Violation at Harpers Ferry

[Dignann]

While the forum was down, a little ugliness took place at Harpers Ferry.


Developers Illegally Bulldoze National Park Service Land At Harpers Ferry

Historic School House Ridge Battlefield at Harpers Ferry Violated This Past Weekend

For Immediate Release: 8/23/2006
Contact: Jim Campi (CWPT) 202-277-8560; Joy Oakes (NPCA) 202-454-3386

Harpers Ferry, W.Va. - The Civil War Preservation Trust (CWPT) and the National Parks Conservation Association (NPCA) issued a statement today in response to the illegal bulldozing of a portion of the Harpers Ferry National Historical Park this past weekend by a handful of local developers. Purposely and without permission, the developers dug a deep trench through historic land owned by the National Park Service and the American people.

“Beginning on the morning of August 19, 2006, a group of local developers moved heavy machinery and work crews onto the Harpers Ferry National Historical Park and proceeded to lay water and sewer pipes on historic land where Stonewall Jackson launched one of the most brilliant tactical triumphs of the Civil War,” said CWPT President James Lighthizer. “The developers had neither authority nor the permits necessary to do this.”

The purpose of the water and sewer line is to facilitate a planned development of approximately 3,400 houses proposed for construction both inside and adjacent to the Park Service boundary. To date, the developers have not received any local approvals necessary for this development to proceed.

“These developers knowingly and defiantly ignored federal laws regarding construction on public land,” said Joy Oakes, Senior NPCA Mid-Atlantic Regional Director. “Americans have a right to expect that land protected by the Park Service cannot be bulldozed outside of an orderly and legal review. We encourage federal and state law enforcement officials to pursue these violators to the fullest extent of the law.”

For several years, CWPT and NPCA have been leaders in an extraordinary and successful effort to protect historic lands at Harpers Ferry. With the support of local business owners, civil rights leaders, conservationists, history buffs, recreation enthusiasts, heritage tourism interests, and elected officials, Congress expanded the park’s boundary in 2004. Millions in federal grants as well as private funds have been raised to purchase land from willing sellers to add to the national park.

“We are horrified at this premeditated and unprecedented desecration of School House Ridge,” said Lighthizer. “For several years, CWPT and NPCA have been working with federal and state officials to protect this property. Last year CWPT appealed to our members to help raise the $1.5 million needed to acquire the site bulldozed this weekend for preservation. We are outraged, and expect immediate restitution from these developers.”

As the developers were running their bulldozers last weekend, hundreds gathered from across the country to participate in a National Park Service-hosted commemoration of the centennial of a meeting at Harpers Ferry in 1906 that laid the cornerstone of the modern-day civil rights movement.

CWPT is a 75,000-member nonprofit battlefield preservation organization. Its mission is to preserve our nation’s endangered Civil War sites and promote appreciation of these hallowed grounds. Over the years, CWPT has saved more than 23,000 acres of hallowed ground, including 325 acres on the Harpers Ferry Battlefield.

Since 1919, the nonpartisan NPCA has been the leading voice of the American people in protecting and enhancing our National Park System. NPCA, its 325,000 members, and partners work together to protect the park system and preserve our nation’s natural, historical, and cultural heritage for generations to come.

http://www.civilwar.org/PressReleases/PressDetail.asp?lngPressID=131

Eric

[Dignann]

Re: Violation at Harpers Ferry

Utility work at park concerns official, residents

by Dave McMillion

Hagerstown Herald-Mail
August 23, 2006

HARPERS FERRY, W.Va. - A controversy is brewing over the decision by a Jefferson County utility company to begin laying water and sewer lines through a section of Harpers Ferry National Historical Park while park officials were still reviewing a special permit for the work.

The laying of the lines through the School House Ridge area along U.S. 340 has resulted in a flurry of e-mails from people raising objections to the work, which went until 10 p.m. one night over the weekend, said Harpers Ferry National Historical Park Superintendent Donald Campbell.

Vicki Faulkner, a member of Friends of Harpers Ferry National Historical Park, believes workers did the work last weekend because they thought park rangers would be preoccupied with the 100th anniversary of the Niagara Movement in the park.

"They were little stinkers over the weekend," Faulkner said.

Charles Town attorney Mike Cassell, who is representing Jefferson Utilities, said Faulkner is "dead wrong."

In accordance with the National Environmental Policy Act of 1969 and the National Historic Preservation Act of 1966, the National Park Service was conducting a preliminary environmental analysis of the impacts to lay water and sewer lines across the property, which is also known as the Perry Orchard site, according to a community bulletin which the park distributed about the issue.

The land was turned over to the park as part of a recent boundary expansion for the park, Campbell said.

Although the park now owns the property, Jefferson Utilities at one point was able to obtain a 45-foot-wide easement on the property to install utility lines, the bulletin said.

Campbell said park officials were considering a special permit to allow Jefferson Utilities to do the work when Jefferson Utilities began installing water and sewer lines on the property last Friday. The work continued over the weekend and was done at times under lights and until 10 p.m. one evening, Campbell said.

