25th Anniversary: Bulldozer v. M-14

Alabama Gazette’s 24th Anniversary evoked recalling a 25th anniversary. My first column submitted at the end of last century addressed Kelo type unconstitutional takings via eminent domain abuse. I’m a victim of armed robbery and one who’s exercised his 2nd Amendment civil right as intended by ’intelligent designers’ of the 1787-9 ratified Constitution. I hold more respect for the criminal who attempted pistol whipping me with a nickel plated revolver while robbing this former Shell Station ‘petroleum transfer engineer.’ The armed robber didn’t abuse the colour of authority like the gleeful government contractor terrorizing our home with a bulldozer. Identifying National Socialists (German, Israeli, et al) sick with delight taking others’ life, liberty and property became clearer these past 25 years.

This episode of eminent domain abuse began February 1998. Two federal bureaucrats knocked on our door (me and my bride) to take our home we paid off in 1995 asserting we’d be ecstatic with the compensation and so-called ‘Merry Christmas bonus’ about when the time to vacate fell with a handsome ‘relocation allowance.’ For the record, we only submitted claims for $11k of the approximately $25k allowed. We’ve STILL not received that check which didn’t include compensation for being made homeless 11 months awaiting payment for our property taken. Words can’t convey driving by a home you hold legal title to and paying taxes on to see OTHERS living in it, using your shop, etc. Shameful how it still evokes despair as a husband and provider who should be able to ensure a secure place for his family; how ‘back-up beeps’ heard some mornings still trigger panic so badly I have to actually hold/see my M-14 is at the ready. A 2019 column explaining corrupt politburo members who seem to enjoy taking ‘other peoples’ property’ (from Butts to Sewell) can be found at: https://www.alabamagazette.com/story/2019/11/01/ opinion/a-coward-dies-a-thousand-deaths-i-wish- it-were-so-few/1770.html

The unlawful eviction from our home by federal and State government bureaucrats for US Highway 280 was located at the end of College Street many longtime Auburn folks referred to as “The Bottle.” The best home and years of my life were spent there. Bureaucrats couldn’t explain rerouting as originally determined by engineers more interested in traveling public safety and cost constraints, instead of decisions/placement were designed to generate de - sired wealth transfers for ACCA, BCA, et al type parasites. The corrupt (some say incompetent - really matter which?) probate judge didn’t follow bonding requirements so we suffered ALDoT workers and their crony contractors coming onto our property without permission, destroying essential lines - e.g., sewer, drainage culverts, etc. with impunity. This probate judge assigned 3 commissioners to determine the value of our 3 bedroom/2 bath home, 2.5 car workshop, etc. on just over an acre of land at $59,800. Not one commissioner inspected our property to justify their ‘comparables’ or possibly determine replacement/reproduction, but each did receive $400 checks for their malpractice and couldn’t provide one similar 3 bedroom/2 bath property with a large workshop on an acre of land in Farmville for $59,800. The only similar property (with no shop) available and later sold, exchanged for just under $170,000.

According to Alabama code [18-1A- et seq.] didn’t matter if these corrupt politburo members asserted our home was worth $1 or $1 million; the taker must provide a replacement or reproduction of what’s taken. We even offered to relocate so our property may be razed immediately and be compensated/ provided similar living arrangements until all their stalling was exhausted in Jake Walker’s Court. Once the Circuit Court determined the result (250% higher than the corrupt commissioners determination) government(s) would pay to move us a second time to our permanently replaced/reproduced land/home/property due to their lying and/or poor planning. Little surprise our politburo found this unreasonable just as German, Israeli, et al National Socialists found this unreasonable expectation from property owners.

