About AUSA Kevin VanderSchel First Assistant Attorney for the Southern District of Iowa.

This guy takes the cake. Like if its not on this website it there must not be evidence, pretty assumptive of the AUSA for the Southern District of Iowa. Chemical warfare has nearly cost me my life and he thinks its a good idea to put all my evidence out here for the public to view, even the deranged people who used chemical warfare to eliminate me from my property. What is it that he is calling assumptive? All the evidence I have posted is hard copy original documents. If he cannot prove beyond a reasonable doubt that chemical weapons were used to eliminate me from my private property when even a civil court order or no law enforcement would stop him from applying chemicals to MY property, he should really find a new job. This case is cut and dry. Any reasonable person who would read the evidence I have posted has no doubt this was an intentional act. This evidence is based on facts, SA Reinwart wanted to used hearsay evidence, when the hard copy evidence is right in front of him. He wasted tax payer money to travel clear to the tip of Iowa to refuse to review hard copy evidence and ask for hearsay. When a person knows he is causing another person physical harm and doesn’t stop what he is doing to cause it, its pretty obvious why he is doing it. There is nothing that I have posted that does not have hard copy evidence to support. Reinwart did not follow procedure for investigation and you have not followed procedure for prosecuting criminals. VanderSchel you are assuming that reasonable people do not know it is illegal to do anything to another person property, not to mention unheard of act of chemical warfare as stated by the EPA field investigator. That is a F(&99+ fact. And I have to mention that you advised me that you would not be the person prosecuting this case anyway so why do you think you have any input about this case at all? You are assuming you have some kind of authority over a case that you are not the prosecutor of. That show a defect in your personality any reasonable person can determine that to be a fact also. An attorney of minimum experience could win this case. The evidence is solid as a rock. Not the hearsay, the hard copy evidence. Hearsay does not stand up in court, don’t you know that?

10-3-2018 pg 2 Kevin VanderSchel

10-3-2018 pg 2 Kevin VanderSchel

About Kevin VanderSchel AUSA for the Southern District of Iowa.

Here is an example of how well FBI SA and the AUSA reviewed my evidence. In this letter the AUSA claims that most of the activity occurred 2003-2005. It is well documented that 2003-2005 is when the City allowed for the non compliant to State building code structures built on Mark Conlee’s nonconforming lot to be built. If they would have actually reviewed my evidence, instead of asking that I tell them this complex story they would have discovered the chemical warfare started in 2005-2010, during that time I was unable to get any protection of the law, there was a civil trial that the court ruled in my favor, however Conlee would not comply with that court order and the chemical attack continued on a weekly basis. There is nothing in this letter that is based on the facts the evidence supports. VanderSchel has advised that he has reviewed my website. He could not have mistaken the timeline if he actually had reviewed it. VanderSchel the chemical poisoning began in 2005. Are you being intentionally negligent? I also advised you that when I was forced to flee from my property because I could get no law enforcement to stop this man from applying the toxic chemicals to my property, the full body skin condition was so severe it was unbearable to wear clothes, I was blind, and I was homeless for the following 4 years. So that takes us up to 2014 before I was able to make contact with anyone who has the duty to protect my Constitutional Rights. SA Reinwart does not know that private property rights are Federally protected rights. He does not seem to know about any Federal laws except hate crimes. He did not review my evidence, He did not interview any of my witnesses, he did not interview my Drs., he did not interview the perps or he could have easily charged them with lying to the Feds. You tell me Mr. VanderSchel just what did SA Reinwart do to investigate my allegation. You claim that the statute of limitations had expired between 2013 and 2016, am I responsible to make Reinwart investigate in a timely fashion? I couldn’t even get him to review the hard copy evidence which was the purpose for him to come to my home 16 months after I contacted him. I had previously contacted a female agent from the Hiawatha division and was waiting some time for her to respond as she advised she would, finally I telephoned the number I had previously contacted her with, Reinwart answered and advise that she had been transferred. Is it my responsibility to call and check if an agent has been transferred? I have not read that as a standard procedure for complainants. Not to mention my emails to the Omaha division, and telephone calls to the Washington DC headquarters. I have gone above and beyond reasonable efforts to contact an FBI agent. Senator Grassley advised me in 2009 that an agent would be contacting me. I waited 10 years then I got impatient. Its not as if I have physically recovered from the chemicals illegally applied to my property without any protection of the law and my private property rights for those significant 5 long years.

Letter from Kevin VanderSchel claiming statute of limitations has expired.

Exposing public corrupt personnel at all levels.

Well this may be against my best interest but at this point what do I have to lose. I am publishing the email of the FBI SA who refused to review my hard copy evidence. Did not look into the financial record of the accused to see if perhaps a bribe has been paid. He accepted hearsay to be evidence. My case did not even get issued a case number. He did not recognize that private property rights are Federally protected rights. He continued to claim that no Federal law has been broken when anyone who has taken the time to review the evidence agrees with me that Federal laws have been violated on more than one occasion. tjreinwart@fbi.gov. He goes by the first name of Thomas.

The AUSA immediately advised me that he would not prosecute giving me three different reasons at three different times. The first three reasons I submitted evidence that he was incorrect as to what the evidence proved he was basing his decision on. Knowing he has been given false information or information based on hearsay by the above named FBI agent. The most recent decision not to prosecute was because he has the authority. I sent him guidelines suggested by the Attorney General but to no avail. The letter states that I am not supposed to contact this AUSA again. They will not put any more resources into my insignificant case. I explained that a civil court order early on in my favor was violated by the local government officials and he callously does not care. Kevin.VanderSchel@doj.gov. he of course goes by the name of Kevin.

There is no record of any citizen being forced to flee from their private property due to unlawful application of toxic chemicals being applied, ongoing for over 5 years. NONE. It seems to me that anyone who would continue an act that he knows is causing anyone else physical harm has some mental health issues. I know I would not do anything to anyone else’s property because it is illegal and immoral. It seems the Federal authorities feel that they can join in this figurative gang rape. I feel they need to be held accountable as well as the locals. There is nothing I have posted that is based on hearsay or based on fabricated information. There is much evidence that I have not posted. If these individuals are satisfied that they have upheld their duty and the oath they took to uphold the Constitution of the United States then they should be proud of their job performance in my unnumbered case. They never showed any real intent to defend my rights given by Federal law. They should be proud of their actions in this case that has multiple violations of Federal law. Anyone who reads my information and feels my Federally protected rights have been violated I urge you to email these individuals and let them know that private property rights are Federally protected rights and any other opinions you may have that Federal law has in fact been violated. Terrorism is not a violation of Federal law I have been told. Only supporters of terrorism are violating Federal law, so clearly the local officials who would not stop this neighbor from applying the chemicals to my property are supporters of terrorism. Yes herbicides and pesticides are considered chemical weapons. I have done all the research to know that violations of Federal law have occured.

If something happens to me it is well documented as to who may be involved. Just saying. Glyphosate is harmful to human beings when not applied as directed on the label. This is what is wrong with our Government today. Covering up and supporting corruption is not what the FBI has the duty to do. I want to know why I am exempt from the same rights that every other citizen takes for granted, as I did when I fled from my home, business and property. There is no justifiable reason any US citizen should have to suffer what I have suffered.

Attorney General’s guidelines for FBI investigation

Investigations by the FBI are premised upon the fundamental duty of government to protect the public against general crimes, against organized criminal activity, and against those who would threaten the fabric of our society through terrorism or mass destruction. That duty must be performed with care to protect individual rights and to insure that investigations are confined to matters of legitimate law enforcement interest. The purpose of these Guidelines, therefore, is to establish a consistent policy in such matters. The Guidelines will enable Agents of the FBI to perform their duties with greater certainty, confidence and effectiveness, and will provide the American people with a firm assurance that the FBI is acting properly under the law.

What’s the deal here? Are there any areas within the USA that are excluded? Because the SA that investigated my case did not follow anything about these guidelines, nor did he recognize that private property rights were Federally protected. Who doesn’t know that without having been trained to be an FBI agent?

Letter from US Attorney based on misinformation.

Letter from Kevin VanderSchel claiming statute of limitations has expired.

I have never claimed my damages occurred in 2003-2005, that is when the illegal property redevelopment was going on. My allegations of conspiracy against rights and deprivation of rights under color of law began in 2005 with the most recent occurring in April 2017. If anyone actually felt they had a duty to actually read my complaint there would be no mistaking of timelines.  But in this case we rely on what someone who was not interested in the first place tell their version of the story to a third party. That is hearsay, which is not evidence that is allowed in court or in any reasonable investigation. Mr. VanderSchel, how about I send a copy of my complaint directly to you. You read the entire complaint and then you may be more able to base a decision on what the complaint states. Your information is incorrect. I should not have to continue to beg for justice based on people being misinformed as to that the evidence supports. 

I contacted Senator Grassley in 2007, he forwarded my information to the FBI. Are you telling me it has taken 11 years for my case to get from the Senator to the hands of the US attorney and the information is not based on the information in the written complaint I submitted to the local FBI agent. This local agent told me 3 different versions of what would happen after I submitted my complaint to him. I do not have any evidence that he even submitted my written complaint. I have evidence that the most recent act of conspiracy happened in April 2017 well within the statute of limitations. I have not been negligent in anyway of not submitting timely complaints. How in the hell does it take 11 years for a complaint to get from a Senator to a US Attorney.

Somebody has some splanin to do. Where is the written complaint I submitted to the local FBI?

652. STATUTE OF LIMITATIONS FOR CONSPIRACY

Conspiracy is a continuing offense. For statutes such as 18 U.S.C. § 371, which require an overt act in furtherance of the conspiracy, the statute of limitations begins to run on the date of the last overt act. See Fiswick v. United States, 329 U.S. 211 (1946); United States v. Butler, 792 F.2d 1528 (11th Cir. 1986). For conspiracy statutes which do not require proof of an overt act, such as RICO (18 U.S.C. § 1961) or 21 U.S.C. § 846, the government must allege and prove that the conspiracy continued into the limitations period. The crucial question in this regard is the scope of the conspiratorial agreement, and the conspiracy is deemed to continue until its purpose has been achieved or abandoned. See United States v. Northern Imp. Co., 814 F.2d 540 (8th Cir. 1987); United States v. Coia, 719 F.2d 1120 (11th Cir. 1983), cert. denied, 466 U.S. 973 (1984).

An individual’s “withdrawal” from a conspiracy starts the statute of limitations running as to that individual. “Withdrawal” from a conspiracy for this purpose means that the conspirator must take affirmative action by making a clean breast to the authorities or communicating his or her disassociation to the other conspirators. See United States v. Gonzalez, 797 F.2d 915 (10th Cir. 1986).

FBI does not know property rights are Federally protected, he never responded.

songboat <songboat@gmail.com>Aug 19, 2018, 12:33 AM
to Thomas

https://www.fbi.gov/chicago/press-releases/2010/cg092310.htm
You have never looked into the financial records of Conlee and the County Attorney or my attorney or any of the rest of this criminal enterprise, have you? I told you that Mark Conlee’s personality disorder would not allow for him not to keep a record of who he payed off. It the linked case is Federal then why would my case be exempt? My case also falls into the guidelines of violation of international human rights crimes I have been told.So I would think there would be many allegations like mine. If there is no Federal law to hold City and Countys accountable for using chemicals to force you from your property and they happen to have a conflict of interest with the local officials, but the local officials instead of recognizing the conflict, they use the situation for personal gain. Hey, I read about conflict of interest on the FBI website. Why is my case not within the guidelines for Federal conspiracy against rights and deprivation of rights under color of law? By rights I mean my rights given by Amendments 4, 7,8, 14
The FBI is the primary federal agencyresponsible for investigating allegations regarding violations of federal civil rights statutes. These laws are designed to protect the civil rights of all persons—citizens and non-citizens alike—within U.S. territory. Using its full suite of investigative and intelligence capabilities, the Bureau today works closely with its partners to prevent and address hate crime, human trafficking, color of law violations, and Freedom of Access to Clinic Entrances (FACE) Act violations  

Color of Law Violations Preventing abuse of this authority, however, is equally necessary to the health of our nation’s democracy. That’s why it’s a federal crime for anyone acting under “color of law” to willfully deprive or conspire to deprive a person of a right protected by the Constitution or U.S. law. “Color of law” simply means the person is using authority given to him or her by a local, state, or federal government agency.

