View Full Version : Standoff in Bay Township. Asking for help!
AimHigh
09-15-2003, 07:50 AM
A Michigan property owner is promising an armed confrontation with anyone who attempts to enforce a judge's order to remove three manufactured homes from his land.
I guess he is really angry and has taken a deadly stand against the local government. Hopefully, this will end peacefully. We will pray for him.
Story (http://www.detnews.com/2003/metro/0309/13/metro-269551.htm)
AimHigh
09-15-2003, 09:29 AM
Petoskey news (http://www.petoskeynews.com/articles/2003/09/12/news/local_regional/news02.txt)
This guy is requesting militia involvement! Hope they won't help. There are more worthy stands to take.
goldwing2000
09-15-2003, 09:35 AM
"The Bay Township zoning ordinance allows one single family residence but he was able to bring in the second home in the mid-1990s under a caretaker clause."
So connect all the homes. End of problem.
bluethunder
09-15-2003, 02:50 PM
"The Bay Township zoning ordinance allows one single family residence but he was able to bring in the second home in the mid-1990s under a caretaker clause."
So connect all the homes. End of problem.
I think that's what he tried to do.This article mentions a "enclosed walkway".
"Land Owner: "I've had enough. I'm going to fight!"
Charlevoix County Businessman Bulldozing Revetments For Coming Armed Standoff.
Alanson, MI (Sep 11) - Charlevoix County citizen, Lyle Barkley, has been
ordered to remove two manufactured homes from a 4-acre parcel in Bay
Township by September 18. Barkley says he will not comply with the illegal
and unconstitutional order of the court but will defend his property with
arms if necessary. Barkley, 55, owns B&B Excavating in Boyne City. He is
presently bulldozing fortifications around his property in preparation for
the standoff he promises will come if officials attempt to remove the homes
from his land.
His cause has drawn the attention of Rick Stanley, leader of an
organization called Mutual Defense Pact 2d American Revolution Militia who
offers to send more than 600 armed defenders to Barkley's aid once the
standoff has begun. (see Stanley's website: www.stanley2002.org for
information on mutual defense).
Barkley contacted Norm Olson, Senior Advisor to the Michigan Militia for
help up until Stanley's organization arrives. Olson has urged citizens
throughout Michigan to become aware of what is taking place and to speak
out in an attempt to forestall or stop armed conflict. "Lyle Barkley is
unlikely to run. He's preparing to defend. I admire his spirit," Olson said
in a news release today, but added, "This situation stinks of crooked
politics, corruption, and favors. Barkley was given permission. He acted
accorded to the permits, and then, when his homes were on the property, the
permits were withdrawn and the homes 'red-tagged.' Something about this
isn't right."
Background: Lyle Barkley received authorization to place two 12x60
manufactured homes (mobile homes) on 4 acres in Bay Township. Permits were
granted by the County. Once on the property, Barley began a building
project to join the two homes via an enclosed walkway. It was then that
former township supervisor, "Bud" Chipman filed a complaint to stop further
construction and have the homes removed. (Chipman was recalled from his
position. Reason unknown).
County Court Judge May found in favor of Chipman's complaint and issued an
order to Barkley to remove the homes by September 18th.
Barkley's decision: To bulldoze revetments and redoubts for defenders.
END PRESS RELEASE
Newspaper stories will follow. Deadline Sept 18.
The other part of this story concerns Lyle's daughter, a single mother
of three who refuses to leave the property. She told me today, "This
is the only home I know. My father is staying and I'm staying. Someone
has to stand up against these gangsters.
Norm Olson"
I got this from the Ranch Rescue. It also said that the head of the Michigan Militia was promising "150 people to help defend his property" I'm not sure if that is a good thing or not.
ANIMAL
09-16-2003, 12:32 AM
when the politicos want to play games and they have the so-called law on their side, then there is one way left. Isn't that why we have the second anyway?
Sorry to see it come to this but sometimes you just gotta draw the line and take a stand. And what would you do in his shoes? they gave you permission to do something on your own property (woopy) then changed their minds after you spend a load of money. Don't think so.
Personally I hope he gets the help he needs and the Govt backs down and the crooks go to jail.
sometime a little blood needs to be shed to remind them how its supposed to work.
ccw4all
09-16-2003, 09:57 PM
It's his property. He pays taxes on it. No need for big brother. He can do whatever he wants on his own land IMHO.
Kouger
09-16-2003, 10:00 PM
It's his property. He pays taxes on it. No need for big brother. He can do whatever he wants on his own land IMHO.
the law says otherwise
goldwing2000
09-16-2003, 10:55 PM
It's his property. He pays taxes on it. No need for big brother. He can do whatever he wants on his own land IMHO.
the law says otherwise
The current court's law says otherwise.
The "patent land" law from 1871 seems to disagree (although I've never heard the term).
He maintained that his property is "patent land" granted to the initial owner in 1871 by President U.S. Grant, and as such he has rights to do with his property as he wants, irrespective of zoning laws.
goldwing2000
09-16-2003, 11:02 PM
Found this (http://www.record-eagle.com/2000/jun/08land.htm) on a related issue:
Jenna Gent, a spokesperson for state Attorney General Jennifer Granholm's office, said the state has dealt with the patent land issue before.
