August 31, 2005

ASK FRANK IWAMA, ESQ.

On 8/30/05, Permittee M.A. inquired:
 
Mr. Iwama, I am a member of the Task Force 7 and owner of a mobile home at Lake Berryessa Marina.I would just like to ask you, is not the BOR in violation of our US Constitution-Bill of Rights --Article 4 of which reads:
 
"The right of the people to be secure in their persons, papers, and effects,against unreasonable searchs and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particlarly describing the place to be searchd, and the persons or things to be seized."
 
This mainly to apply to Pleasure Cove. Please advise when you get a chance.

Thank you,
 M.A.
 
Dear M.A.
 
Thank you for your e-mail regarding BORever's violations of U.S. constitutional protections against unreasonable searches and seizures.  You are correct Article IV of our Bill of Rights, applicable to state actions by the 14th Amendment, provides broad protections against government actions relating to the unlawful search and seizures of private property. 
 
In the present case involving billionaire Rex Maughan's BORever Resorts at Pleasure Cove there are other extenuating circumstances involving the removal of personal property owned by private stakeholders located on Federal lands.  The long-term permittees right to rent sites at Lake Berryessa is based on contractual rights granted by BOR at or near the time of the creation of the Lake Berryessa Recreation Area.  Technically speaking, long-term permittees are in the similar position of tenants whose lease term is about to expire.  In such a case, the tenant is required to vacate the premises at the expiration of the lease term [ i.e., the long-term permittee is permitted to remove the mobile home and private property is not taken by BOR unless there is a failure to timely remove the private property (forfeiture).] 
 
The issue in the Pleasure Cove situation is that BOR with the assistance of Forever Resorts is prematurely terminating the long-term permittees ability to continue renting sites on November 1, 2005.  BORever's unilateral action, based on the facts and applicable law, is illegal and must be stopped.  This is the legal battle that must be immediate