The FBI is the lead federal agency for investigating color of law violations, which include acts carried out by government officials operating both within and beyond the limits of their lawful authority. Off-duty conduct may be covered if the perpetrator asserted his or her official status in some way. Those violations include the following acts: 

Excessive force: In making arrests, maintaining order, and defending life, law enforcement officers are allowed to use whatever force is “reasonably” necessary. The breadth and scope of the use of force is vast—from just the physical presence of the officer…to the use of deadly force. Violations of federal law occur when it can be shown that the force used was willfully “unreasonable” or “excessive.” chemical weapons would fall under this catagory

 False arrest and fabrication of evidence: The Fourth Amendment of the U.S. Constitution guarantees the right against unreasonable searches or seizures. A law enforcement official using authority provided under the color of law is allowed to stop individuals and, under certain circumstances, to search them and retain their property. It is in the abuse of that discretionary power—such as an unlawful detention or illegal confiscation of property—that a violation of a person’s civil rights may occur. Fabricating evidence against or falsely arresting an individual also violates the color of law statute, taking away the person’s rights of due process and unreasonable seizure. In the case of deprivation of property, the color of law statute would be violated by unlawfully obtaining or maintaining a person’s property, which oversteps or misapplies the official’s authority. This happened multiple times in my case, This is the most personally offensive action against me in my opinion.

 Failure to keep from harm: The public counts on its law enforcement officials to protect local communities. If it’s shown that an official willfully failed to keep an individual from harm, that official could be in violation of the color of law statute. This one is a given. Did you look at the affects the chemicals had on my skin? The scars that I will carry with me on my arms the rest of my life. Nobody protected me from harm. You have the evidence that proves this without a doubt. 

Civil Applications  

Title 42, U.S.C., Section 14141 makes it unlawful for state or local law enforcement agencies to allow officers to engage in a pattern or practice of conduct that deprives persons of rights protected by the Constitution or U.S. laws. This law, commonly referred to as the Police Misconduct Statute, gives the Department of Justice authority to seek civil remedies in cases where law enforcement agencies have policies or practices that foster a pattern of misconduct by employees. This action is directed against an agency, not against individual officers. The types of issues which may initiate a pattern and practice investigation include:

  • Lack of supervision/monitoring of officers’ actions; City of Montrose and Lee County Ia
  • Lack of justification or reporting by officers on incidents involving the use of force; Lee County Sheriff’s Dept. and City of Montrose Police Dept.
  • Lack of, or improper training of, officers; and Lee County Sheriffs Dept. and City of Montrose Police Dept
  • Citizen complaint processes that treat complainants as adversaries. City of Montrose, Lee County sheriff dept, State of Iowa prosecuting attorney for Lee County

ADDRESSING POLICE MISCONDUCT LAWS ENFORCED BY THE DEPARTMENT OF JUSTICE

Federal laws that address police misconduct include both criminal and civil statutes. These laws cover the actions of State, county, and local officers, including those who work in prisons and jails. In addition, several laws also apply to Federal law enforcement officers. The laws protect all persons in the United States (citizens and non-citizens).  

It is a crime for one or more persons acting under color of law willfully to deprive or conspire to deprive another person of any right protected by the Constitution or laws of the United States. (18 U.S.C. §§ 241, 242). “Color of law” simply means that the person doing the act is using power given to him or her by a governmental agency (local, State, or Federal). A law enforcement officer acts “under color of law” even if he or she is exceeding his or her rightful power. The types of law enforcement misconduct covered by these laws include excessive force, sexual assault, intentional false arrests, or the intentional fabrication of evidence resulting in a loss of liberty to another. Enforcement of these provisions does not require that any racial, religious, or other discriminatory motive existed.  What remedies are available under these laws? Violations of these laws are punishable by fine and/or imprisonment. There is no private right of action under these statutes; in other words, these are not the legal provisions under which you would file a lawsuit on your own

Federal Civil Enforcement

“Police Misconduct Provision”

This law makes it unlawful for State or local law enforcement officers to engage in a pattern or practice of conduct that deprives persons of rights protected by the Constitution or laws of the United States. (42 U.S.C. § 14141). The types of conduct covered by this law can include, among other things, excessive force, discriminatory harassment, false arrests, coercive sexual conduct, and unlawful stops, searches or arrests. In order to be covered by this law, the misconduct must constitute a “pattern or practice” — it may not simply be an isolated incident. The DOJ must be able to show in court that the agency has an unlawful policy or that the incidents constituted a pattern of unlawful conduct. However, unlike the other civil laws discussed below, DOJ does not have to show that discrimination has occurred in order to prove a pattern or practice of misconduct. What remedies are available under this law? The remedies available under this law do not provide for individual monetary relief for the victims of the misconduct. Rather, they provide for injunctive relief, such as orders to end the misconduct and changes in the agency’s policies and procedures that resulted in or allowed the misconduct. There is no private right of action under this law; only DOJ may file suit for violations of the Police Misconduct Provision. 

Title VI of the Civil Rights Act of 1964 
and the “OJP Program Statute”

Together, these laws prohibit discrimination on the basis of race, color, national origin, sex, and religion by State and local law enforcement agencies that receive financial assistance from the Department of Justice. (42 U.S.C. § 2000d, et seq. and 42 U.S.C. § 3789d(c)). Currently, most persons are served by a law enforcement agency that receives DOJ funds. These laws prohibit both individual instances and patterns or practices of discriminatory misconduct, i.e., treating a person differently because of race, color, national origin, sex, or religion. The misconduct covered by Title VI and the OJP (Office of Justice Programs) Program Statute includes, for example, harassment or use of racial slurs, unjustified arrests, discriminatory traffic stops, coercive sexual conduct, retaliation for filing a complaint with DOJ or participating in the investigation, use of excessive force, or refusal by the agency to respond to complaints alleging discriminatory treatment by its officers. What remedies are available under these laws?DOJ may seek changes in the policies and procedures of the agency to remedy violations of these laws and, if appropriate, also seek individual remedial relief for the victim(s). Individuals also have a private right of action under Title VI and under the OJP Program Statute; in other words, you may file a lawsuit yourself under these laws. However, you must first exhaust your administrative remedies by filing a complaint with DOJ if you wish to file in Federal Court under the OJP Program Statute. 

Title II of the Americans with Disabilities Act of 1990 
and Section 504 of the Rehabilitation Act of 1973

The Americans with Disabilities Act (ADA) and Section 504 prohibit discrimination against individuals with disabilities on the basis of disability. (42 U.S.C. § 12131et seq. and 29 U.S.C. § 794). These laws protect all people with disabilities in the United States. An individual is considered to have a “disability” if he or she has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment. 

The ADA prohibits discrimination on the basis of disability in all State and local government programs, services, and activities regardless of whether they receive DOJ financial assistance; it also protects people who are discriminated against because of their association with a person with a disability. Section 504 prohibits discrimination by State and local law enforcement agencies that receive financial assistance from DOJ. Section 504 also prohibits discrimination in programs and activities conducted by Federal agencies, including law enforcement agencies. 

These laws prohibit discriminatory treatment, including misconduct, on the basis of disability in virtually all law enforcement services and activities. These activities include, among others, interrogating witnesses, providing emergency services, enforcing laws, addressing citizen complaints, and arresting, booking, and holding suspects. These laws also prohibit retaliation for filing a complaint with DOJ or participating in the investigation. What remedies are available under these laws? If appropriate, DOJ may seek individual relief for the victim(s), in addition to changes in the policies and procedures of the law enforcement agency. Individuals have a private right of action under both the ADA and Section 504; you may file a private lawsuit for violations of these statutes. There is no requirement that you exhaust your administrative remedies by filing a complaint with DOJ first. It was the misconduct of these officers that causes my disability.

It seems it would be appropriate to bring a complaint in violation of fair housing act, I would need to speak with the US Attorney about this issue;

I have also been advised this case is one of environmental protection violations. This case has some elements of all Federal law violations. If you have read this reply “ok”

I opened the letter from the Dept of Justice

The letter stated that the statute of limitations has expired. WHAT? I contact Senator Grassley in 2007. I have been complaining the last several years that the timeliness is unacceptable. Seems the US Attorney is just recently getting my complaint. I am sorry but I am not responsible for any statute of limitations expiring in this case. Whoever received it from Senator Grassley is responsible for any mishandling of my case. A case that is unprecedented. A case in which the most brutal means of attack were used. Chemical weapons were used with intent to cause serious injury or death. They did cause serious lifelong injury and had I not fled I would be dead. If I would have done this to another human being I would be in prison the rest of my life. How can the statute of limitations be expired if the FBI was investigating this case appropriately? Who is the victim of mishandling of a complaint. I am. So what now. I have followed all the proper procedures, except during the time I was blind and unable to function normally. I could not get my vision restored until 2012. I could not read. This is really a disappointment, I thought my case was being investigated all this time, but it seems the US Attorney is just recently getting my complaint. Come on now, this is unacceptable. Senator Grassley will hopefully deal with incompetence. He supports whistleblowers and exposing corruption. I hope he gets to the root of the problem with my case. The evidence supports all my allegations, the perps implicate themselves on public record. What could go wrong?

Simple question regarding Federal law. Just to verify my own understanding of the law.

I have a simple question regarding Federal law. I am requesting opinions and answers from anyone, this is not limited to attorneys.

Trespassing is a criminal offense? True or False

Someone trespasses on your private property, causing damage.  You have requested them not to trespass.  They continue to trespass and cause damage to your private property. The local law enforcement refuses to issue a criminal complaint on your behalf.

Do you believe these actions are in violation of the 14th Amendment. Is it your opinion that the described actions are in violation of Federal law?

Do you have any references that would support trespassing is not a violation of the 14th Amendment?

Governmental Conspiracies to Violate Civil Rights: A Theory Reconsidered

Source: Governmental Conspiracies to Violate Civil Rights: A Theory Reconsidered

My neighbor used chemicals as a weapon with intent to cause serious harm or death. Most extreme case of criminal actions carried out by the “good old boy network”.

The motive was to acquire my property as his new redevelopment of an otherwise worthless property was non-compliant to State building codes and he could not get the illegal redevelopment recorded on the County plat map. Having been successful in acquiring my property after 5 years of exposing me to the chemicals, He and those who participated are living large and I suffer from chronic health problems and was homeless for over 3 years and blind.

My neighbor intentionally applied Roundup on my property with intent to cause serious harm or death. The link will explain the unprecedented case that I been a victim of. I am requesting any legal contacts that can represent me in Federal court. I have asked multiple attorney’s they all reply with the same response “we simply do not have time to dedicate to such a complex and unprecedented case”. The damages done to me will forever affect my life. I need advice in the proper way to sue these officials for the damages they have intentionally caused me. I went to the city council in an attempt to notify them of what was going on, the neighbor stated that the roundup dissipates. We all know that is a false statement, but in this case all local authorities have to be aware that this man is a pathological liar. All statements made by this neighbor were taken as proof positive and my hard copy evidence was dismissed.
sincerely,
Melody Boatner

The chemicals were non-stop, I did eventually have to make a decision of whether to flee from my home, property and business. Stay and die from the intentional exposure to the chemicals or shoot this neighbor dead. Not much of a choice for someone who has no criminal record.This neighbor was allowed to redevelop a non-conforming property with no regard to State of Iowa building codes. He went to get the redevelopment recorded on the county plat map. The redevelopment was rejected from being recorded. It was at this time the neighbor assisted by local city and county officials determined the remedy to get the illegal redevelopment recorded on the plat map was to acquire my property. Doing so would provide enough sq ft of property that his redevelopment could be legally recorded on the county plat map.
sincerely,
Melody Boatner.

Failure to Intervene

Failure to Intervene,

An officer who purposefully allows a fellow officer to violate a victim’s Constitutional rights may be prosecuted for failure to intervene to stop the Constitutional violation. To prosecute such an officer, the government must show that the defendant officer was aware of the Constitutional violation, had an opportunity to intervene, and chose not to do so. This charge is often appropriate for supervisory officers who observe uses of excessive force without stopping them, or who actively encourage uses of excessive force but do not directly participate in them.

Law does not provide for Lee County Sheriff’s Detective Bob Conlee to act as a building official for the city of Montrose. Or for Brent Shipman not to issue  a trespassing ticket because “he did not want to make him mad”. Or any other the other officers who were involved or knew about the illegal in the taking of my property using chemicals as a weapon. https://poisonedbymyneighborfromhell.com

 

FBI holds public corruption as a high priority

The Bureau’s Public Corruption program focuses on:

  • Investigating violations of federal law by public officials at the federal, state, and local levels of government;

In my case it is the City and County officials who conspired against my Federally protected rights. It is the local law enforcement who deprived my of my Federally protected rights under color of law. So if the FBI works closely with local law enforcement agencies there is no doubt some locals will be lying to the Feds. They cannot work closely with the local law enforcement if they are going to expose local public corruption in my City and County.

That statement conflicts with this statement

  • No other law enforcement agency has attained the kind of success the FBI has achieved in combating corruption. This success is due largely to the cooperation and coordination from a number of federal, state, local, and tribal law enforcement agencies to combat public corruption. These partnerships include, but are not limited to the Department of Justice, Agency Offices of Inspector General; law enforcement agencies’ internal affairs divisions; federal, state and local law enforcement and regulatory investigative agencies; and state and county prosecutor’s offices

If this is not true I would be afraid of defamation charges being brought against me, naw that isn’t going to happen. Lets just ignore this crazy person.

 

My witnesses are dying, my hope is fading, my destiny is being made for me. I have no control of how this story ends. I do know that it will be ending soon.