"As far as we know, no one has ever filed suit, but it does come up from time to time," she said.
In a 1994 opinion, then-attorney general Frank Kelley determined the state has the right to assess and tax private lands within the state that were initially conveyed by patent from the U.S. government.
Emphesis mine. I'd like to see some evidence that this decision was based on! I find it hard to believe it's legitimate just because some lawyer says it's so. Much less a gubmint lawyer! :?
Jim Simmons
09-17-2003, 04:10 AM
The "patent law" issue dates back to when what is now Michigan, Ohio, Indiana, Illinois, and Minnesota were part of the Northwest Territory. The Northwest Ordinance enacted by Congress in 1787 provided for the surveying, and mapping of the territory. It also set up the township and county system that we're familiar with, and set forth the means by which settlers could seek a grant of land by "letters patent" signed by the President. (One of my ancestors obtained his land in the Ohio River valley in 1832 in such a manner; we found the patent letter on an Ohio Historical Society website.)
Most of what was the Northwest territory was granted out this way, and my recollection is that until the territories became states, the territories were limited in how they could tax and restrict land use.
There is an obscure legal theory out there that states never acquired the power to tax real estate or restrict land use. It's in the same category as those who believe that paper money violates the Constitution and the income tax is illegal because the 16th Amendment was not properly enacted. It's never gone anywhere, and it isn't likely to do so.
mohavesam
09-17-2003, 09:35 PM
Hand it to him, he's taking a stand. Too bad he didn't work with the system a bit more.
If he goes waving a firearm at local badges, he's asking to be fed a 168gr. HP pill from a black-outfitted civil servant.
Law may come from a typewriter, but Order comes from a gun muzzle.
BigDaddy40
09-18-2003, 01:37 AM
It's in the same category as those who believe that paper money violates the Constitution and the income tax is illegal because the 16th Amendment was not properly enacted. It's never gone anywhere, and it isn't likely to do so.
_________________
Paper money is especially unconstitutional. Take paper and ink and loan it to the government at face value and charge interest on it. Just so you know it's called "fiat money" and absolutely unconstitutional.
The 16th amendment was never property ratified. The judicial system knows it and will attempt to keep the ponzi scheme running as long as the sheep keep putting up with it.
Go back and check out what the Constitution says about the power to tax and what "income" is or isn't. It's very clear.
Our tax system is entirely voluntary. Our system of taxation will be proven to be the biggest financial scam ever perpetrated on mankind.
No where in the Constitution does it give Congress the authority to allow a private corporation (The Federal Reserve) to collect taxes on citizens which does nothing but pay the interest on the debt. This private corportation (The Fed) then turns around and puts ink on paper and "loans" it to the government at face value plus interest.
The idea you mentioned for sure isn't going anywhere. The legality of the income tax surely is. Look up the Memphis case a couple of months ago. All the defendant was asking for was for the IRS to show her the law that made her "liable." The IRS wasn't able to do so and she was aquitted. keep a close eye on the federal docket in the near future as well.
Scoop
09-18-2003, 10:10 AM
It's his property. He pays taxes on it. No need for big brother. He can do whatever he wants on his own land IMHO.
So, if we were next door neighbors in a nice residential area, you would have no problem if I were to raise pigs in my front yard, pile waste and debris along our property line, throw a few junk cars up on blocks right next to your property and otherwise reduce the value of YOUR home, simply because I pay taxes on 'my' property?
BigDaddy40
09-18-2003, 11:28 AM
It's his property. He pays taxes on it. No need for big brother. He can do whatever he wants on his own land IMHO.
So, if we were next door neighbors in a nice residential area, you would have no problem if I were to raise pigs in my front yard, pile waste and debris along our property line, throw a few junk cars up on blocks right next to your property and otherwise reduce the value of YOUR home, simply because I pay taxes on 'my' property?
A 7' fence makes for good neighbors. Ever lived next to a chicken farm?
goldwing2000
09-18-2003, 02:37 PM
Yes, I have. Fences don't keep out stenches. Both pigs and chickens stink to high heaven! :x
45 acp
09-19-2003, 08:45 AM
It's his property. He pays taxes on it. No need for big brother. He can do whatever he wants on his own land IMHO.
So, if we were next door neighbors in a nice residential area, you would have no problem if I were to raise pigs in my front yard, pile waste and debris along our property line, throw a few junk cars up on blocks right next to your property and otherwise reduce the value of YOUR home, simply because I pay taxes on 'my' property?
Well I would try to talk to you to try to resolve the issue and if we could not come to an agreement my choices would be to ---
A live with it
B Move
C Make you an offer and buy your property
I for 100% agree that it is his property and he " SHOULD " be able to do any thing he wants with it.
In my opinion we already have too much Big Brother Government telling us what we can do with our own property or on our own property.
As for a 7 foot fence ? most area building and zoning wont allow any higher than 6 foot and some even tell you what you can build it with.
This is bull s*hi*
gjgalligan
10-16-2003, 12:38 PM
So what happpened on this?
bluethunder
10-16-2003, 01:13 PM
Last I heard,they(land owner,sherrif,prosecuting attorney) were supposed to be meeting to resolve the issue. Haven't heard about the results yet.
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