unlawful entry – Legal Definition. n. An entering onto someone’s property without that person’s consent, by force or fraudulent pretense. Unlawful entry is distinct from burglary, which entails the breaking and entering into someone’s dwelling with criminal intent.
The key is “fraudulent pretense”. Don’t forget, on March 31, 2011, Darrell Vanyo (former Cass County Commissioner and FMDA Chairman) stated in writing that: “…there would be no impacts south of Highway 46…” Rather ironic that the northern border of Richland County begins at Highway 46. (read more on this topic) Think about it…, if there are “no impacts south of Highway 46″…, what rationale is being used as the basis for “Right of Entry”?
Currently, the FMDA (Fargo Moorhead Diversion Authority) has no project. The Minnesota DNR denied the permit application for reasons detailed in the DNR’s findings of the facts document. (read more on this topic)
Even more curious is the fraudulent way the FMDA is attempting to allow the USACE (United States Army Corps of Engineers) access to properties outside Cass County jurisdictional boundaries. Don’t forget.., Fargo’s greatest LIARS insist the proposed project is a “federal” project. Then it certainly begs the question, why is a NON-ELECTED water board skulking around with an attempt to sneak the USACE in through the back door and grant access to private properties outside the jurisdictional boundaries of Cass County?
With a proposed project facing significant legal issues and the Minnesota DNR position on Class 1 High Hazard Dams, why would the FMDA be attempting to further prejudice the project using the CCJWRD (Cass County Joint Water Resource District)?
Even more curious is the FMDA complete disregard for North Dakota water laws and requirements when the FMDA filed for a ND Construction Permit in 2016.
This recent Right of Entry Request (demand) is an act of aggressive insult, wherein, no legitimate purpose exists and is intended to disregard and circumvent Richland County Commissioners and the Richland County Waterboard ~ the legal representatives of Richland County.
It further attempts to intimidate private landowners, threaten landowner property rights, denigrate a landowners existence, control a landowner by coercive actions and pressure landowners into submitting to the will of Imperial Cass/Imperial Fargo.
Richland County, ND Landowners are encouraged to contact their Richland County Commissioner, Richland County Water Board and/or seek legal counsel before making any decision on the following document. http://www.co.richland.nd.us/contact
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