 

Sheriff Weber recently told me there has been an investigation into my allegations since April. The only thing that I am aware of that has happened is the city clerk still participating the conspiracy to cover up the evidence of the City officials implicating themselves by taking down the City’s webpage that had the min of the meeting since 2005.
This situation is not difficult to understand.
Mark Conlee, brother of a Lee County Detective purchased the legally non conforming property from Mayor Dinwiddie. He began redeveloping the property by tearing down the existing single car garage, trucking in enough fill dirt to elevate the property in some areas 10′ high that before, he constructed a nonconforming 2 story oversized garage. He altered the roof surface from standard procedure by turning it so it diverted storm water runoff directly onto my property, he changed the grade of the fill dirt so all storm water ran onto my property. My property lost value of $10,000 just because the drainage was foreseeable going to cause my property uncontrollable flooding. In questioning this illegal structure I was advised Conlee intended to build a living quarters in the upper level. Standard procedure requires drain tile to be installed around the base of the slab, it was not. Standard procedure requires gutter and downspout to be installed and directed to the city drainage ditch, it was directed directly to divert storm water from the massive roof onto my property.
The following spring there was a suspicious fire that supposedly destroyed the existing trailer. Suspicious because the only firemen on the scene were Mayor Dinwiddie, building official/fire chief Mark Holland, Mark Conlee and the son of Mark Holland. The son Jake was a former resident of the Conlee property, we discussed the fire after the fact. He advised me that only 2 weeks prior there was a trailer fire at a nearby mobile home park that was caused by the same M.O. I understand my testimony is not acceptable but several weeks prior to the fire after his new garage was finished he came over to my yard and gave a friend who was with me a message from his brother in Fla. At that time I asked him, “now that you have that nice new garage what are you going to do with the trailer, he said he wanted it to burn. I was still understanding he was going to build a living quarters in the second level of the garage. The morning of the fire, there was no fire alarm that went off, being 1 block from my house I was woke by the siren. That morning I was awaken by the clanging of the fire hose being connected to the hydrant on my corner of the street. The only fireman who acted in an attempt to extinguish any fire was the son, Jake Holland. The other 3 on the scene did nothing but stand on the sidewalk the entire time and chat. Jake got the hose connected and was motioned to lay it down. There was no action to extinguish any fire. After some amount of time an hour or so Mark Conlee puts on the hazard uniform and enters the home. He exits about 5 minutes later empty-handed and gives the others still on the sidewalk a nod. They continue to stand on the sidewalk for another hour or so. Jake puts the equipment away and they go on about their day. I find it suspicious that Dinwiddie and Holland did not go to their regular job that morning. Conlee went to work and was called home. There was no smoke coming from the building, there was nothing telling that a fire had happen to the building after it was over.
Conlee almost immediately builds a new home. There is no question that the building permit is illegal. He changed the frontage of the home to now be the alley, that is illegal. The roof surface is also altered from standard procedure just as the garage and directed to divert storm water directly onto my property. I advised Conlee that we needed a ditch, reasonably to run directly down the common boundary since he was the one who had the new redevelopment that caused the problems to my property. He was unwilling to have it on his property, the man I was going to barter upholstery for excavating a ditch backed out fearing a liability if he happened to get on Conlee property since there had been no survey, only a verbal agreement on the common boundary.  Conlee illegally removed an existing berm that had been put in place by the original owners of both property for the sole purpose of protecting my home structure from storm water runoff from the Conlee property when the original home burnt prior to 1972 when they brought in the mobile home. Berm and swale were commonly used at that time for this purpose. The berm was on the Conlee side of the common boundary, the swale was on my side of the common boundary. The building officials refused to address my concerns, his duty is to oversee property redevelopment is in compliance with State building and drainage laws. When he refused to come to the location I contacted Lee County Ext, agent Robert Dodds, he did come to the location and took some photos. I had many questions I showed him the building permit which lacked the signature of the builder Mark Conlee but was signed and approved by the building official. Mr. Dodds noticed some other discrepancies on that building permit. He questioned why years before when he built a garage he had to pay a pretty significant amount for the fee charge of his building permit. Mark Conlee had paid no fee according to the permit. He explained that in regards to storm water drainage and property development you are not allowed to divert more storm water to the neighboring property than before the redevelopment. He sent a copy of the letter to Mayor Dinwiddie allow with drainage laws. Dinwiddie had no regard for this expert opinion. When all other times any opinion from Mr. Dodd has held high regard with the city of Montrose.
I hired attorney Steve Swan to sue the city of Montrose, retired Sheriff’s officer John Farmer referred him to me. John worked for the city of Montrose prior to moving up to the sheriff’s dept. He is well aware of the characters who hold positions in Montrose. I met with Swan and he advised me that John Farmer had briefed him on the case, John told him that I did not have many financial resources. I had been self-employed as an upholsterer since I purchased my property in 1995. I was never without work, but I basically charged what I needed to pay my bills, explains why I had a backlog of work for over a year at all times. Swan also advised me that he had spoken to Lee County Detective Bob Conlee, Bob had already lied to him when he told him his brother never trucked in any fill dirt but poured the new slabs just as the property existed. He advised me that my case was a tort case and we would sue both parties, Conlee and the city. He asked if I would be willing to barter upholstering his vehicle for his service. I willingly took him up on that offer, I was so moved by his kindness I had to pull over on the highway because I was crying with gratitude. The following day I received a copy of a letter of intent he sent to Conlee the following  afternoon. The letter demanded Conlee remedy the nuisance drainage problem in 10 day or he would file an injunction against him. Conlee began removing the existing evidence of the berm and its height. He built a little roof over the door on the side of his house as if he had not changed the frontage of his property.
I emailed Swan multiple times on the 10th day telling him to file the injunction. I never heard another word from him and he filed no injunction to stop work as he claimed he  would at our first meeting.
Soon after this a rash developed on my shins, I referred to it as a rash because that was what it appeared to be to me. I thought perhaps an allergic reaction to something. I had never had any problems prior to this with my skin, I had never even have poison ivy. The itch was intense, nothing similar to a bug bite. I had used a push lawnmower since I purchased my place, I did that for cardio, In fact I never wanted a riding lawn mower. The next time I went out to mow I noticed that the neighbor had applied something to my side of the 300’ common boundary. I had never been exposed to what I assumed was weed killer. I had not changed my routine for over ten years. I did some research about medical issues, skin conditions seemed reasonable that whatever this neighbor was applied to my side  of the common boundary to be the most reasonable cause of this suddenly developer skin condition. had now rapidly spread over other parts of my body. I told him and the new police chief the day I discovered it not to apply anything to my property and explained I thought it could be the cause of my skin eruptions. I requested an incident report from the police chief directly after I located Chief Shipman.
By this time my opinion of Mr. Conlee’s character was undesirable. He knew my property was flooding, my foundation had been damaged and he was unwilling to allow me to have a ditch dug down the common boundary. He continued using the chemicals without hesitation as routine yard maintenance. I kept requesting the incident report from Chief Shipman and he kept coming up with excuses as to why he did not have it for me, a witness says he was lying about the reason he did not have it. When I did receive it 16 months later the first on was not satisfactory in detail, I told him no that I wanted one with the details. A week later he gave me a half-hearted report. By this time my rash had become a severe skin condition. My entire body was raw. The pain was excruciating, it was unbearable to wear clothes.
I had requested a trespassing complaint be file on my behalf early on. Every request denied by the City and Lee County Attorney. The chemicals now had become a weapon with intent to cause me serious injury. The fact that I was denied equal protection of the law and access to the courts make this a conspiracy deprivation of rights under color of law.
It became clear to me the reason Conlee would not stop applying chemicals to my property when I realized he was unable to get the illegal redevelopment recorded on the county plat map.
Lee County attorney Mike Short suggested mitigation two years in a row, I was willing, however Mark Conlee was not. He knew his illegal redevelopment would be order to be removed. Taken back to the original state. His excuse the first year was because he had paid an attorney to represent him in a civil case he filed against me. He violated that court order as if it never happened. There is nobody willing to grab this man and put him to the ground like they do on COPS. That is exactly what it would take for him to ever abide by any authority.  In that case the judge dismissed his case citing my right to enjoy my property. I put up a privacy curtain and Mr. Conlee believing my backyard was his backyard because he changed the frontage of his home to face the alley was offended by the curtain. I knew I was well within my rights. I always know the law before I ever act. I felt a sense of relief by the judge’s ruling, my right to enjoy my property in my mind meant no more chemicals on my property either. I was wrong about what the ruling meant to Mark Conlee and Police Chief Brent Shipman, they approached me in my yard one day and Conlee advised me he was going to my the railroad ties I had legally placed down the common boundary to divert the storm water to the city drainage ditch. I advised him if he had a problem with the boundary line he would need to file another civil complaint. I question what Brent Shipman was doing by being with Conlee. He advised me that he was acting as a witness that Conlee was telling me ahead of time that he was going to alter my property. At that point I advised them both that I intended to invoke my second amendment right. I advised Chief Shipman never to knock on my door again. I headed to the house to get my weapon, you never saw two adults run up a hill so fast.
Imagine now, that here I am, my body completely raw, trying to meet deadlines for my upholstery clients and having to defend my property every evening beginning at 3:30 pm  every night.
I retrieved my weapon, a single shot long arm pellet gun and stood guard on my property till way past dark. I had to have some rest, I had other responsibilities so I went in the house and laid down to sleep a bit.  When I woke up the next morning I went out to check the boundary line. Sure enough Conlee had moved the railroad ties I placed to protect my property. I had them held in place with stabs. I had new lawn edging put in place and the railroad ties were pushed every which way. The stab’s were broken off, the edging pull out of the ground and just laying there. My skin condition was full body, I was terrified to go near that boundary in the first place, I have never felt so violated in my life. This was done in contempt of a court order. I called the only authority of the law available Chief Shipman and told him I wanted to file a trespassing complaint against Conlee. He asked me if I saw him do it.  I told him he was the witness that Conlee was going to do it. It was complete violation of my rights. It was a conspiracy.
I again contacted Lee County attorney Mike Short, he advised me that he doesn’t let neighbors file complaints against each other because it never stops. Yet I was charged by the State and City several times on fabricated laws and ordinances, I never even got into the courtroom. Conlee did not even show up, I was told by Montrose Deputy Judd that Conlee was on vacation in Fla. What kind of people are these. What kind of people conspire with intent to cause serious injury to anyone? How is it that I was cited on two different occasions by the State of Iowa for violating fabricated lies. The same excuse was given by the Mayor of Montrose, how is it then that I got cited many times for violating fabricated ordinances and the same issue that was decided by a judge had already been determined in another case.
Well the reality set in after 5 years of being abused by my local government officials, committing criminal acts against me. I had by this time lost me eyesight, unable to read, unable to recognize people, I was terrified. Using chemical weapons with intent to cause serious injury is defined as terrorist acts. These government officials conspired to commit terrorist acts against me.
Mark Conlee had to have my property to ever get his illegal redevelopment recorded on the county plat map and he decided the action to take was to eliminate me. I had two options one was to shoot him dead or flee and seek justice according to the law. I mistakenly chose the latter option.
One other thing I want to mention in regard to Mayor Dinwiddie and his property. Several years ago a woman spoke to the city council about opening a tattoo shop in a building that was available, the council discussed this and they did not think a tattoo shop would represent the city as they wanted it to be represented. It was only a short time later that a different woman spoke to the council about opening a tattoo shop in a building she intended to purchase from Mayor Dinwiddie, the city council was all for this new business in town. What is the difference? Mayor Dinwiddie would receive a personal financial gain just as he did when Conlee purchased the legally nonconforming lot from him.
Attorney Steve Swan conspired with Conlee in violation of his oath to represent his clients best interest
Lee County Attorney Mike Short conspired with Mark Conlee by denying me equal protection of the law, access to the court, and terrorist acts. Conspiracy against rights under color of law.
Lee County Detective conspired with Mark Conlee in misrepresenting his authority to be that of a building official, he was acting without jurisdiction, he defamed my character and knowingly made false statements associating me with illegal drug activity. Conspiracy against rights under color of law.
The most recent act of conspiracy was when  Sheriff Stacy Weber advised the city clerk that there was an investigation that initiated City clerk Celeste Cirinna took down the City of Montrose website that contained the minutes of the council meeting and evidence of these officials implicating themselves to suppress the evidence. I have copies of all the meeting minutes.
City clerk Celeste Cirinna committed multiple counts of fraud, conspiracy against rights.
What is not in violation of Federal law in this case is my question?
Melody Boatner
https://poisonedbymyneighborfromhell.com

Creepy

I have to say with the amount of solid evidence that I have posted to this page I find it a little creepy that I have had minimal comments in regard to my story. I do not know if it is because, this happens all the time as some have suggested, if people think this is a fictional story, or if people just do not care about fellow citizens rights being violated. The as long as they do not hurt me or my family reasoning. Let me tell you this could happen to anyone and I would be the first to speak up on anyone whose Federal or State Constitutional rights have been violated. Just saying, I do not know of any case in which a neighbor need a property due to his violation of the building laws and determines the remedy is to eliminate the neighbor.

