----- Original Message -----
From: Jack Venrick
To: jacksranch@skynetbb.com
Sent: Thursday, August 14, 2008 1:12 PM
Subject: Rails to Trails Takings - Mark Your Calendars, August 20 5:30-7:30 Enumclaw Wash. Field House Petes Pool

Jeff - Can you post this or whatever part you wish on the CAPR Announce List?
Dear Property Rights Friends, CAPR Board, Senator Pam Roach, Representative Dan Roach & Representative Chris Hurst:
Please mark your calendars for August 20, 2008, 5:30 - 7:30PM at the Enumclaw, Washington community hall (Pete's Pool). 
See the King County letter below.
CAPR President Steve Hammond cannot make this meeting.  No other CAPR (Citizen Alliance For Property Owners) board members have responded to date. 
Senator Pam Roach has responded from Peking, China where she and her family are attending the Olympics.  Hopefully we will connect Thursday when she gets home.
I urge you to contact those Senators and Representatives in your districts who are for property rights to ask them to attend this meeting.  The "Foothills Trail" goes through at least Districts 25, 27, 30 & 31 in the South End & probably many more if you start to look at the Puget Sound and the State.
King County council member's are the problem here not the solution, i.e. business as usual.
It is critical we have a large showing of property rights people at this meeting.  King County, City of Enumclaw and the State together with the pedal bike zealots will try to railroad these trails through our private and public property. 
If Senator Roach cannot make it, I have concerns that this will be another DOT Roundabout like or Nestles Bottling Plant like back door taking attempt. 
The last meeting we had on this subject was at the Enumclaw City Hall with a dozen other rural property owners, friends and neighbors of Ed Storm. 
King County Washington, other Puget Sound counties, cities & State mentality is -
Local, county, state & federal government employee servants continue to systematically take OUR PRIVATE AND PUBLIC PROPERTY
A number of people at the first Rails To Trails meeting at Enumclaw, told the Enumclaw Mayor and King County that they did not like this double standard.  (see report attached above "Rural Property Owner Tells Enumclaw Mayor...") if you  haven't already.  Those comments fell on deaf and dumb ears.
The government strategy used is to take the PRIVATE & PUBLIC property quietly
Also near-by Rail To Trail property owners end up suffering from all the collateral damage of the trail are not informed. 
Another important point is that the laws of the land have been so perverted
It will cost a property owner roughly $100K to fight off the government
Unless property rights people do a "Paul Revere" and get the word out,
King County has taken down at least 250 abutting private property owners, most did not have a clue what their rights are. 
King County will try the same old strategy
This is how they control and strangle any resistance. 
Also, we should have one of the land use legal firms like Pacific Legal Foundation(Brian Hodges) and/or Groen Stephens (Sam Rodabough) there. 
The process AND the laws are cooked in the government's favor, 
We need legislation to stop this Rails To Trails Congressional "Act" ASAP and all of its down stream collecteral damage. 
However, until some brave Senators & Representatives get this together,
"If we don't stand together, we will surely hang together.."
Thank you for your support of Ed Storm (Stormy) and those property owners along and near these trails who are being literally railroaded.
Ed Storm and I can only do so much here. 
If the rural property owners continue to not respond to these takings,
We are fighting for our traditional use of OUR PUBLIC AND PRIVATE LAND not some urban special interest zealot.  They cannot have it both ways!
Jack Venrick
Enumclaw, Washington
----- Original Message -----
From: Jack Venrick
To: Senator Pam Roach ; Rep. Dan Roach ; Representative Chris Hurst
Sent: Wednesday, August 06, 2008 12:36 PM
Subject: Dear Property Owner - We Have Plans To "Railroad" Your Property Soon - Please Come To Our "Open House"

