The New 49'ers and several others filed takings litigation against the California Department of Fish & Game on 13 April (2012).
http://www.buchal.com/taking/complaint.pdf
We filed this case in Yreka, Siskiyou County, a location which is more in touch with the results of DFG's ever-expanding over-regulation, not only with small-scale miners; but also the agriculture industry and other forms of natural resource development (like the push to remover our hydro-dams). There is not a day in Siskiyou County that there is not some news in the local newspapers about the loss of property rights at the hands of this and other agencies of government. Enough is enough!
Our complaint first challenges DFG's recently-adopted dredge regulations. If we cannot overturn them, then clearly there will have been a “taking” by the State of the productive use of our mining properties. We expect others will join our suit in time, since the new regulations propose to take away the only practical use of mining properties across the State.
Here is a reminder that our legal fund needs all the help it can get. We are giving away 15 American Gold Eagles in our existing prize drawing.
We appreciate anything you can do!
Dave Mack