Public Corruption Why It’s Our #1 Criminal Priority!

03/26/10  A little outdated but still the front page article on their webpage.

public_corruption.jpgPublic corruption is a breach of trust by federal, state, or local officials—often with the help of private sector accomplices. It’s also the FBI’s top criminal investigative priority. To explain why the Bureau takes public corruption so seriously and how we investigate, we talked with Special Agent Patrick Bohrer, assistant section chief of our Public Corruption/Civil Rights program at FBI Headquarters.

Question: Why is public corruption so high on the FBI’s list of investigative priorities? 
Answer: Because of its impact. Corrupt public officials undermine our country’s national security, our overall safety, the public trust, and confidence in the U.S. government, wasting billions of dollars along the way. This corruption can tarnish virtually every aspect of society. For example, a border official might take a bribe, knowingly or unknowingly letting in a truck containing weapons of mass destruction. Or corrupt state legislators could cast deciding votes on a bill providing funding or other benefits to a company for the wrong reasons. Or at the local level, a building inspector might be paid to overlook some bad wiring, which could cause a deadly fire down the road.

Q: Can you describe the kinds of public corruption that the FBI investigates? 
A: It really runs the gamut. Bribery is the most common. But there’s also extortion, embezzlement, racketeering, kickbacks, and money laundering, as well as wire, mail, bank, and tax fraud. Right now, based on our intelligence on emerging trends, we are focused specifically on several major issues: corruption along our national borders; corrupt officials who take advantage of natural disasters or economic crises to divert some of the government’s aid into their own pockets; and a myriad of officials who may personally benefit from the economic stimulus funding.

Q: Where do you find this corruption? 
A: Just about everywhere—at the federal, state, and local levels throughout the country. And I should point out, the vast majority of our country’s public officials are honest and work hard to improve the lives of the American people. But a small number make decisions for the wrong reasons—usually, to line their own pockets or those of friends and family. These people can be found—and have been found—in legislatures, courts, city halls, law enforcement departments, school and zoning boards, government agencies of all kinds (including those that regulate elections and transportation), and even companies that do business with government.

Q: How does the FBI investigate public corruption?
A: We’re in a unique position to investigate allegations of public corruption. Our lawful use of sophisticated investigative tools and methods—like undercover operations, court-authorized electronic surveillance, and informants—often gives us a front-row seat to witness the actual exchange of bribe money or a backroom handshake that seals an illegal deal…and enough evidence to send the culprits to prison. But we have plenty of help. We often work in conjunction with the inspector general offices from various federal agencies, as well as with our state and local partners. And we depend greatly on assistance from the public. So let me end by saying, if anyone out there has any information about potential wrongdoing by a public official, please submit a tip online or contact your local FBI field office. Your help really makes a difference.


Seriously? My experience with the lazy FBI agent. This is my life you have taken. Do you understand being gang raped? The damage done?

I have taken 1 step forward and 10 steps backward. Let me tell you how my interaction has developed with the FBI. I actually have made contact with an agent at the Federal level and it has been a difficult task that is not nearly over and done with to my satisfaction by any means. The article above talks about wasted money, in my case I can identify wasted money as in the local division agent actually getting taxpayers money for doing nothing that is described as an investigation. I began seeking assistance from the FBI in 2007. My case if reviewed any reasonable person could recognize, clearly supports local government corruption. I do not care who you are if you do not understand that private property rights are protected, Federally guaranteed to every citizen. It makes no difference for those who want to argue, these rights are protected by the Constitutional law, by natural law, or by God’s law. These are unalienable rights never to be taken. It’s been well over a year since I first contacted this local agent. I had a vision of how this would play out. I was totally disillusioned to the reality of how this really works. I contacted the FBI numerous times since 2007. It was always a quick excuse to why they cannot assist and goodbye. To have the opportunity to speak directly is nonexistent. I did write to my US Senator in 2007 requesting that he help me get my case investigated. Initially he blew me off probably thinking that I was “crazy”. The difference in this case is if Mr. Senator had that opinion he kept it as a thought. Unlike my local government officials who defamed my character by making statements that I was “crazy” with intent to give the general public an unfavorable opinion of my character. Defamation of character is a violation of Federal Law 28 U.S. Code § 4101 – Definitions

Eventually I did convince my Senator that my case is a Federal case. During this extended period of time he has requested two congressional inquiries on my behalf.  That being done I assumed it was reasonable an agent would reach out to me. Never happened, I had no name or contact information for any agent. I had no idea how the agency is structured. At some point I became determined that somebody with authority of the FBI was going to review the evidence supporting my allegations. I packed up my old truck and headed to Cedar Rapids with my extensive library of evidence. I arrived in the parking lot around 2:00pm. I call the number listed for this division.  Apparently with the local division the agent you get is the one who answers the telephone. I told him my intention. He advised me that is was to late in the afternoon for me to meet with anyone. I advised him that I would get a room and be there first thing in the morning. He advised me that I would not be able to speak with anyone on the following day because it was Columbus Day. I couldn’t believe I had not recognized that day as being a Federal holiday and accepted it as an error on my part. We spoke several times after trying to make arrangements to meet but those appointment were canceled do to various reasons, I did request that he come to my home because I have limited resources and frankly could not afford to travel that distance again. My vehicles is old and not trustworthy.  After all this time of pleading and begging for anyone of authority to simply review my evidence. He finally agreed to meet me at my house. Prior to the date we had set to meet I advised him that my evidence takes an estimated 12 hours to review. He advised me that he did not intend to spend 12 hours reviewing anything. I was ready to get a room when I went to his location. He arrived and I had placed evidence supporting specific allegations in separate piles for his convenience, I was in the process of explaining what was where when he advised me that he would just take notes on what I would tell him orally. There is no way to tell this story verbally. It is simply too complex and confusing in that the witnesses and criminal actors are family member and many same names. There are so many individuals involved. There were 4 Mayors over this period of five years not to mention the turnover in law enforcement and council members. The agent arrived at 11: 00 am. I had not even gotten started telling him what took place before he advised me that he believed this to be a civil case. We both agreed that neither of us were lawyers. I asked him to please submit what few facts he did have of the case to a US Attorney. He advised me that he did not intend to submit my case to an attorney. He left my house at 2:00pm timing the ride so he would be back to his office by 5:00pm. I think his unwillingness to work overtime or on a holiday was odd, different than I expected. I expected an officer whose duty it is to expose public corruption to be more interested in a case alleging public corruption, Not long after he left the mail came. In the mail that day was a letter from an Assistant Deputy Director at the Washington bureau. The letter informed me that it had been determined there has been no violation of Federal law. At that point I became angry. At what point can a determination of any kind be made without a through review of the evidence. I need an answer to that question. I demand an answer to that question. I have since been advised by credible State attorneys that my case is in violation of Federal law. I know a person cannot unlawfully apply chemicals to another person’s property with intent to cause serious injury, I know a person cannot redevelop a property violating State building codes. I know that all the acts committed against me are criminal offenses, not as the agent advised me civil offenses. I know I will not settle for the word of any person disputing what I know to be true. I recognize hearsay and facts determine the ruling of a court. I have emailed this agent requesting the name of his supervisor. He will not reply. I sent a certified letter to the Assistant Deputy Director of the letter determining no Federal law has been violated and someone did receive it, So when law enforcement is negligent at the Federal level what recourse for justice does one have? The only resource available that I am aware of is the right given by the second amendment. I am not an attorney but I am not completely ignorant of the law either, Who are these people falsely portraying themselves as representatives of defenders of the law and protector of the Constitution. I have reach out to every resource available, all have assaulted me as a woman unequal for protection of the law. Give me liberty or give me death.  In regard to the last sentence of the article. I have tried to get information to this agency for 10 years and making contact must be similar to breaking into Ft. Knox. I submitted tips, I called the Washington bureau, I called the Omaha Division multiple times. No person ever showed the professional courtesy to respond. The newly elected Sheriff went so far to put me in contact with an agent he knows. He has a conflict of interest and has violated State laws on behalf of the corrupt local officials I have evidence supporting all my allegations and I have not had the opportunity to touch on them yet. Fortunately he was not an agent with my local division. This contact from the Sheriff was quick to advise me that the statute of limitation has expired. I returned a message on his voicemail advising him that there is no statute of limitation for acts of terrorism. There was no response. I am not accepting of what this enterprise of local rapist have perpetrated on me. Someone needs to be a hero sooner than later in my opinion, I believe I have the right to file a formal complaint.  I do not have access to the information as to how to file a complaint.

In this case it would be suitable to bring Federal charges for torture 18 U.S. Code § 2340 

 

INTRODUCTION to Public Corruption.

INTRODUCTION  Public Corruption, Request for Federal Investigation. Conspiracy against rights, deprivation of rights under color of law, defamation of character, conflict of interest, intentional negligence, fraud………………..

This case concerns my neighbor Mark Conlee’s redevelopment of a legally nonconforming property purchased from the Mayor of my city. He began redeveloping the property adding a new non compliant garage. He trucked in fill dirt and not only was the massive illegal roofs rotated to drain storm water onto my property he set the grade of the elevated fill dirt to drain down onto my property. The five building permits are illegal, the building official refused to address my concerns in regard to the nuisance drainage the redevelopment caused my property as his duty requires. When this neighbor discovered he could not get the illegal redevelopment recorded on the county plat map, he determined the remedy was to eliminate me. He began unlawfully applying chemicals onto my property. It took very little time before the chemicals cause me a severe skin condition. I verbally told this man not to apply anything to my property, and requested an incident report from the chief of police. Needless to say that I had developed a full body severe skin condition before the 16 months in it took the Chief of police to give me the incident report. This was so severe that it was unbearable to wear clothes. I hired an attorney to sue the City. He was onboard with the law at our first meeting. I was questioning him about his knowledge and he passed. The liability was the City. One of the building permits was not signed by the builder and had been forged at a later date from the original on file. The other permits are illegal based on the fact that this was a legally non conforming property. For those who don’t know there are very stringent rules that apply to redevelopment of such properties. As commented by Mayor Dinwiddie on public record. You’re not allowed to build any structure larger that the existing structures. This guy even went so far as to put in a garden pond that drained onto my property. I am a single middle-aged female. I owned my property outright having purchased it in 1995. I opened an upholstery shop that I operated from one of the existing structures on my property. I could not have been happier with my ideal of acquiring my American Dream.

The chemicals continued nonstop. I was surprised when I got served notice that I was being sued by this neighbor for “loss of enjoyment of his property”. It seems that the legally installed privacy curtain that I installed on my side of the 300′ common boundary was too much for him to bear. He could not see out of his windows. Does he even realize that he was looking into his actual side yard? His lot was too narrow to set the oversized structures on. When I spoke to my attorney I was clear that my intent was to sue the City. He advised we would sue both parties adding that the City is where the money was. I know, the libel party is where the money is. I have a long line of paternal parents that held authority titles for a neighboring city. I did not know why he wanted to sue the neighbor to but that is why I hired an attorney. I did not question it. I have never needed an attorney and I am unfamiliar with the court process. The letter of intent my attorney sent the next day did state that if  no remedy in 10 days he would file an injunction. Upon receiving the letter, the neighbor removed all evidence of an existing berm he had illegally removed. He illegally changed, the frontage of his home to now be the city alley. Apparently, the repositioning of his home-made him believe that my backyard was now his backyard . He added a little roof over the side entrance door to make it look as though his frontage was the street but it clearly was the alley now. This being one of many counts of perjury he committed in the civil court case

I continued to go to council meetings each time a new Mayor was elected. That would be an unprecedented four Mayors in 5 years. As a citizen being affected by a nuisance drainage as a result of the noncompliance redevelopment I had the duty to notify the building official that there was a problem. I tried to call him on the telephone, I left messages on his answering machine. He never returned my calls. My attempts to address the city council were in vail, I had the floor and there would be a distraction caused by the former building official. I was never allowed to speak about my complaint or try to get the proper authority to make him to stop applying the chemicals. He would not stop and no law enforcement would file a complaint against him for trespassing.

I believe that if I had been a male, he would never have been brave enough to ignore my request. The Chief of Police did advise me that he did not want to file a complaint against him because he did not want to make him mad. The civil court case he filed against me was dismissed sighting my right to enjoy my property. I felt a sense of relief assuming the chemicals would stop based on the citing of my right to enjoy property I could not have been more wrong. This made him mad. He suspiciously is elected to city council for the sole purpose of “getting me back”. The chemicals continue without hesitation. I hear nothing from my attorney in regards to the case against the city even though I email him multiple times. I went to give him a payment and mentioned that the Mayor actually took my side in regards to the privacy curtain I installed. He advised me that the reason the Mayor took my side was that he had received a letter from my attorney. My attorney had lied to me all this time. He never filed the complaint against the city. He never did anything on my behalf. He did suppress evidence on behalf of this neighbor.

