OCDO how Isle of Wight County came after me when I let a disabled hunting friend of mine from Norfolk park his camper on my 86 acre farm so he could spend the night when he came over an hour away to hunt two days in a row, instead of driving back and forth. You know, hunting early morns, and hunting til dusk and all that. Long days. He was a cancer survivor missing half a lung, had rheumatoid arthritis, and hepatitis, so he was pretty weak. Someone made a complaint that we had someone "living" in the camper. I showed the county evidence that was not true. The county threatened legal action against me if we did not cease using the camper for even a single night, UNLESS I applied for and was granted a county "campground permit," which costs $1,350, plus whatever improvements to the land they would require. I refused to pay, so we quit camping until I could get the ridiculous ordinance changed. I spoke with each county supervisor privately, and when faced with this situation, they each (except one) spoke sympathetically to me, encouraging me to bring it up through channels to the board, and they would revise the stupid ordinance. So, I went to 6 meetings of planning commission and board of supervisors over eight months, garnering media and citizen support along the way. After 8 months, they refused to even make a motion to change the ordinance! So, I contacted The Rutherford Institute out of Charlottesville, Va., to help. My reasonable use of my property was being denied. They agreed to take my case pro-bono! We go to court Sept 23 in Suffolk. The county response is that we have no standing to sue them, because I never paid for the permit! WTH?! They say I should have applied for the permit, and THAT would give me standing. TRI does not agree with this absurdity, but the county quotes a case they say provides precedent. We shall see. So, they hope to have it thrown out on 9-23. A citizen, they believe, has to allow his money to be taken for frivilous causes, before he can sue for relief. Meanwhile, my three elementary age sons and I are denied the rights to use our dearly paid for property in the all-American way. This same ordinance which prohibits camper trailers also prohibits even tents in the same sentence! When we began fighting the county and the local paper ridiculed the county for what they were doing, the county started grabbing straws, pointing out how the camper was hooked to utilities. They say that proved someone was living there. Big deal! The utilities were already there from when I had my own mobile home there, legally permitted, from many years before I built my house elsewhere on the farm. Why should I be denied to use my investment in infrastructure? The ordinance mentions nothing about use of utilities, so this is just a red-herring to distract from the fact that the ordinance prohibits ANY camping overnight in ANY fashion on my land, either me, or my friend. Incidentally, my friend just died Dec 20, when he fell and got dangled upside down in his deer tree-stand on our farm. He died being denied the use of his camper, which allowed him to rest when he needed to. You connect the dots. Anyway, we could use the support if anyone has the time to come that day. Thanks so much.
There are many google references to my case, if you want to research this.
 

skidmark

Campaign Veteran
Joined
Jan 15, 2007
Messages
10,444
Location
Valhalla
"We must all hang together, or assuredly we will all hang separately."

Barring a rise in the river, we'll see you there. (I'm guessing a 9 AM start time.)

stay safe.
 

peter nap

Accomplished Advocate
Joined
Oct 16, 2007
Messages
13,551
Location
Valhalla
[h=1]http://news.oldva.org/?p=91155

VA OC activist targeted for camping violations on his own farm[/h]

Last year there was a tremendous battle in the General Assembly to pass Sunday Hunting. The reasons boiled down to one major item. PROPERTY OWNERS RIGHTS.
We own the land, pay taxes which we shouldn’t have to and as long as what we’re doing doesn’t infringe on someone else’s rights, should be left alone.
There are still a lot of Dragons to slay though, and this is a good one.
I’ve known about this case for a while and the bottom line is it’s the result of County Nazi’s grubbing for more fee’s from property owners. It should make an interesting case.

From the plaintiff’s internet postings.
I have received moderator blessings to bring this to your attention. I previously mentioned on OCDO how Isle of Wight County came after me when I let a disabled hunting friend of mine from Norfolk park his camper on my 86 acre farm so he could spend the night when he came over an hour away to hunt two days in a row, instead of driving back and forth. You know, hunting early morns, and hunting til dusk and all that. Lon
 

scooter348

Regular Member
Joined
Jun 2, 2014
Messages
172
Location
Northern Piedmont-Culpeper
"The county response is that we have no standing to sue them, because I never paid for the permit!"

I bet if you had paid the permit fee their response would have been "Well, you paid for the permit, so you must have agreed with it." This is a load of crap and if I can make it, I will be there to support you. Otherwise, good luck and Godspeed.
 

davidmcbeth

Banned
Joined
Jan 14, 2012
Messages
16,167
Location
earth's crust
Well, standing is required. The OP should post the case citation (and link to it). And the ordinance...

