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DERM’s Predatory Tactics Victimize

DERM Takes Lead as Predators & Thugs on 8.5 Square Mile Area

In the 1960’s Alice Pena’s father bought two separate 5 acre parcels of land in what is now known as the 8.5 Square Mile Area (8.5-SMA).  At that time, the properties were classified as upland (high and dry ground) with an average elevation between 6 and 9 feet above mean high tide.  The Pena’s property is now part of the 8.5-SMA that includes about 900 properties, 500 of which were home sites in what is principally farming area.  Many of the farmers grew avocado trees including what was...
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TWO SUPREME COURT RULINGS

Two Supreme Court rulings have recently signaled a turning of the tide against government overreach and abuse of individuals constitutional property rights.  In the case of Sackett v. Environmental Protection Agency the Supreme Court found that the federal government through the EPA had given its’ employees nearly unfettered authority to violate individual’s property rights.  The SackettCourt found that simply because the EPA might issue a compliance order to a property owner, that is not the end of the line; that even such compliance orders are subject to further review by our court system. In the case of Koontz v. St. Johns Water Management District, the Supreme Court...
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SACKETT V. ENVIRONMENTAL PROTECTION AGENCY

Facts:  The Sacketts were owners of a residential lot which contained navigable waters.  In preparation to build a home on their property, the Sacketts filled in part of their lot with dirt and rock.  A few months after the Sacketts had filled part of their lot, they received a compliance order from the Environmental Protection Agency (EPA).  The compliance order stated that the Sacketts’ property contained jurisdictional wetlands, although no mention was ever made of wetlands on the Sacketts’ deed or any other document associated with their property.  The order further ordered the Sacketts to “immediately undertake activities to restore the...
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