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This guy and the police chief physically altered Railroad ties I had placed along the common boundary to try to divert the excessive storm water from my property to the city drainage ditch. This was a direct act in contempt of court. There was no reason but to prove to me that he was not going to abide by the court of anyone else’s ruling. He had to have my property.

7-2-2007 summons State of Iowa vs Melody Boatner .jpg

The county attorney advised me that he would decide who is prosecuted in his county. He then proceeds to file criminal charges against me several times for fabricated laws. Laws that do not exist, but I cannot get one for criminal trespassing against this neighbor whose intent is clearly to cause me serious injury or death. I suffered for five long years severe pain. I knew I was dying. Only when a former city police chief now moved on to the Sheriff Dept stopped by my home to advise me that this neighbor had no intention to cease and desist with the chemicals did I know I had no option. I had either to shoot this neighbor dead or sell my home business and property for enough funds to repay the debt I owed my friend for supplying the funds for my basic living expenses over the 5-year period and pay for my final expenses. 

I could not leave this earth without repaying my friends well over $10,000 dollars. My condition only increased, I could not bear to have anything touch my skin the pain never stopped it was 24/7, I had lost my eyesight by this time also as a result of the medical treatment administered to offer my skin some relief. This neighbor has more than less of the traits to determine a psychopath according to Hare’s list. I now know the reason the police chief or anyone else for that matter did not want to make this guy mad. However, for me to be the sacrificial lamb and live to tell about it, no way. It is the duty of law enforcement to protect the rights of the people in these United States. They take an oath to do just that, the criminal acts committed by this enterprise of local government officials is unbelievable. However, the evidence does not lie.

I did survive and I am now seeking compensation for my damages. According the stormwater management handbook, the courts see cities as having deep pockets in not complying to the State building code and drainage laws. Now I am looking for law enforcement and prosecuting attorney that is committed to protecting the rights of their fellow citizens. What is truly unbelievable this group of thugs being afraid to do their duty to the degree that they would rather commit serious criminal acts against me than make this man mad makes me concerned for the entire community. This man showed no empathy when saw my skin. His intent was to acquire my property at any cost. Something’s not right here. I have known these individuals most of my life and I have never witnessed or heard rumor of any of them committing criminal offenses on someone else’s behalf. Mayor Dinwiddie clearly had a personal financial gain when he sold this otherwise worthless piece of property to Mark Conlee. I question whether Dinwiddie disclosed the property to be legally nonconforming. Nevertheless, the city building official intentionally allowed the illegal construction, and avoided his duty to address my concerns. Lee County Attorney Michael Short recently retired and I believe the shuffling of the new County Attorney is finished so I believe it should be possible to hold those who have committed criminal acts be prosecuted and I should be compensated for being the victim of the criminal acts that were committed against me. As it stands, I am forced to watch these individuals living large from the guts of my property. I sit here with chronic health problems in a small section 8 rental houses that is not satisfactory for my lifestyle or sewing machine. I do not know how long I can contain my patience. It has been an extended period. The chances I will be diagnosed with cancer are overwhelmingly a high percent based on the studies on glyphosate. These people have new homes and garage no worries. My achieved American dream has been ripped (taken) from my hands causing injury not compensation. If you read my webpage, you will find much more about this story and the others who conspired to deprive me of my rights under color of law. There just is no other way to view or excuse these events.

This cannot be allowed in the USA under any circumstances. I certainly do not intend to be the first and only citizen who has been subject to such brutal criminal acts by my local government officials. There is no more time for excuses this needs to be addressed. These crimes are in violation of the Constitution of the State of Iowa and The Constitution of the United States of America. I am requesting an investigation into the evidence that I have that has never been reviewed by any authority.

Original property layout

 

This building permit is fraudulent as it is impossible to construct this building from pouring a slab to complete finish in the timeline of 5 days, It is incomplete as there in no fill dirt amount, setbacks or other information required by the State of Iowa. This document is folded for scanning purposes. Boatner was initially informed the this structure was noncompliance because the owner intended to build a living quarters in the second story.

 

After a suspicious fire supposedly destroyed the existing double-wide mobile home this building permit was issued. Fraudulent building permit issued by City of Montrose, Ia. Not signed by builder, no fee charged, no fill dirt or setbacks recorded. This permit is also folded for purposes of scanning.

When the city building official refused to address my concerns about a nuisance drainage issue according to city ordinance I contacted Lee County extension agent for an opinion. He wrote a letter to me and a copy to Mayor Dinwiddie including a copy of the Iowa drainage laws. There was no immediate response.  Only after Mark Conlee was elected to the city council and I followed standard procedure to get the nuisance drainage issue address by a newly elected mayor, City clerk Cirinna altered the fee charged on this original permit to conflict with Lee County Ext. Agents observation. Cirinna’s criminal act of fraud is one of several crimes she committed conspiring with Mark Conlee in order for Conlee to acquire Boatner’s property.

 

Water standing in yard

Water standing in yard. Note upper right hand corner retaining fill dirt on neighbors new garage.

Ground in crawl space saturated with groundwater caused by increased storm water runoff from neighbors new redevelopment and illegal removal of existing berm foundation washed out. This side of the house had never received water like this because of the existing berm that Conlee removed unlawfully.

Neighbor’s allegation that my nuisance drainage was caused by from city street is false. This photo shows crawl space toward street is dry. Dark area of soil is saturated from side of home that faces neighbors property

 Common boundary supporting neighbor applied chemicals to my property (on rights side of photo). This boundary is 300’ long and there was never any action by law enforcement to stop the application of chemicals to my property.I began to report the unlawful acts in late April 2005 and nothing was ever done on my behalf until I was forced to escape from them in Aug 2010. 

request for ditch

request for ditch

I know that most people do not realize what a liar Conlee is. First he claimed in court he thought Boatner wanted a fence. The evidence shows He knew Boatner wanted a ditch dug diverted the storm water from his property to the city ditches as it is written in the first notification Boatner gave him. Anyone with a reasonable mentality could easily predict the foreseeable consequences Conlee’s illegal redevelopment was going to have on Boatner’s property. Boatner’s property lost value after the construction of the garage only.  Conlee installed the wire fence to keep Boatner from digging a ditch down the common boundary. Even though no other neighbor’s are required to protect their property from a neighbors redevelopment. Boatner should not have had to be concerned with flooding of her property had Conlee not been held above the law.

6-26-2007 State vs Boatner, second Complaint on Conlees behalf .jpg

Harassment, (simple misdemeanor) defendant with intent annoy another person by flipping the middle finger, continuously

5-5-2005 council meeting Dinwiddie implicates himself, State Rep Phil Wise assisted Boatner

Mayor Dinwiddie states City liability ends when building permits are signed by builder and Building Adm. I then presented the building permit that is signed by Building Administrator Holland but not signed by owner/developer Mark Conlee

If the building codes would have been recognized Conlee would have never been allowed to expand the size of the new structure larger that the existing structures. The Mayor and building official were well aware of the legality of Conlee’s redevelopment that is why they refused to address her grievances. They violated their oath of office. They conspired with Conlee to allow Boatner’s State and Federal RIght to be violated. They conspired with Conlee by allowing him to use chemicals as a weapon to eliminate her from her property.

Poisoned by my neighbor from hell #8 (9).jpg

Boatner did not notice the chemicals until the grass was getting green in the spring 

 The day Boatner discovered the chemicals applied to her property she suspected that was the  cause the “rash” on her shins.  On that day she advised neighbor not to apply anything to my property and requested an incident report from the Police Chief Brent Shipman.

Spreading

Spreading

Condition continues to get worse. No action from law enforcement to protect of private property rights

Poison continued to be applied to my property on a routine basis. By this time the “rash had developed into a full body severe skin condition that cause severe pain to the degree it was unbearable to wear clothes. Poison continues to be applied to my property without my permission against my control

I can think of no more of a brutal way to eliminate a neighbor. In the background is the Steel Roofing I had just purchased to put on my home. It was in no way my decision to move. This was heavy 1/4 “ j channel steel.

I had no authority to stop this neighbor from unlawfully applying chemicals to my property except to take up arms. It was my opinion that law enforcement had the duty to provide protection of my private property rights. effects on my life.

chemical poisoning

chemical poisoning

This is a chemical burn. I was completely unable to function. This was an intentional brutal attack that had serious

 

I advised Conlee not to apply anything to my property in May of 2005 upon discovery of the chemicals unlawfully applied to my property. I followed up directly contacting Police Chief Shipman requesting an incident report.  This was sixteen months after I requested an incident report. By this time the skin condition had progressed into full body condition.

severe skin condition caused by illegal application of chemicals to my property

this is what resulted from Mark Conlee’s intentional exposing me to toxic chemcals, at not time were my Federal Constitutioan Rights to equal proctection of the law, or my right to enjoy my own property protected,

9-16-2006 intentional untimely incident report requested by Boatner 16 months after the discovery of chemicals on her property. By this time it was too late the skin condition had become chronic. There was never any intervention from local city and county law enforcement to protect my right to private property. Police chief Shipman advised me that he did not want to make this neighbor mad.

Lee County Attorney evidence deprivation of rights under color of law

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Lee County attorney dismissed the photo evidence and advised me that the neighbor had told him (hearsay) that he only applied the chemicals to his side of the fence.

 

exibit # A

Letter of Intent Boatner attorney to Mark Conlee. This fact Conlee and his attorney lied about under oath in a civil court. Perjury, The judge did determine that Boatner’s failure to act, based on Conlee and his attorney’s perjury was a factor in his decision against Boatner.

Boatner hired an attorney very early in this case. He was hired to file a complaint against the City of Montrose early on. Her attorney requested $100 to cover th cost of the complaint that day. Her attorney advised her that he would file a complaint against both parties. He added that the city is where the money is at. 

Strom water regulations FEMA

Stromwater regulations FEMA

In fact Boatner’s attorney did nothing in her best interests except the letter of intent, though it was sent to the wrong party. Attorney Swan advised Boatner at their first meeting that he had already spoken to Lee County Detective Bob Conle about the situation between Boatner and Mark Conlee (the detectives brother). Attorney Swan advised Boatner that Detective Conlee had already lied to him about the property redevelopment.

8-16-2006 Garry Dinwiddie Affidavit

8-16-2006 Garry Dinwiddie suppressed Affidavit

8-16-2005 Affid Stuart Westermeyer supressed from civil case Conlee vs Boatner

8-16-2005 Affid Stuart Westermeyer suppressed from civil case Conlee vs Boatner

8-16-2005 affid. Sally Fowler

8-16-2005 affid. Sally Fowler

8-16-2005 Affid Randy Riddle

8-16-2005 Affid Randy Riddle

8-16-2005 Affid Jake Holland former tenant of 105 N 5th St

8-16-2005 Affid Jake Holland former tenant of 105 N 5th St suppressed

Her attorney could not be so incompetent to fail to question her witnesses or submit the photo evidence as well as the witness affidavits without doing so intentionally. Attorney Steve Swan’s negligence can only be explained by he conspired to violate Boatner’s rights. 

Petition in Equity

Petition in Equity

Boatner was served a summons by Mark and Linda Conlee months later, in Sept 2005. The complaint was for loss of enjoyment of their property. The Conlee’s claimed that by Boatner installing a privacy curtain legally on her own property, she caused them severe distress.

 

Conlee commits perjury in the civil case Conlee vs Boatner also. Her attorney knowingly lie to her. He reassured her that he had filed the complaint. That Sept the neighbor filed a civil complaint against Boatner for loss of enjoyment of his property in regards to a privacy curtain she installed. Legally on her own property along the common boundary.

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His case was dismissed. The judge, citing Boatner’s right to use her property as she see fit . Boatner believes that Attorney Swan was eager to take her case that it leaves to question whether arrangements were premeditated by Conlee and Swan for him to do just what he did, nothing except suppress evidence that is right here in this file. Suppress testimony of witnesses that he advised Boatner were “experts in their own right” and “compelling”.  He did not ask a question to any of them. He suppressed the written affidavits that were supposed to be submitted to the court. This case followed no standard procedures. What began as a simple nuisance drainage issue that could have been easily remedied. Turned into a criminal conspiracy. Because one of the good old boys was held above the law in redeveloping his otherwise worthless lot of  land. Site layout and drainage is step #1 in redevelopment.  He should have known his nonconforming lot have stringent laws in redevelopment. Dinwiddie acknowledges this in the public record. The building official should have known this, if not there is a reference manual at city hall. This entire five years was a complete mockery of the law. The presentation for the public was stellar in that they kept Boatner oppressed from speaking to the public. Only presenting falsehoods to the general public. Defaming Boatner’s character by claiming she is “crazy”. This was instigated by a third-party who had nothing to do with the drainage issue.

HOW MANY PLAINTIFFS MAKE OUT OF COURT OFFERS TO THE DEFENDANT? NONE?

image

First offer to settle out of court. Plaintiff offer to defendant is admission to guilt. Boatner’s attorney suppressed this from the court.

image

2nd offer to settle out of court. This was suppressed from the court. This offer is completely ridiculous being Boatner is not responsible for the new developments storm water drainage.