bcc: CAPR Board
Dear Senator Roach & Representative Roach & Hurst & CAPR Board:
I received this announcement below from Ed Storm and wanted to send this out to everyone but thought it best to give you a heads up first.
This "meeting" , please see below, is going to be another DOT like bully session, I'm sure.  I attended the last one at the Enumclaw City Hall with a dozen of the local rural property owners whose land use and claims are being confiscated.  It was "open season" on the unsuspecting rural property owners including their one local Buckley attorney.  The property owners didn't have a chance and were figuratively chickens thrown in with the wolves.  I was dam near arrested and charged for telling the City and the County, they could not do this. Representative Roach was supposed to be there, I believe but couldn't make it. The former Mayor of Enumclaw and friend to Ed Storm said he should have been there too to help.  He appears to be against the trail.
The counties and the state have been working on this for decades.  The property owners are the last to know and become involved in meeting charades like this one at the eleventh hour and 59 minute.   You are well aware of the tactics used.  They try to corral the ignorant and herd them down the chute of taking.   The decisions have already been made, the PA's have systemically taken everyone's property and the use of it from them and the local District courts have quickly complied.  
My research shows the following groups pushing this:
  1. Pierce and King County Park Departments, 
  2. Washington State Interagency Committee for Outdoor Recreation,
  3. Foothills Trails Coalition - https://www.piercecountytrails.org/board.php
  4. The Washington Wildlife and Recreation Program (WWRP
    1. https://www.wildliferecreation.org/wwrp-projects/projects/Buckley_to_South_Prairie_Foothills_Trail
    2. The Washington Wildlife and Recreation Program (WWRP) is a state grant program that creates and conserves local and state parks, wildlife habitat and working farms. The Washington State Recreation and Conservation Office administers WWRP grants, and the legislature funds the program.
Senator Roach, what is the best strategy to use here?  Can you meet with the applicable 4 Legislative District Senators shown below?  There is an endless list of open ended issues on these takings.  I have listed many in this email and also in the attached emails, especially in the one "Rural Property Owner Tells...".
No title searches have been done for the hundreds of rural and urban property owners these trails are going through.  No one has been informed of their rights, no independent land use expert counsel has been provided, no history on the chicanery of the Rails to Trails takings have been provided, ecetera, ecetera.
You know much better than I how to handle this situation.  My thoughts are to use this Rails To Trails taking as an opportunity to throw all this back into some committee to work out a new "process" that is sensitive to the rights of all the rural and urban private property owners abutting AND near by.  There is unending and growing list of hardship cases these Rails To Trails create for the adjoining property owners.   
Also we have some inside advantage with Steve Hammond being back with the County under Councilman Reagan Dunn.  Plus we have a recent local Rails To Trails case decided in favor of the abutting property owners, please see attached "Beres Rails to Trails Groen Case"  However these cases are very expensive, like $100K and are very title type dependent and chain of title dependent and land grant dependent.  There are numerous entanglements that the state and Congress have created over the centuries. 
I guess I can crudely summarize all the information in this email to one point, even if the government can create some legal fiction they can take the land that is not good enough.  The government and special interest agenda has been to work around the abutting and near by property owners.  Then at the last hour they launch a local PR campaign, exactly like you experienced with the DOT forced roundabout attempt here in Enumclaw that you all successfully squashed.
Jack Venrick
PS Also check out these sites FYI
  1.  https://dwb.thenewstribune.com/news/local/story/6006500p-5276571c.html
  2. https://www.rco.wa.gov/documents/rcfb/Grants/WWRP/WWRP_press_release_detail_report.pdf ($8.5 million dollar requested budget!)
  3. (NOT FOR PUBLIC DISTRIBUTION) Jack, the Beres case which is on Lake Sammamish was handled by John Groen of Bellevue 425-453-6206.  I suggest you contact him to get a current location to copy the case.  The first case is the Hash case and John Groen can also give you the cite for it.  We are moving out of Washington State to Wyoming as Washington has gotten totally out of hand politically.  The Enumclaw ROW was slightly different that the Hash and Beres case (1875 Act) as your ROW was granted by the Northern Pacific land grant in 1864 although a few reroutes were granted under the 1875 Act. Groen may be able to help you out, but at a price.  If I remember correctly, the folks on your ROW had plenty of warning but chose to sit on the sidelines until it is now probably too late as the Court of Claims has a six year statute of limitations on filing.  I gave a talk to the ROW owners back in 1993 but received nothing but blank stares as I mentioned it would probably cost them some money--so they got what they paid for--nothing.
    Dick Welsh--NARPO

----- Original Message -----
From: Jack Venrick
To: AJack R. Venrick
Sent: Wednesday, August 06, 2008 11:05 AM
Subject: Dear Property Owner - We Have Plans To "Railroad" Your Property Soon - Please Come To Our "Open House"


