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The New 49ers Newsletter November 2014 Issue


by Dave McCracken General Manager,


Another win for our side:  We have come into written correspondence from the District Attorney of Siskiyou County which is rejecting to prosecute suction dredgers for not having a permit as a result of the recent Third Appellate published Decision.

In last monthís newsletter, I outlined the reasons why the recently published Decision, which is now binding on all Superior Courts in California, would likely discourage further attempts to prosecute suction dredgers.  It looks like my prediction was accurate, at least in Siskiyou County.  Here are links to the letters. Note that we have deleted personal identification information in the letters for security reasons:

Owen Jurgensen

Dennis Kim

Just as a cautionary note on this before you go out and start suction dredging in California without a permit, there is nothing preventing the California Attorney Generalís office from attempting to prosecute.  Having said that, Iíll make another prediction that if any prosecution of suction dredgers is attempted by the State, we would throw our money at the defense. Based upon the extensive language about our mining rights in the Rinehart Decision, I personally believe such a case would not proceed beyond a preliminary hearing.

These developments should go a long way towards prompting California to establish a reasonable set of regulations and permitting system in time for our 2015 season.:

Third Appellate Rejects Karuk Motion for Reconsideration! 

Here is another bit of good news for our side:  The Karuks and their allies recently filed a motion with the Third Appellate Court to reconsider its landmark Decision on behalf of Brandon Rinehart. They are suggesting that Brandon never had a federal mining claim in the first place, because the State owns the bottom of waterways! These guys just never give up!

Never mind that the State withdrew from this argument during the initial trial, and continue to charge Brandon property taxes on his federal mining claim!

We immediately replied with a brief of our own, asking the Third Appellate to reject the Karukís motion Ė which they ultimately did.  Here is an update Memo from our attorney.



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