After several episodes of pushing back despicable players increasingly more times in October [usually armed with a .44 magnum Ruger Blackhawk some found intimidating on my person] it was clear the politburo wanted to be living in our home by Thanksgiving. Already had to come up with another way to drain sewage away from our home after the government contractor’s Bulldozer purposefully crushed our sewer line. Mr. Pot-bellied Bulldozer driver was coming at our home once again. Feeling more threatened I came to our porch with my M-14 [7.62 NATO APC] fully loaded with 21 rounds. Full magazine and one in the pipe… and yes, there’s a reason to have 20+ capacity magazines for instances of this sort 2nd Amendment civil right haters. Can’t stress enough it was not a piece of old parchment which carried that November day. It was an armament with a steel tube and formidable projectile which stopped this smug grubber. Needless to say, the look on Mr. Bulldozer’s face quickly changed as I prepared to aim and count my rounds. Reasonably confident I could stop the large dozer with 20 rounds, but if not… the 21st was for Mr. Bulldozer.

Given the picture shown holding my M-14 (with the flag flown when under siege in 1998) I’m no longer the 36 year old man formidable with my pen and sword. Mr. Bulldozer lost his grubber smile and nerve it seemed to proceed. A cherished Japanese maple was my mark to open fire; one of several items the politburo claimed we stole, which they did not pay for… can’t make this stuff up my dear readers. Upon leaving our home, unpaid and with the help of several truly dear friends, I ejected that 7.62 round placed next to my bible kept in the nightstand by our bed. I did not go the way of Barabbas. As one struggling to follow Jesus path, I left it on God’s battlefield.

It was the beginning of my understanding all combat is Spiritual. Many have expressed opinions I should have justifiably opened fire that November day; others (like German, Israeli, et al National Socialists) think it is fine for the government to take without compensation, making people homeless to feed political parasites. Most are themselves political parasites and perhaps in their heart know they’ll not do well having to compete with those who live their lives righteously. A cautionary tale to parasites who can’t understand; their hosts are growing increasingly more willing to engage in violence against politburo members destroying their lives.

After the M-14 incident, our corrupt politburo went outside the eminent domain code to evict us from our home we held legal title to and paying taxes on

via Lee County’s District Court. Perhaps Judge Nix knew our corrupt politicians decided against following the Uniform Eminent Domain Code (UEDC) since 1995, but I guess this sort of knowledge really doesn’t matter if you’re a sound jurist who knows right from wrong and respects civil rights as shown by Judge Nix’s ruling.

We were the only case in Judge Nix’s courtroom, which included a ‘hostile’ witness (who appeared to be one of the highway workers cleaned up for court who relished coming at us with bulldozers, crushing our sewer line, burning fires over us) mad at us for defending our home and rights. It was clear the bureaucrats and contractor were unhappy we were still in our home during the holidays after delivering the trumped-up (pun intended) eviction notice two weeks before Christmas. Our actions kept them out of the nice home and shop they wanted to live in and use, not to immediately raise as stated in open court.

In short, bureaucrats and their crony contractor wanted to railroad us into homelessness quickly and quietly, but Judge Nix wouldn’t yield. He made it clear he didn’t understand going outside the eminent domain code to evict us - i.e., consciously and maliciously doing wrong. He invited them into his chambers with all the attorneys to give the bureaucrats one last chance to ‘do right’ before making his ruling. Once again, hard to know Judge Nix’s level of certainty about the lies and their desire to make us homeless so they could live in our house, use my shop, etc… wearing us down as we waited for our day in Judge Walker’s Court.

Little surprise bureaucrats refused Judge Nix’s last noble effort to stop the fraud they were orchestrating - so all returned to his courtroom. Bureaucrats willing to abuse eminent domain understand they’re no longer obliged by the UEDC to provide victims a ‘decent, safe and sanitary’ place to live. With his delightful, almost impish grin Judge Nix looked to - ward the tables where the bureaucrats and attorneys sat as he spoke through his decision. First he made it clear he thought something was amiss with these ‘public servants’ going outside the eminent domain code to use some other, obscure statute to evict us from our home. He then said the unusual process used by the bureaucrats required him to come up with a dollar amount to allow us to stay in our home on appeal.