People within the National Park Service have expressed concerns about the work and Campbell said his staff members have been talking with people in the U.S. Attorney's offices in Martinsburg, W.Va., and Wheeling, W.Va., and other officials about the matter.

Cassell defended his client's actions Tuesday and criticized the way the federal government has handled the issue.

Cassell said Jefferson Utilities was told that a decision on the special permit would be available by July 12. No decision was issued and Jefferson Utilities officials could not get any information about the status of the permit, Cassell said.

Cassell said the issue had been dragging for months and Jefferson Utilities was not going to wait another six months for a decision. Cassell said Jefferson Utilities was exercising its rights under the easement by doing the work over the weekend.

Cassell said his client was willing to stop the work if a stop work order could have been produced by the federal government, but one was not issued.

"We're not going to allow our clients to be bullied," Cassell said.

Cassell said because the federal government seemed to be mostly concerned about the use of explosives in the area, Jefferson Utilities used a special machine to dig trenches which grinds through rock instead of blasting it.

http://www.herald-mail.com/?module=displaystory&story_id=145452&format=html

Eric

[Dignann]

Re: Violation at Harpers Ferry

Groups say ultility work in park was not permitted

by Dave McMillion

Hagerstown Herald-Mail
August 24, 2006

HARPERS FERRY, W.VA. - The laying of water and sewer lines through a section of Harpers Ferry National Historical Park last weekend by a private utility company raised the ire of more park supporters Wednesday.

The Civil War Preservation Trust and the National Parks Conservation Association issued a joint news release criticizing the move, saying the construction was done "purposely and without permission."

"Americans have a right to expect that land protected by the Park Service cannot be bulldozed outside of an orderly and legal review," Joy Oakes, spokesman for the National Parks Conservation Association, said in the release.

James Lighthizer, president of the Civil War Preservation Trust, said members of his group were "horrified" over what happened.

"The developers had neither authority nor the permits necessary to do this," Lighthizer said in the release.

The Civil War Preservation Trust was involved in purchasing property in the School House Ridge area where the lines were laid and turning the land over to Harpers Ferry National Historical Park as part of an enlargement of the park.

The National Parks Conservation Association helped bring segments of the local community together in support of the boundary expansion, Oakes said.

In accordance with the National Environmental Policy Act of 1969 and the National Historic Preservation Act of 1966, the National Park Service was conducting a preliminary environmental analysis on a proposal by Jefferson Utilities to lay water and sewer lines across the property known as the Perry Orchard site, according to a community bulletin distributed by the park about the issue.

Although the park now owns the property, Jefferson Utilities at one point was able to obtain a 45-foot wide easement on the property to install utility lines, the bulletin said.

Park Superintendent Donald Campbell said park officials were considering a special permit to allow Jefferson Utilities to do the work when the company began installing water and sewer lines on the property last Friday. The work continued over the weekend and was done at times under lights and until 10 p.m. one night, Campbell said.

The laying of the lines resulted in a flurry of e-mails from people raising objections to the work, and Campbell said his staff have been consulting with U.S. Attorneys offices on how to proceed in the matter.

Campbell said Wednesday that National Park Service officials were still weighing their options and that nothing new had developed.

In an interview Tuesday, Charles Town attorney Mike Cassell, who is representing Jefferson Utilities, defended his client's actions and criticized the way the federal government has handled the issue.

Cassell said Jefferson Utilities was told that a decision on the special permit would be available by July 12. No decision was issued and Jefferson Utilities officials could not get any information about the status of the permit, Cassell said.

Cassell said the issue had been dragging for months and Jefferson Utilities was not going to wait another six months for a decision. Cassell said Jefferson Utilities was exercising its rights under the easement by laying the lines over the weekend.

The water and sewer lines were installed to facilitate planned residential development near the park, according to Wednesday's news release.

http://www.herald-mail.com/?module=displaystory&story_id=145524&format=html

Eric

[Dignann]

Re: Violation at Harpers Ferry

Lawyer says company had right to lay water, sewer lines

by Dave McMillion

Hagerstown Herald-Mail
August 25, 2006

HARPERS FERRY, W.VA. - Charles Town attorney Mike Cassell on Thursday outlined the legal documents that he believes gave his client, Jefferson Utilities, the right to lay water and sewer lines through a section of Harpers Ferry National Historical Park last weekend.

According to documents in the Jefferson County Clerk's Office obtained Thursday by The Herald-Mail, Jefferson Utilities would be allowed to "excavate for, lay (and) install" water and sewer lines in the School House Ridge area of the park under an easement agreement.

Although the easement agreement was drawn up between the former owner of the property and Jefferson Utilities, the rights were conveyed to Jefferson Utilities when the land was later acquired by the National Park Service, Cassell said.

A spokesman for the Civil War Preservation Trust dismissed Cassell's comments Thursday.