I hear one lone small town doctor started this whole mess of taking via the rails to trails at least in the south end.  I will spare him the embarrassment or fame of mentioning his name. 
All funding of these trail takings need to be stopped immediately.  This is no way to treat anyone, let alone upstanding private property owners who are already wrapped around the government axle of taking a hundred times. 
If you need more evidence, more reasons, more pictures, more suffering, more government and bike zealot caused insanity read the attached emails and the government's own admission of the problems below.  Anyone who is so naive to think that there are no problems taking property for A and giving it to B, should talk to me or better yet, I will invite you to our next little property rights "Little Shop of Horror Stories" on the latest takings of King and other Communist counties around the green insane Puget Sound.
This part of Washington State, i.e. the Puget Sound is beyond compare and will live in infamy with its karmic debauchery it has suffered upon all the innocent good upstanding credible private property owners.  With all due respect to each of you in our "hallowed halls" of the Senate, Legislature, Executive Office & the Judiciary, many if not most of you are totally clueless of the downstream impact of your political biased decisions.  Each and every ruling you  people make is used multiple times AGAINST THE POOR AND INNOCENT PRIVATE PROPERTY OWNERS WHO ARE ONLY TRYING TO MAKE IT THOUGH THE DAY.
All of you in government, directly and indirectly have taken an oath to protect private property.   
John (Jack) R. Venrick
Enumclaw, Washington

This sign is now gone, shortly after I released the pictures of the trail takings and the story.
One quarter million dollars just for the City of Buckley.
Let's not even count all of the other cites and rivers and gorges, water lines, gas lines, high power transmission lines...
The abutting and nearby property owners didn't know what hit them
Lets not count the thousands of abutting property owners and adjacent property owners along these little taking trails of tears
The voters don't have a clue either. 
Only "The Shadow" Government and Governor knows what is going on behind closed doors for the last decade and more 
Washington State Interagency Committee for Outdoor Recreation is headed by Kaleen Cottingham, who has represented Futurewise, an environmental extreme shell organization.  See excerpt on her below extracted from email above entitled "Enumclaw to Buckley Rails to Trails - the Little Trail of Tears."

OLYMPIA - Governor Chris Gregoire today announced the appointment of Kaleen Cottingham of Olympia as the director of the Recreation and Conservation Office, formerly the Interagency Committee for Outdoor Recreation. The office supports five boards that create and maintain recreation opportunities in Washington, protect the state's wild lands and contribute to salmon recovery efforts.

"The Recreation and Conservation Office is responsible for maintaining much of what gives Washingtonians such a high quality of life - recreation opportunities, a diverse biological heritage and a commitment to salmon recovery. I am excited that Kaleen Cottingham will be leading this office as they move into a new chapter," said Governor Gregoire. "She has worked on natural resources issues in Washington her entire career and brings a depth of knowledge to the position."

Cottingham, 51, owns a legal consulting firm, focusing on natural resources and environmental permitting and projects. As a lawyer, she has worked on a proposal to build a national research laboratory near Leavenworth, supported the Election Reform Task Force, facilitated the development of a water-planning process in King County and a dispute over the Thurston County off-road vehicle park.

She also has represented Futurewise, a statewide land use advocacy group, on legislative issues.

Cottingham is a member of the faculty in the paralegal program at Tacoma Community College, where she taught environmental law, land use and basic paralegal training. She was appointed by Governor Locke as a member of the Pollution Control and Shorelines Hearings Board from 2001 - 2003, hearing appeals of decisions regarding pollution, water rights, hazardous waste facilities and shoreline development rights.

She was the Deputy Commissioner of Public Lands from 1997 - 2001 and led the agency's strategic direction and policy initiatives on a wide variety of natural resources issues. From 1993 - 1997, she was the Supervisor of the Department of Natural Resources, where she as responsible for both the day-to-day operations of the department as well as governmental and public relations. Prior to this, Cottingham served as the natural resources policy advisor and then the legal counsel for Governor Gardner.

Kaleen Cottingham, State Policy Representative for Futurewise, participated in negotiations during the 2007 Washington state legislative session that led to the enactment of SB 5248 relating to agriculture and critical areas.

This is a shameful act and black mark upon Governor Gregorie and the State to place such an extreme green radical in a position like this. You may as well give the money directly to Futurewise ex 1000 Friends of Washington so they can go around and sue every property owner and city in Washington State.