This is the privacy curtain Boatner installed. It was within her legal right as there was no fence ordinance at that time. You can also see Conlee’s property is graded down toward her property. The existing berm prior to the redevelopment was located on the left hand side of this photo, Conlee has put some bricks where the berm used to be. You can see the Conlee’s new home has the roof rotated from the original home to divert storm water directly onto Boatner’s property. Prior to the removal of the berm a heavy rain would develop a small pond in this front yard of the Conlee’s property. Boatner’s property received no storm water runoff from the Conlee property. The judge erred in what he stated Conlee’s witness actually stated in her testimony. She actually stated the her (Boatner’s) property NEVER received storm water runoff from the Conlee property. Boatner’s attorney recognized this as a fact in an email exchange. No attorney could be so incompetent not to raise issue with what he acknowledges in an email. The attorney oath swears that he will represent the best interests of his client. Boatner’s attorney failed her in violation of that oath. His action support  a conspiracy with intent to cause Boatner harm.

Finding of Fact, The dismissal of Conlee’s this case only made Conlee more aggressive toward Boatner. He decided he would get elected to council member. The timeline for announcing candidacy was not within the guidelines. We never got the decision on the civil case until the end of Oct. and I believe you must have your position announces before that. Conlee went to the city hall every afternoon when he got off work for a week, and read the city codes before he announced. Having known Conlee for the period Boatner had gotten to know him, he gave her a thumbs up that he had made a deal for his position and was going to be elected to city council, his intent as a council member was to force me to take that curtain down. He intended to harass me financially. Clerk Cirinna obediently began to take orders from Conlee. She fabricated an ordinance specially for Boatner telling her the ordinance meant Boatner had to take the curtain down. Boatner plead not guilty. On the bottom of the court order the judge noted the the issues in this case been remedied by a previous court of law. These type of crimes continued along with the chemicals exposure until 2010. At that time Boatner’s condition had become dire. She also lost her eyesight. She was helpless to defend herself or her property. Conlee’s troops did not waver in their fight to acquire Boatner’s property.

Boatner understood the court ruling, citing Boatner’s right to enjoy her property meant she has been returned complete control of her own property.

She was wrong. Lee County Deputy David Hunold, who came to her home investigating a second of the same fabricated law complaint against her by Lee County Attorney Mike Short on behalf of Mark Conlee. The first complaint stated that Boatner had driven by Conlee’s home and given him the middle finger. According to Officer Hunold Boatner was wrong, since the Judge did not specify Mark Conlee was not allowed to continue to apply chemicals to her property. He could continue and he did continue to apply chemicals to her property. She had just been to court over this same allegation that she had given him the finger and it was dismissed. She never even got to see the judge. Mark Conlee in contempt of court did not show up for court. He was on vacation in Florida. The newest Police Chief Karl Judd advised Boatner that he knew Conlee was on vacation and would be a no-show prior to the court date. These frivolous charges were made against me by Lee County attorney Mike Short in State of Iowa vs Boatner. This 2nd complaint was altered from the original simply by adding the words “he is tired of this happening all the time” therefore bumping it up to a harassment charge. Someone should have advised the County Attorney that there is no law against giving anyone the finger. In Boatner’s opinion the judge would have commented that Conlee deserved for her to give him the finger. Boatner was still was being denied a trespassing complaint against Conlee. As Officer Hunold was leaving her home she told him wait, she wants to file a complaint for trespassing, having just shown him the court document. Officer Hunold advised her that he was only there to investigate a complaint from Conlee that she had given him the finger. Lee County Attorney Mike Short had sent him in case there was a conflict of interest involved. There definitely was a conflict of interest in this case. This case reeks of violations of Federal law.

May 23 2008 Mark Conlee assisted by Police Chief Shipman violates the civil court order. Somehow Chief Shipman feels he has the authority to overrule a court order and authorize Conlee to alter the railroad ties Boatner had placed on her property along the common boundary to divert the excessive amount of storm water runoff. Boatner’s property now receives 90% of Conlee’s stormwater runoff after the illegal property redevelopment. He pulled the plastic edging out that Boatner had installed, he pushed the ties out of alignment. You can see a broken stab in the foreground of this photo. The stab’s were broken off at ground level all the way down the row of ties. Boatner was putting myself in danger by being out in her yard to place these ties and edging as there was chemicals that had been applied to the entire common boundary. Boatner had no chance to secure her private property rights. Her only option other than to flee would be to shoot this man dead.

This photo is easier to indicate the broken staub’s and edging that was pull from the ground and laying on top of the soil. This action was don’t in contempt of the civil court order citing Boatner’s right to enjoy my own property. He never did this to the upper half of the property. He did this in the middle of the night. Earlier that day Conlee along the Police Chief approached Boatner and informed her that he was going to move her railroad ties. Boatner went in her house and returned with a single shot pellet gun. Boatner stood guard and defended her property till after dark. Boatner is human she was still trying to operate her upholstery shop business and did goe in the house to try to get some rest. The next morning this is what took place on her property. Several weeks later Conlee calls a false report into the police stating he heard shots fired from Boatner’s property. The purpose for the false police report was to know if Boatner had weapons. It is a violation of the law to make false police reports. There is no law that applies to Mark Conlee. You can see the amount of fill dirt that was brought into Conlee’s property by the retaining timbers on the left of the photo. He committed perjury in the civil case denying the amount of fill dirt he had trucked in. As you can see Boatner’s property has mature trees and his property has nothing that would prevent him from installing a drain pipe to divert his storm water to the city drainage ditch as required by State drainage law.

This is the finished illegal property redevelopment of Boatner’s neighbor. Completely not in compliance with state building code, Conlee went to get this recorded on the County plat map and apparently it was denied. This is the reason that he determined the remedy was to eliminate Boatner. It took 5 years of severe suffering, emotional and physical before she had no choice but to flee. The only other option she had,  was to shoot this man dead or flee. This was her home, business and property. It was apparent that Boatner or Conlee was going to die if she stayed, Due to the intentional negligence and conspiracy against her rights by local government officials She is still being denied justice. These government officials have been allowed to commit serious criminal offenses. why? Boatner will not go away, No way no how. Her assets were in her property, Her property has been forcibly taken. Her credit rating before Conlee came to the worthless lot next door was 760. Two trips to the ER in the first few days of this attack wiped her credit out. Then as a council member Conlee uses his position in an attempt to cause her more financial harm. By involving the City clerk, who has no problem forging documents of file or fabricating city ordinances. There is a slough of things the clerk preformed that were criminal and ethical violations, Anyone who looks at this evidence a see that.

There is no excuse for the treatment of a human being as brutal as this attack waged against me. Boatner has EPA results and much more evidence that she has the right to submit. To date no authority has given her the opportunity.

Does anyone recognize a conspiracy against rights? Deprivation of Rights under color of Law? These are violations of Federal law.

Anyone who does not visually recognize that these oversized structures set sideways on the Conlee property has changed the frontage of his property to be the city alley is not qualified to oversee the first step taken when redeveloping begins, site layout and storm water drainage.

Anyone who does not visually see the significant increased storm water being diverted onto Boatner’s property is not qualified to oversee new property redevelopment.

Anyone who does not recognize the violations against Boatner’s State and Federal Rights please explain how Boatner’s rights have not been violated.

Boatner wants to know the process needed to redress grievances. Her attempt to get any answers from anyone has been in non productive. She has been put through hell by the chronic skin condition and the loss of her eyesight. Yet expected to continue to defend her person and property. For five years she has been disabled and unable to simply bear to wear clothes.

Had she have invoked her second amendment rights where would she be now? Would she have been found not guilty of murder and at home enjoy life as it was prior to Conlee purchasing the lot next door from the Mayor? Would she be in prison for murder. We will never know. We know that she is still burdened by the events that took place in violation of Federal law from Spring of 2005  – Fall of 1010. Her ability to enjoy life is blocked by the crimes committed against her by an entire local government subdivision. This cannot be dismissed as the basic fundamental rights are what we as Americans base our freedoms on.

Existing Conflicts of Interests Among City of Montrose and Lee County Iowa Officials

In Regard to the property redevelopment Property 105 N TH St Montrose, Ia

Mayor Ron Dinwiddie             Seller                                                                    Buyer                 Mark Conlee

                                    Members on Montrose Volunteer Fire Department

Mayor Ron Dinwiddie
Mark Conlee
Council Member/Building Admin/ Mark Holland(Fire Chief)
Council Member Jeff Junkins

                                                                   Co-workers

Council Member Jeff Junkins                                                                       Council Member Mark Conlee

                                                             Family Members

Lee County Detective Robert (Bob) Conlee                       Brothers                                  Mark Conlee
Council Member Mark Holland                          Siblings                          Council Member Judy Brisby
Lee County FEMA Officer Steve Cirinna         Spouses              City of Montrose Clerk Celeste Cirinna

                      City of Montrose and Lee County, Iowa Law Enforcement

Lee County Detective Robert Conlee     special relationship            Lee County Attorney Michael Short
Lee County Deputy David Hunold          special relationship                Montrose Chief of Police Karl Judd
Montrose Chief of Police Brent Shipman                                  Lee County FEMA Officer Steve Cirinna

According to the official website the FBI investigates cases alleging Public Corruption include

     According to the official website the FBI investigates cases alleging Public Corruption include

Fabricating evidence against or falsely arresting an individual also violates the color of law statue, taking away the person’s rights of due process and unreasonable seizure. In the case of deprivation of property, the color of law statute would be violated by unlawfully obtaining or maintaining a person’s property, which over steps or mis applies the official’s authority.

  1.      False arrest and fabrication of evidence: The Fourth Amendment of the U.S. Constitution guarantees the right against unreasonable searches or seizures. A law enforcement official using authority provided under the color of law is allowed to stop individuals and, under certain circumstances, to search them and retain their property. It is in the abuse of that discretionary power—such as an unlawful detention or illegal confiscation of property—that a violation of a person’s civil rights may occur.
  2.      The Fourteenth Amendment secures the right to due process; the Eighth Amendment prohibits the use of cruel and unusual punishment. During an arrest or detention, these rights can be violated by the use of force amounting to punishment (summary judgment). The person accused of a crime must be allowed the opportunity to have a trial and should not be subjected to punishment without having been afforded the opportunity of the legal process.
  3.      Failure to keep from harm: The public counts on its law enforcement officials to protect local communities. If it has shown that an official willfully failed to keep an individual from harm, that official could be in violation of the color of law statute.

Significant Racketeering Activity

(1)   The FBI defines significant racketeering activities as those predicate criminal acts that are chargeable under the Racketeer Influenced and Corrupt Organizations statute. These are found in Title 18 of the United States Code, Section 1961  and include the following federal crimes:

  •       Mail Fraud
  •       Obstruction of Justice
  •       Arson

(2)  Domestic terrorism” means activities with the following three characteristics:

  •       Involve acts dangerous to human life that violate federal or state law;
  •       Appear intended (i) to intimidate or coerce a civilian population; (ii) to influence the policy of a government by intimidation or coercion; or (iii) to affect the conduct of a government by mass destruction, assassination. or kidnapping; and
  •       Occur primarily within the territorial jurisdiction of the U.S.

My attack began when my neighbor purchased that lot adjoining mine from the Mayor of my town. I purchased mine in 1995, completely renovated, and upgraded all structures. I had a comfortable home, a garage, and workshop which I operated a successful upholstery service. I had satisfied the loan within 5 years.

    Both the neighbors and my property were legally nonconforming lots 70’w X 300’l. The frontage of both properties was 5th St. When he first constructed the illegal nonconforming garage I was concerned. The fact that not only had he re-graded the fill dirt he trucked in to direct storm water onto my property, he also changed the direction of the oversized roof surface 90° from the existing garage diverting all storm water onto my property. His garage was illegal to begin with in regards to redeveloping legally nonconforming property. A building permit should have never been issued for this structure. The building official refused to address my concerns. I was advised he intended to build living quarters on the second story; The County assessed the value of my property at a loss of $10,000 for my three undeveloped “half” lots.

The following year a suspicious fire destroyed the existing home. The neighbor apparently changed his mind about building a living quarters in the upper level of the nonconforming garage. He constructed a new over sized home; again, to large to comply with current building codes, he altered the  frontage of his home, now the frontage of the home is the city alley. The building permit for this structure was signed and approved by the city building official. This permit lacked a fee amount charged and the signature of the builder.