With a kinder face, Judge Nix turned to us (me and my bride) sitting in the middle seats of his courtroom to pose his half statement/half query, “Y’all live in the nice brick house at the end of College - don’t you?” We nodded affirmatively. Then he again asserted/queried, “Well with all the trucks, earth moving, fires burning and dust being kicked up out there (I don’t know if he was aware of them cutting our sewer line) it must not be as pleasant to live in that nice home - would $300/month be OK as you appeal?” Obviously, we were delighted at this sage District Judge’s decision, which made it so easy to stay in our house as we awaited our trial in Circuit Court to determine what we’d be paid for our home. Our hope was to be able to obtain another nice place near Auburn and only move once.

The facades of our pathetic political grubbers appeared absolutely incredulous with what this wise Judge’s righteous decision had just accomplished… indescribable for this poor wordsmith. After a huddle, they threatened us with a $10,000/day fine if we stayed in our home under Judge Nix’s decision, knowing we only had 24 hours to turn in our paperwork to the court. Our attorney at that time, claiming fear of this threat, said she “refused to do that with our money,” seeming most certain we couldn’t get another officer of the court to do so on such short notice, nor would she consider asking for an extension so we may obtain one. Seemed completely unconcerned she wasn’t doing what we asked. We indeed have good and courageous judges in our nation, as well as very poor judges; there’s little doubt a similar dichotomy exists between appraisers, attorneys, clerks, commissioners, engineers and officers.

This was the final decision to make a stand with arms or leave for combat in the courts. My bride’s name translates to ‘Salvation’ and is the greatest blessing God has bestowed upon me… if it were not for her - I would’ve chosen the sword. By far the darkest time of my life; I wrote the note to take my life and was going to do so in my shop I held dear and still foolishly miss along with our nice home. God has worked hard upon me to stop wanting nice material things of this world. I couldn’t justify the relief of taking my life any more than justifying wanting to kill the grubber on the bulldozer physically destroying our lives. I pray that note has been destroyed by our attorneys after the Roberts court (unlike the 2005 unanimous US Supreme Court victory) shown his typical National Socialism and disregard for civil rights in 2010.

The fundamental issue was lying about the public purpose/use in this case, and Judge Nix knew one can NOT prove someone is lying about what they WILL do until they do NOT do it. After being made homeless for almost a year, we know as fact they were lying. We weren’t being put out of our home for it to be razed immediately as stated in Judge Nix’s Court; instead we were made homeless so others could live in our home/use my shop while we held title, paying taxes on it, etc… Obvious tactic is to ‘fatigue citizens into submission’ as the Declaration of Independence penned. Most do not have the resources to fight for their civil rights, if they were ever taught them.

Shortly after lying in Judge Nix’s Court com - plaining we were holding up ‘progress’ putting them behind schedule - these same bureaucrats boasted to the Auburn-Opelika News they were ahead of schedule. Words cannot convey what it was like to read that article, drive by our home to see others living in it and using my shop while we were homeless and living off the kindness of a friend. I’ve always hoped Judge Nix didn’t think poorly of me and my bride - we wanted to stay in our home as he allowed until we were compensated for it or provided replacement. We didn’t want to be so great a burden upon so many of our church fellows, family and friends as was the result of this wrongful taking. A thousand deaths? …this coward wishes it seemed that few.

I further hoped Judges Denson, Nix, Jacob Walker and Susan Walker would write an Amicus after our unanimous win over Judge Myron Thompson’s many rulings against citizens’ civil rights to decrease the likelihood the US Supreme Court would let it slip through the cracks. Foolish I know - people are busy and civil rights of this sort are no longer ‘in vogue.’ Furthermore, it was nothing short of a miracle we unanimously won in the US Supreme Court [2005] making it all the way through the procedural minefields set up against a lowly civilian. Judge Thompson understood all he must do is keep delaying justice long enough to effectively remove our civil rights until people die, are ignored, miss one deadline etc… it took 13 years.