The question is: were you aggrieved by the opposing party. If so, then you have standing. If not, then you do not have standing.

I think you were aggrieved myself but also acknowledge that there could be case law supports that you were not.

If you lose and the case is tossed..its a big "Welkome to Amerika comrade!"

Time to file a notice of trespass ! Keep them off your land. And serve one upon the noisy neighbor.
 

The Wolfhound

Regular Member
Joined
Sep 3, 2009
Messages
728
Location
Henrico, Virginia, USA
I knew I felt a lurch in the force....

quote_icon.png
Originally Posted by skidmark
Sorry, but no can do. I'm fresh out of long stories and do not anticipate having one on that date.
tongue.png


stay safe.
That has never caused you pause before.

The planet has just shifted on its axis!
 
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Baked on Grease

Regular Member
Joined
Jul 4, 2011
Messages
629
Location
Sterling, Va.
I don't know if this helps at all but this just hit the presses:


U.S. court strikes down Los Angeles ban on living in cars-
http://articles.chicagotribune.com/...e-ordinance-2011-lower-court-decision-appeals

Not binding in VA I think, but could still be referenced for guidance if applicable? One of the persons arrested was living in an RV... I know it's a completely different wording of the law involved here, but I figured something may come from letting you know of it.
 
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Old Virginia Joe

Regular Member
Joined
Apr 25, 2010
Messages
365
Location
SE Va., , Occupied CSA
I don't know if this helps at all but this just hit the presses:


U.S. court strikes down Los Angeles ban on living in cars-
http://articles.chicagotribune.com/...e-ordinance-2011-lower-court-decision-appeals

Not binding in VA I think, but could still be referenced for guidance if applicable? One of the persons arrested was living in an RV... I know it's a completely different wording of the law involved here, but I figured something may come from letting you know of it.

That's interesting! Thanks for thinking and addressing my situation. I will forward this on to my looyahs right now, in case there is some way we can use this. Every little bit helps!
 

davidmcbeth

Banned
Joined
Jan 14, 2012
Messages
16,167
Location
earth's crust
I don't know if this helps at all but this just hit the presses:


U.S. court strikes down Los Angeles ban on living in cars-
http://articles.chicagotribune.com/...e-ordinance-2011-lower-court-decision-appeals

Not binding in VA I think, but could still be referenced for guidance if applicable? One of the persons arrested was living in an RV... I know it's a completely different wording of the law involved here, but I figured something may come from letting you know of it.

I actually lived in a car (a 1975 Olds Delta 88 -- it had a freaking basement! lol) for a period of 6-9 mos (the nice winter months of course). While I was a youth and had a choice to make : $$ for housing or $$ for schooling ... I choose schooling.

So I know that a person sleeping an a car gets hassled a lot. You find a place to park and sleep for only a short period of time before they tell you to move along. Most cops were nice, others total dillweeds.

I did not mind living in the car (I still took daily showers, etc) ... it was kinda nice, even when freezing. No telemarketers calling, saving cash ... nice.
 
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Baked on Grease

Regular Member
Joined
Jul 4, 2011
Messages
629
Location
Sterling, Va.
I actually lived in a car (a 1975 Olds Delta 88 -- it had a freaking basement! lol) for a period of 6-9 mos (the nice winter months of course). While I was a youth and had a choice to make : $$ for housing or $$ for schooling ... I choose schooling.

So I know that a person sleeping an a car gets hassled a lot. You find a place to park and sleep for only a short period of time before they tell you to move along. Most cops were nice, others total dillweeds.

I did not mind living in the car (I still took daily showers, etc) ... it was kinda nice, even when freezing. No telemarketers calling, saving cash ... nice.
I did the same for a time, fell on hard times and lived out of a 15 year old beatup car for a while (thankfully while single). Sometimes it really is the best choice considering someone's circumstances to do this for a short time to get back on their feet.
 

twoskinsonemanns

Regular Member
Joined
Apr 12, 2012
Messages
2,326
Location
WV
If it does get tossed I imagine you just go back to using the camper. Then if they do anything about it wouldn't that give a reason for a case?
 

rightwinglibertarian

Regular Member
Joined
Mar 22, 2014
Messages
827
Location
Seattle WA
OP I have shared this on my news page on three platforms. If I get the moderator go ahead I will post links. Rather wait than get inter trouble for advertising
 

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
OP I have shared this on my news page on three platforms. If I get the moderator go ahead I will post links. Rather wait than get inter trouble for advertising
You would not be advertising a product or service - posting cross links on a story of interest is fine.
 
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