The existing conflict of interest between those involved made it impossible for me to get any protection from law enforcement.  When a good cop did know about unethical and criminal behavior those officers did not have jurisdiction in the City. Nobody could do anything for me in regards to upholding the law, everyone who wanted to violate the law against me did just that. Multiple times I attempted to contact the city building official as standard procedure provides citizens to remedy of such situations. The building officials never responded. I did catch him outside his home planting garden and showed him the aerial photo, advised him that the illegal removal of the berm was the cause of my foundation washing out. He stated that he had forgotten about that berm. I assumed he would take action as his duty describes and remedy the situation. He did not, when asked by a witness on my behalf and fellow council member if he was going to address my concerns he stated that he was not. The mayor did come by and tell me “he cannot do that but it was a private issue”. Apparently, the mayor had not reviewed the permits prior to voicing his opinion, According to the city ordinances he has no authority to act as City building official. I went to the next council meeting with the building permits in hand and before I could ask my question the Mayor volunteered his knowledge that the builder’s signature alleviates all liability of the city. At that time I submitted the building permit issued and approved by the building administrator but not signed by the builder, there were no comments made by the mayor or any other person attending the meeting. You could have heard a pin drop. My questions have yet to be answered. Public record shows the mayor implicating himself in several similar situations.

Lee County detective Bob Conlee did misrepresent his authority by acting as a building authority for the City, advising his brother, “the neighbor” that he was not responsible for my damages. The County detective had no jurisdiction or authority to act as a city official and violation of a conflict of interest being he is the brother of this neighbor. Due to the fact that the only person with authority to assure compliance of redevelopment refused to address my concerns, perhaps the detective convinced the proper official that he did have authority. I do not have the answer as to why this occurred. I know this is not standard procedure used by this city in any other property redevelopment. Witnesses say the this building official questioned the blueprints in regard to the planned position of their new structures when submitted to him for review. There is a manual for reference at City Hall for building officials to refer to in following standard procedure. Building official Holland has had this duty for many years. He knows exactly what he is supposed to do.

For whatever reason only Mark Conlee has been held above the law in every illegal act committed against me. 

I developed what I referred to as a “rash” on my shins. This was not a normal itch as from a bug bite or poison ivy, although I have never had poison ivy. This was an intense itch, according to the dermatologist it was caused by something I had never been exposed to. Only after the grass turned green in the spring did I discover the neighbor had applied toxic chemicals to my property. I verbally told him upon discovery not to apply anything to my property, not to come onto my property and followed up requesting an incident report from the Chief of Police. The neighbor continued to apply the chemical to my property routinely for the next 5 years. I did receive an incident report from the Police Chief 16 months after I requested it.

Within 9 months of first discovering the chemicals I was unable to function, I could not bear to wear clothes. My rash had developed into a full body severe skin condition; the neighbor was elected to City council after the first year of intentionally exposing me to toxic chemicals. The evidence will show his intent was clearly use his position to for personal reasons and to try to cause me financial harm by using his to harass me.

    I was constantly being issue citations from the City, every time the charges were dismissed. The city clerk on the neighbors behalf fabricated ordinances, forged the original building permit for the new home to conflict with what my expert witness had observed when he came to the location and wrote a letter pertaining to the building permit issue to the Mayor and myself, including the State drainage laws. All the summons against me for criminal acts issued by the county attorney were based on fabricated laws. Every dismissal only increased the aggression of this neighbors attack on me.

He began applying the chemicals to the city’s easement on my property. The chemicals washed across the property of two downstream neighbors, killing all living things. The neighbor called the EPA.  A field investigator came to the location and took written statements from the two neighbors, and myself. I advised him that I just wanted to know what the chemical was so my dermatologist could provide treatment for a specific chemical. The field investigator advised me that I should go to the council meeting and ask them because it would be 9 months before the lab results would be completed. I went to the council meeting. The neighbor remained seated in his position as if there was no conflict of interest. Standard procedure would require him to leave the room because my complaint was against him. I told them that I needed to know what the chemical was that was applied to my property strictly for medical purposes. Not one person said a word. Not one person suggested they would find out what the chemical was. It was obvious by visually looking at my arms that my health had rapidly deteriorated. To me that was the most brutal of all the attacks on my person. The following day I stopped the Director of the street dept. and told him what had happened at the meeting. He advised me they could not tell me because they did not know any chemicals were being applied to the City easement. The EPA sent the city a warning letter stating all the laws they had violated in applying the chemicals. The reason the EPA got involved was the fact that the easement of my property was the point source of the headwater of a creek that feeds directly into the Mississippi River. The chemical was determined to be glyphosate, there is no specific test or treatment for exposure to glyphosate because it is against the law to trespass on the property of another. To apply chemicals to another person’s property, knowing it was believed to be causing health problems to the owner is criminal. The field investigator advised me that my situation is “unheard” of. The city was issued a warning letter stating all the laws that were violated in applying the chemicals. There have never been chemicals applied by the City in this area before or anywhere else in town that I am aware of. This is a violation of Federal Law.

There is no other case in which one neighbor has been allowed and assisted by law enforcement  to expose his neighbor to toxic chemicals with intent to cause serious injury or death. This man was using these chemicals to eliminate me. His illegal property redevelopment was rejected from being recorded on the county plat map. He determined to remedy the situation by eliminating me and acquiring my property. He chose to do this by unlawfully applying toxic chemicals to my property. This man could have never achieved his goal of eliminating me if not for the assistance of his co-conspirators all of whom were city or county government officials. This was premeditated and nearly cost me my life. This was torture, a violation of Federal law

I am requesting a full investigation into my allegations and this criminal enterprise be held accountable to the highest degree of the law.

  •       My right to due process was violated.
  •       My right to enjoy my property was violated.
  •       My right to free speech was violated.
  •       My right to equal protection of the law was violated.

Using chemicals with intent to cause serious injury or death can and should be considered attempted murder in this case. I did not willingly give up my property. A County officer stopped by my house to advised me that this man had no intention to stop using chemicals to eliminate me. There certainly was nobody willing to enforce the law to make him stop.

Perjury, knowingly making false police reports, fabricating evidence, fraud, obstruction of justice, conspiracy against rights, deprivation of rights under color of law. All of these allegations are all criminal offenses.

Being advised this is a civil case in my view is nothing short of advising me to take the law into my own hands. I have no authority to prosecute criminal offenses. I have no authority to search for bribes being taken by reviewing the financial records of these individual’s. The Federal authorities are the proper authority to investigate and prosecute the crimes alleged in this document. Advising me that this is a civil case is the same as telling me that for justice to be served I must invoke my rights given by the second amendment.

Is that what I should be forced to do? I need answers to these questions. I am being forced to commit a criminal offense, so justice can be served? Nobody has ever been in this position in the history of the United States. How many civil cases are filed against criminal offenses?

I know the duty of law enforcement is to protect the rights of the people. I know it is not the duty of law enforcement to fabricate evidence, act as a witness for a person who intends to violate a court order. As recent as April 2017 warned a city clerk an investigation is going to happen so she has the opportunity to suppress evidence that was prior to the warning, posted online for the public to read. When I tally it up every crime that has been committed against me in this case it completely describes what is  listed on the FBI website as being high priority. A FBI investigation is required to hold government accountable for public corruption. Any information that has been or will be stated by local authorities to a higher authority will be fabricated, I know that for a fact. No person has ever reviewed my evidence. The only two people who know the facts of this story are me and my terrorist attacker, the neighbor.  I have been advised this is a civil case. I strongly disagree.  I was not allowed to file a trespassing complaint against this man when he was unlawfully applying chemicals to my property. I did in fact hire an attorney to sue the City, he took my money and I suspect he took some money from the neighbor. My attorney claimed he filed the complaint. He did not file a complaint.

The neighbor filed a civil complaint against me for, of all things, loss of enjoyment of his property. I within my legal rights put up a privacy curtain. The attorney that I hired to sue the city countered with a nuisance drainage complaint. He failed to question any of my “compelling” witnesses. The same witnesses he referred to as experts in their own right. He failed to notify me that a decision had been made. When I did find out a decision had been made I called him and he advised me that to file an appeal he would need $4000 and he did not want to do it anyway. He advised me that I only had 7 days left to file an appeal. I did attempt to get the transcripts from the court and spoke with a Jody Green. She advised me that the transcripts would not be available until Feb. and the price would be $27.00 I believe. I have the detail including date and amount written down in my evidence. How ethical is it for an attorney to withhold testimony and written affidavits from the court. How ethical is it for an attorney to acknowledge the judge had errors in his decision based on what the only relevant witness the neighbor had. How ethical is it for an attorney to claim he file a complaint on your behalf against the libel party but did not. The evidence will support my attorney conspired with the neighbor violating my State and Federal Constitutional rights. The court dismissed my counter complaint  because the evidence and witness testimony was suppressed. I did not understand why he countered against the neighbor in the first place. I knew what my attorney advised me of the first day we met. The city is the libel party in my case. My attorney advised me that we would sue both parties. I hired him to present my case against the city I had nothing to do with a complaint against my neighbor. The city allowed and assisted the neighbor to violation the state building code and drainage law. The counts of perjury the neighbor and his attorney committed are unbelievable. He could not keep his interrogatories from conflicting with his courtroom testimony. Was the judge involved in this conspiracy? You review that evidence and give my your opinion. The court dismissed his case citing my “right to use my property as I see fit”. I felt a sense of relief. I understood the judge intention was for me to control my property in all matters.

After the court ruling the neighbor, accompanied by the police chief, approached me while I was in my yard to informed me that the neighbor was going to move the 48 landscape timbers that I had placed on my side of the common boundary to divert the nuisance storm water drainage to the city drainage ditch the best I could. I advised the neighbor that if he had a problem with the boundary the proper procedure is to file a civil complaint against me again. I asked the police chief why he was there. He responded that he was acting as a witness that the neighbor told me in advance that he was going to move the landscape timbers on my property. At that time I advised them both that I intended to invoke my second amendment rights. I went directly into my house and returned with a long arm single shot pellet gun. I told the police chief to never knock on my door again. He never knocked on my door again. As a normal human being, I to need to sleep. I was still trying to operate my business. I had not planned on spending this many hours defending my person and property against a neighbor who showed no sense of reason since he began his property redevelopment 2 years earlier. I went out in the yard the next morning and he had moved the protective landscape timbers and pulled up the lawn edging I had just installed as an additional form of protection. The only authority available for me to file a complaint to was the same police chief that had conspired to allow me to be poisoned in the first place. He stated the reason he would not issue the neighbor a citation was because he did not want to make him mad. I completely understand why someone would not want to get on this seemingly psychopaths bad side. I experienced his unconscionable, unreasonable behavior personally.

Within a matter of weeks the police chief was given the opportunity to resign with a positive recommendation to the next police department that hired him or be terminated. He chose to resign. The day after I was forced to defend my property with a weapon against the neighbor and law enforcement, one of the city deputies called me and advised me that the city did have an ordinance prohibiting bb guns. As if an ordinance was going to prevent me from defending my person and property from trespassers.

The next violation committed against me the neighbor reported gun shots fired from my property. A city deputy along with a string of Sheriffs officers swarmed my home. The reason for this was because the neighbor wanted to know if I did have weapons in my possession. They went so far as to call my son at his work and as him if I had weapons. The neighbor knowingly made a false police report. Making false police reports is also listed on the FBI website as a criminal offense. Again a review of my evidence will support all my allegations. No person of authority has ever reviewed my evidence except the county attorney. All evidence as been supported by “the neighbor said”.

This man and the local government officials have shown no regard for my life, liberty and pursuit of happiness.  The chemicals he was using were literally killing me.  Lee County attorney sent a deputy to my home to investigate a second criminal complaint the neighbor had filed against me for “giving him the finger”. I showed the deputy the court order, specifically where the judge is citing of my right to enjoy my own property. I advised the deputy that I wanted to file a trespassing complaint against the neighbor. The neighbor ignored the court order as if he was above the law. The deputy advised me that the court order did not specify chemicals could not be applied to my property adding that he was only at my home to investigate the complaint my neighbor filed against me for giving him the finger. He left and that complaint was dismissed due to lack of evidence. There is no law against giving anyone the finger, this was the second complaint for the same criminal charge the County attorney file on his behalf against me. This one the citation included “he was tired of me doing this all the time. Trumping up the charge to harassment.

I was advised that all criminal complaints must be referred to the county attorney by the Sheriff or other law enforcement authority. Well in this case that is not going to happen because of the conflict of interest existing among my attackers. I do not know if the city and county officials who followed behind this County Attorney, Mayor, building official/council member, and neighbor/council member were involved on the conspiracy against my rights or if they were manipulated into believing all they were told by this neighbor. I do know I have never been given the opportunity to tell the story and present the evidence in its entirety to any authority about this in a public forum, or in a private meeting. Exposing public corruption in my case has been one of the most difficult tasks I have had to face in my 60 years on this earth. In this land of the free. This was nothing less than a brutal life threatening attack waged against me by my local government officials. It was not the neighbor until after he suspiciously was elected to city council that had the duty to protect my State and Federal rights.

I am mad as hell and I am not going to take it anymore. I will not allow my rights to be violated  It is not my duty, nor did I take an oath to uphold the rights given by the Constitution as every person involved or notified about this situation has. I simply will not let it go. This was nothing short of feeling as if I have been gang raped. This is constantly on my mind. It will not go away. It should not go away as this in not what the Nation aspires to do to its citizens.       