Nothing in this world can compensate one for the many lies and vulgar things done to us during this episode which include 11 months homeless. Nonetheless there were some satisfying moments in the dozen years of depositions and filings which followed as we fought for others’ civil rights. One specific example comes from Judge Nix’s courtroom. When asked what I wanted as compensation, I said $10,000/day for each day we were made homeless. The crony contractor’s attorney quipped back in a snotty tone asserting that was an absurdly large number, asking where I came up with it. My unequivocal reply was I didn’t come up with this number, the highway bureaucrats did after Judge Nix allowed us to stay in our home! Little wonder my reply ended that line of questioning rather quickly. We never could get bureaucrats or their attorneys to show where politburo members were authorized to deliver such a draconian threat.

Suffering of this sort usually results when government extremists operating outside their authority are accepted as ‘mainstream’ aided and abetted by poor jurists. Judge Nix’s decision allowing us to stay in our home drove these little despots mad in his court - room, requiring them to spend so much more time and effort attempting to cover their tracks the following years in legal combat - esp. the unauthorized $10,000/day threat and razing the structures immediately lie. Sadder still, after documenting so many lies of this sort, nothing will be done when Myron Thompson caliber judges will not act on the perjury we documented. Expect more poor behaviour of this sort out of despicable bureaucrats when there are little or no consequences. Many are proud of what they do, just as were the National Socialists of Europe and currently the Israeli National Socialist doing the same evil to others which they suffered from German National Socialists. Again, far too many political parasites take pleasure in the lives they take and destroy along with victims’ dignity and property.

Greeks understand Pyrrhic victories better than most - even when you win battles it is impossible to beat the despotism of Rome without the teachings and Spirit of Christ in the majority of hearts and minds. After many legal battles, we finally ‘won the war’ against the contractor - the amount is unknown to us, as it is sealed and instructed attorneys one of our stipulations to sign the settlement was never telling us the amount nor receive a penny so that if anyone ever said we leaked the result it couldn’t possibly be us. Furthermore, we never wanted to be seen as doing this for money - the hope always was to stop abusive politburo members from violating 5th Amendment civil rights.

My advice to all eminent domain abuse victims is to sue the private companies if you’re treated poorly, even if it only addresses the symptom. It seems there will be much of this forthcoming in Middle West Alabama. Crony contractors will simply be given more money by governments to cover the civil right abuses, often at the direction of the bureaucrats who are untouchable when it only takes one poor jurist like Myron Thompson to delay justice indefinitely. In this environment the most effective way to reduce abuse is by raising the cost to agencies which allow/engage in abuse. Hopefully you’ll be fortunate enough to get out - standing jurists like Mike Nix at the outset; then Jacob Walker, the 2005 US Supreme Court or most notable Susan Russ Walker and attorneys who will also do right as combat unfolds in the courts. When government agencies must devote more of their budget indulging abusive behaviour it will afford them less opportunities to violate our civil rights.

In closing, God doesn’t put one in situations to win in this world. Jesus rationally forecast what was about to happen given Annas, Caiaphas, Herod, Pilate et al history exercising their free will. Unlikely any of them would act righteously. Nonetheless our Saviour pressed on. I expect to lose going up against my corrupt Probate Judge and Commissioners all the way up to the Roberts Court. As I look forward to my end, I understand the blessing God has made the demons I’ve faced so easy to identify. As the Barron, Butts, Little, Riley, Sessions, Siegleman, Shelby, Sewell, et al types finally disappear. It doesn’t seem their replacements are much different. Unlikely the US Supreme Court returns to the same attention as the 2005 Court to civil rights and Judges Anderson, Dubina, Thompson, et al also must disappear to no longer delay/deny justice. One can’t help but fear the unlikelihood of good, courageous Judges like Mike Nix, Jake Walker, Susan Walker, et al being replaced with jurist of equal or greater character and integrity - thankfully my trust in God’s Judgment overpowers fear of this sort. My growing fear is of those who’ve observed our failed efforts want to pull the trigger on their 2nd Amendment civil right in an increasingly less Godly world.