Looks like the trail is a Pierce and King County taking with the help of the Washington State Interagency Committee for Outdoor Recreation
You can read all the background attached I have been able to dig up that I can show publicly

Looks like the trail takings cross at least legislative districts 27, 25, 30 and 31

District Legislators

Senator Debbie Regala
Representative Dennis Flannigan
Position 1, Democrat
Representative Jeannie Darneille
Position 2, Democrat
Sound to Mountain Rail to Trail Encroaching on the unsuspecting property owners
Whether they want it or not,
Whether they own it or not,
Whether they know it or not,
Whether they can afford an highly specialized land use attorney or not,

District Legislators

Senator Jim Kastama
Representative Joyce McDonald
Position 1, Republican
Representative Dawn Morrell
Position 2, Democrat
Don't worry, all the details have been taken off by King and Pierce County Park Departments
and the Washington State Governors Office
and the Washington State Interagency Committee For Outdoor Recreation
and all the little taking cities along the trail
and the county Prosecuting Attorney offices are busy sending out mail
threatening suit if you try to prevail

District Legislators

Senator Pam Roach
Representative Dan Roach
Position 1, Republican
Representative Christopher Hurst
Position 2, Democrat
You want a park?
You want a trail?
You want a wetland?
You want a dry land?
You want fish?
You want a bird?
You want it "Critical" or "Sensitive" or just Rare?
You want it "endangered maybe
You want license or a code or a perhaps a fee?
Come one come all
To the Puget Sound Communist County ball
But if you want to use your land as you see fit
Or build or remodel or develop it
Just forget it

District Legislators

Senator Pam Roach
Representative Dan Roach
Position 1, Republican
Representative Christopher Hurst
Position 2, Democrat
Here is my "favorite county
I live here well not really anymore
The communist have moved in
I merely rent my land that I once owned
From the green collectivist

How many ways can you destroy private and public property, let me, no I have already done that, see attached.  Even better let the government count its own ways.  Please see below.

Rails-with-Trails: Lessons Learned


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R.D. Hursh, Annotation, Duty and liability of municipality as regards barriers for protection of adult pedestrians who may unintentionally deviate from street or highway into marginal or external hazards, 44 A.L.R. 2d 633 (1955).

Robin Cheryl Miller, Annotation, Effect of statute limiting landowner's liability for personal injury to recreational user, 47 A.L.R. 4th 262 (1986)

Ronald V. Sinesi, Annotation, Government tort liability for injury to roller skater allegedly caused by sidewalk or street defects, 58 A.L.R. 4th 1197 (1987).

L.S. Tellier, Annotation, Contributory negligence of adult struck by train while walking or standing beside railroad track, 63 A.L.R. 2d 1226 (1959).

James L. Isham, Annotation, State and local government liability for injury or death of bicyclist due to defect or obstruction in public bicycle path, 68 A.L.R. 4th 204 (1989).

W.E. Snipley, Annotation, Duty to take affirmative action to avoid injury to trespasser in position of peril through no fault of landowner, 70 A.L.R. 3d 1125 (1976).

C.C. Marvel, Annotation, Liability of municipality for injury or death from defects or obstructions in sidewalk to one riding thereon on bicycle, tricycle, or similar vehicle, 88 A.L.R. 2d 1423 (1963).

D.A. Cox, Annotation, Obstruction of sidewalk as proximate cause of injury to pedestrian forced to go into street and there injured, 93 A.L.R. 2d 1187 (1964).

Danaya C. Wright, Private rights and public ways: property disputes and rails-to-trails in Indiana, 30 Ind. L. Rev. 723 (1997).

Delta Farms Reclamation Dist. No. 2028 v. Super. Ct. of San Joaquin County, 190 Cal. Rptr. 494 (1983).

Leonakis v. State, 511 N.Y.S. 2d 119 (1987).

Lovell v. Chesapeake & Ohio R.R., 457 F.2d 1009 (6th Cir. 1972).

Mayor and City Council of Baltimore v. Ahrens, 179 A. 169, 171-73 (Md. 1935).

Powell v. Union Pac. RR. Co., 655 F.2d 1380 (9th Cir. 1981).

Watterson v. Commonwealth, 18 Pa. D.&C.3d 276 (1980).

Status of one at railroad crossing who has walked or intends to walk along tracks, 9 A.L.R. 1322 (1920).

State of weather as affecting liability for injury to one struck by train or street car, 20 A.L.R. 1064 (1922).

Liability of operator of logging road or other private railroad for injury to person on track, 46 A.L.R. 1076 (1927).

Liability of railroad company for injury to trespassers or licensees other than employees or passengers struck by object projecting, or thrown, from a passing train, 112 A.L.R. 850 (1938).

Liability for death or injury as a result of suction from passing train, 149 A.L.R. 907 (1944).

Duty of railroad toward persons using private crossing or commonly used footpath over or along railroad tracks, 167 A.L.R. 1253 (1947).To provide Feedback, Suggestions, or Comments for this page contact Christopher B. Douwes at christopher.douwes@fhwa.dot.gov.

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