If I put chemicals on anyone’s property only one time I would be charged with trespassing. This was done to me with no regard to human life for over 5 years. I am angry and time does not ease the pain. I suffer from PTSD as a result of the ongoing attack against me by this enterprise of government officials.. There is no statute of limitation for terrorism. The attack against me was in violation of my State and Federal constitutional rights. The State itself was actively supporting the violation of my rights. The attorney I hired conspired against my rights. You can visit https://poisonedbymyneighborfromhell.com to see some of the hard copy evidence that supports my allegations. This is only the tip of the iceberg of the criminal offenses committed against me to acquire my property. Deprivation of rights under color of law.

 

 

H.R.510 – Defense of Property Rights Act 114th Congress (2015-2016)

Is there anyone who would be willing to assist me by advising me as to what forms I need to file a case in Defense of Property Rights Act. I have no idea how to go about any legal matter, I hired an attorney one time and he conspired against me. So I have no trust or financial assets to use to obtain an attorney at this time. I recognize the statue states 6 years, the fact that I was blind until 2012 should be considered in this case. I believe my case is criminal, in violation of Federal law. I know my Constitutional Rights have been violated. I could use some opinions https://poisonedbymyneighborfromhell.com
H. R. 510

To establish a uniform and more efficient Federal process for protecting property owners’ rights guaranteed by the fifth amendment

 


IN THE HOUSE OF REPRESENTATIVES
January 22, 2015

Mr. Reed introduced the following bill; which was referred to the Committee on the Judiciary


A BILL

To establish a uniform and more efficient Federal process for protecting property owners’ rights guaranteed by the fifth amendment.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the “Defense of Property Rights Act”.

SEC. 2. FINDINGS.

The Congress finds that—

(1) the private ownership of property is essential to a free society and is an integral part of the American tradition of liberty and limited government;

(2) the framers of the United States Constitution, in order to protect private property and liberty, devised a framework of Government designed to diffuse power and limit Government;

(3) to further ensure the protection of private property, the fifth amendment to the United States Constitution was ratified to prevent the taking of private property by the Federal Government, except for public use and with just compensation;

(4) the purpose of the takings clause of the fifth amendment of the United States Constitution, as the Supreme Court stated in Armstrong v. United States, 364 U.S. 40, 49 (1960), is “to bar Government from forcing some people alone to bear public burdens, which in all fairness and justice, should be borne by the public as a whole”;

(5) the agencies, in their efforts to ameliorate public harms and environmental abuse, have singled out property holders to shoulder the cost that should be borne by the public, in violation of the just compensation requirement of the takings clause of the fifth amendment of the United States Constitution;

(6) there is a need to both restrain the agencies in their overzealous regulation of the private sector and to protect private property, which is a fundamental right of the American people;

(7) the incremental, fact-specific approach that courts now are required to employ in the absence of adequate statutory language to vindicate property rights under the fifth amendment of the United States Constitution has been ineffective and costly and there is a need for Congress to clarify the law and provide an effective remedy;

(8) certain provisions of sections 1346 and 1402 and chapter 91 of title 28, United States Code (commonly known as the Tucker Act), that delineates the jurisdiction of courts hearing property rights claims, complicates the ability of a property owner to vindicate a property owner’s right to just compensation for a governmental action that has caused a physical or regulatory taking;

(9) current law—

(A) forces a property owner to elect between equitable relief in the district court and monetary relief (the value of the property taken) in the United States Court of Federal Claims;

(B) is used to urge dismissal in the district court on the ground that the plaintiff should seek just compensation in the Court of Federal Claims; and

(C) is used to urge dismissal in the Court of Federal Claims on the ground that the plaintiff should seek equitable relief in district court;

(10) property owners cannot fully vindicate property rights in one court;

(11) property owners should be able to fully recover for a taking of their private property in one court;

(12) certain provisions of sections 1346 and 1402 and chapter 91 of title 28, United States Code (commonly known as the Tucker Act) should be amended, giving both the district courts of the United States and the Court of Federal Claims jurisdiction to hear all claims relating to property rights; and

(13) section 1500 of title 28, United States Code, which denies the Court of Federal Claims jurisdiction to entertain a suit which is pending in another court and made by the same plaintiff, should be repealed.

SEC. 3. PURPOSE.

The purpose of this Act is to

(1) encourage, support, and promote the private ownership of property by ensuring the constitutional and legal protection of private property by the United States Government;

(2) establish a clear, uniform, and efficient judicial process whereby aggrieved property owners can obtain vindication of property rights guaranteed by the fifth amendment to the United States Constitution and this Act;

(3) amend certain provisions of the Tucker Act, including the repeal of section 1500 of title 28, United States Code;

(4) rectify the constitutional imbalance between the Federal Government and the States; and

(5) require the Federal Government and States to compensate compensation to property owners for the deprivation of property rights.

SEC. 4. DEFINITIONS.

For purposes of this Act the term—

(1) “agency” means a department, agency, independent agency, or instrumentality of the United States or an individual State, including any military department, Government corporation, Government-controlled corporation, or other establishment in the executive branch of the United States Government or an individual State;

(2) “agency action” means any action or decision taken, permanently or temporarily, by an agency that—

(A) takes a property right; or

(B) unreasonably impedes the use of property or the exercise of property interests or significantly interferes with investment-backed expectations;

(3) “just compensation”—

(A) means compensation equal to the full extent of a property owner’s loss, including the fair market value of the private property taken and business losses arising from a taking, whether the taking is by physical occupation or through regulation, exaction, or other means; and

(B) shall include compounded interest calculated from the date of the taking until the date the agency tenders payment;

(4) “owner” means the owner or possessor of property or rights in property at the time the taking occurs, including when—

(A) the statute, regulation, rule, order, guideline, policy, or action is passed or promulgated; or

(B) the permit, license, authorization, or governmental permission is denied or suspended;

(5) “private property” or “property” means all property protected under the fifth amendment to the Constitution of the United States, any applicable Federal or State law, or this Act, and includes—

(A) real property, whether vested or unvested, including—

(i) estates in fee, life estates, estates for years, or otherwise;

(ii) inchoate interests in real property such as remainders and future interests;

(iii) personally that is affixed to or appurtenant to real property;

(iv) easements;

(v) leaseholds;

(vi) recorded liens; and

(vii) contracts or other security interests in, or related to, real property;

(B) the right to use water or the right to receive water, including any recorded lines on such water right;

(C) rents, issues, and profits of land, including minerals, timber, fodder, crops, oil and gas, coal, or geothermal energy;

(D) property rights provided by, or memorialized in, a contract, except that such rights shall not be construed under this title to prevent the United States from prohibiting the formation of contracts deemed to harm the public welfare or to prevent the execution of contracts for

(i) national security reasons; or

(ii) exigencies that present immediate or reasonably foreseeable threats or injuries to life or property;

(E) any interest defined as property under State law; or

(F) any interest understood to be property based on custom, usage, common law, or mutually reinforcing understandings sufficiently well-grounded in law to back a claim of interest; and

(6) “taking of private property”

(A) means any action whereby private property is directly taken in part or in whole as to require compensation under the fifth amendment to the United States Constitution or under this Act, including by physical invasion, regulation, exaction, condition, or other means; and

(B) shall not include—

(i) a condemnation action filed by the United States in an applicable court; or

(ii) an action filed by the United States relating to criminal forfeiture.

SEC. 5. COMPENSATION FOR TAKEN PROPERTY.

(a) In General.—No agency, shall take private property in part or in whole except for public purpose and with just compensation to the property owner. A property owner shall receive just compensation if—

(1) as a consequence of a decision of any agency private property (in part or in whole) has been physically invaded or taken without the consent of the owner; and

(2) (A) such action does not substantially advance the stated governmental interest to be achieved by the legislation or regulation on which the action is based;

(B) such action exacts the owner’s constitutional or otherwise lawful right to use the property or a portion of such property as a condition for the granting of a permit, license, variance, or any other agency action without a rough proportionality between the stated need for the required dedication and the impact of the proposed use of the property;

(C) such action results in the property owner being deprived, either temporarily or permanently, of all or substantially all economically beneficial or productive use of the property or that part of the property affected by the action without a showing that such deprivation inheres in the title itself;

(D) such action diminishes the fair market value of the property which is the subject of the action by the lesser of—

(i) 20 percent or more with respect to the value immediately prior to the governmental action; or

(ii) $20,000, or more with respect to the value immediately prior to the governmental action; or

(E) under any other circumstance where a taking has occurred within the meaning of the fifth amendment of the United States Constitution.

(b) Burden Of Proof.— (1) The agency shall bear the burden of proof in any action described under—

(A) subsection (a)(2)(A), with regard to showing the nexus between the stated governmental purpose of the governmental interest and the impact on the proposed use of private property;

(B) subsection (a)(2)(B), with regard to showing the proportionality between the exaction and the impact of the proposed use of the property; and

(C) subsection (a)(2)(C), with regard to showing that such deprivation of value inheres in the title to the property.

(2) The property owner shall have the burden of proof in any action described under subsection (a)(2)(D), with regard to establishing the diminution of value of property.

SEC. 6. JURISDICTION AND JUDICIAL REVIEW.

(a) In General.—A property owner may file a civil action under this Act to challenge the validity of any agency action that adversely affects the owner’s interest in private property in either the United States District Court or the United States Court of Federal Claims. This section constitutes express waiver of the sovereign immunity of the United States. Notwithstanding any other provision of law and notwithstanding the issues involved, the relief sought, or the amount in controversy, each court shall have concurrent jurisdiction over both claims for monetary relief and claims seeking invalidation of any Act of Congress or any agency action defined under this Act affecting private property rights. The plaintiff shall have the election of the court in which to file a claim for relief.

(b) Standing.—Persons adversely affected by an agency action taken under this Act shall have standing to challenge and seek judicial review of that action.

(c) Amendments To Title 28, United States Code.— (1) Section 1491(a) of title 28, United States Code, is amended—

(A) in paragraph (1) by amending the first sentence to read as follows: “The United States Court of Federal Claims shall have jurisdiction to render judgment upon any claim against an agency for monetary relief founded either upon the Constitution or any Act of Congress or any regulation of an executive department, or upon any express or implied contract with an agency, in cases not sounding in tort, or for invalidation of any Act of Congress or any regulation of an executive department that adversely affects private property rights in violation of the fifth amendment of the United States Constitution”;

(B) in paragraph (2) by inserting before the first sentence the following: “In any case within its jurisdiction, the Court of Federal Claims shall have the power to grant injunctive and declaratory relief when appropriate.”; and

(C) by adding at the end thereof the following new paragraphs:

“(4) In cases otherwise within its jurisdiction, the Court of Federal Claims shall also have ancillary jurisdiction, concurrent with the courts designated in section 1346(b) of this title, to render judgment upon any related tort claim authorized under section 2674 of this title.

“(5) In proceedings within the jurisdiction of the Court of Federal Claims which constitute judicial review of agency action (rather than de novo proceedings), the provisions of section 706 of title 5 shall apply.”.

(2) (A) Section 1500 of title 28, United States Code, is repealed.

(B) The table of sections for chapter 91 of title 28, United States Code, is amended by striking out the item relating to section 1500.

SEC. 7. STATUTE OF LIMITATIONS.

The statute of limitations for actions brought under this title shall be 6 years from the date of the taking of property.

 

SEC. 8. ATTORNEYS’ FEES AND COSTS.

The court, in issuing any final order in any action brought under this Act, shall award costs of litigation (including reasonable attorney and expert witness fees) to any prevailing plaintiff.

SEC. 9. ALTERNATIVE DISPUTE RESOLUTION.

(a) In General.—Either party to a dispute over a taking of property as defined under this Act or litigation commenced under this Act may elect to resolve the dispute through settlement or arbitration. In the administration of this section—

(1) such alternative dispute resolution may only be effectuated by the consent of all parties;

(2) arbitration procedures shall be in accordance with the alternative dispute resolution procedures established by the American Arbitration Association; and

(3) in no event shall arbitration be a condition precedent or an administrative procedure to be exhausted before the filing of a civil action under this Act.

(b) Review Of Arbitration.—Appeal from arbitration decisions shall be to the United States District Court or the United States Court of Federal Claims in the manner prescribed by law for the claim under this Act.

SEC. 10. RULES OF CONSTRUCTION.

Nothing in this Act shall be construed to interfere with the authority of any State to create additional property rights.

SEC. 11. SEVERABILITY.

If any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of the provisions of such to any person or circumstance shall not be affected thereby.

SEC. 12. EFFECTIVE DATE.

The provisions of this Act shall apply to actions commenced on or after the date of the enactment of this Act.

Charlotte County Big Government Attacking the Helpless

The violations of our rights will not be tolerated. Stand for what is right even if you stand alone. Unbelievable tyranny

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Cato Handbook of Policy Makers

I can tell you one thing this handbook is useless unless these policies are guaranteed to be enforced. Where is a Cato representative to represent what they declare they represent?

Cato handbook of policymakers