Civil War Preservation Trust spokesman Jim Campi asked that if Cassell was so sure of his client's legal standing, why the work to lay the lines occured over the weekend, and during the night at times, when there were no federal authorities around.

"That doesn't sound like the actions of an honest human being," Campi said.

The Civil War Preservation Trust purchased property in the School House Ridge area and turned it over to the park.

Jefferson Utilities laid about 2,000 feet of water and sewer lines on park property along U.S. 340 south of Harpers Ferry which is designed to serve about 179 homes in the Sheridan housing development near C.W. Shipley Elementary School, Cassell said.

The work has resulted in a flurry of e-mails from people raising objections.

James Lighthizer, president of the Civil War Preservation Trust, said members of his group were horrified over the construction and Joy Oakes said Americans have a right to expect that land protected by the National Park Service cannot be bulldozed without an orderly review.

Oakes is spokeswoman for the National Parks Conservation Association, which helped bring segments of the local community together in support of an expansion of the park which included School House Ridge.

Park Superintendent Donald Campbell said Jefferson Utilities needed a special permit to lay the water and sewer lines. Park officials were considering the permit when Jefferson Utilities began installing water and sewer lines on the property last Friday. The work continued over the weekend and was done at times under lights and until 10 p.m. one night, Campbell said.

Campbell said his staff has been consulting with U.S. Attorneys offices in Martinsburg, W.Va., and Wheeling, W.Va., and other federal officials on how to proceed in the matter.

School House Ridge is where Confederate Gen. Stonewall Jackson oversaw the capture of 12,500 troops in 1862, the largest capture in the Civil War.

It remained the largest military capture until World War II, Civil War experts said.

School House Ridge is considered to be the most significant battlefield in West Virginia because 37,000 troops were involved in Jackson's siege, Civil War experts say.

No other West Virginia battle involved that many troops.

Cassell questioned Thursday how historic the ground was where the water and sewer lines were laid. Cassell said the area where the lines were laid was where 14 feet of dirt was excavated to create the foundation for the four-lane U.S. 340 when it was being built in the 1970s.

"I'm not sure how the historians have missed that fact. They are not telling people about that," Cassell said.

A man was cited Wednesday evening for using a metal detector to relic hunt in the dirt that was dug up for the water and sewer lines, Campbell said Thursday.

Campbell said the man found a Civil War artifact, although he did not have additional details.

"This is precisely why a permit is required," Campi said.


For more information

The Civil War Preservation Trust and the National Parks Conservation Association issued a statement this week in response to the decision by Jefferson Utilities, a private utility company, to lay water and sewer lines through a section of Harpers Ferry National Historical Park.

For a copy of the joint statement, go to http://www.civilwar.org/PressRelease...lngPressID=131

For a map showing the water and sewer lines installed on park land, go to http://www.civilwar.org/news/append/harpersferrymap.pdf

For the latest news on battlefield preservation, visit CWPT's online newsroom at http://www.civilwar.org/news/

http://www.herald-mail.com/?module=displaystory&story_id=145621&format=html

Eric

[Busterbuttonboy]

Re: Violation at Harpers Ferry

All
If anyone would like an electronic version of the CWPT petition i have it available. I could not attach it here but may be able to e-mail it out to you.
Most Respectfully
Drew Gruber
dgreb2@aol.com

[Chris Suppelsa]

Re: Violation at Harpers Ferry

please send it to me so I can forward it to my unit

csuppelsa@sbcglobal.net

[Bummer]

Re: Violation at Harpers Ferry

I wonder what the relic hunter community thinks about all this. Use your old army e-tool and take a shovelful for that minieball, and 'go to jail'....
The lesson here is use a backhoe (and a lawyer) instead, then it seems it's all right.
Go figure....

Spence Waldron~

[65thgainf]

Re: Violation at Harpers Ferry

Yes Sir, I'm a relic hunter. I read where a guy was visiting a national park. He looked down and spotted and arrow head. Just out of instinct he reached down, picked it up and put it in his pocket. A ranger witnessed it and arrested the guy. No digging or anything. I have often thought about filling a jar with dirt from each battlefield I visit. I was too scared to even do that at G'burg.

Jerry Holmes

I wonder what the relic hunter community thinks about all this. Use your old army e-tool and take a shovelful for that minieball, and 'go to jail'....
The lesson here is use a backhoe (and a lawyer) instead, then it seems it's all right.
Go figure....

Spence Waldron~

[Dignann]

Re: Violation at Harpers Ferry

The law is pretty clear, no unauthorized digging or taking of artifacts from federal lands, even if they're found laying on the ground.

I don't think that the NPS views the violation at Harpers Ferry as "all right." The NPS probably did not arrest the contractors or stop the excavation because at that moment they were likely unsure of their rights under the conditions of the easement. The NPS does not advertise crimes during an on-going investigation, unless they need help solving them and this incident is still being investigated. The lawyers will probably tie this one up for some time, but I don't think the violators will get off without some punishment.

Eric

[Bummer]

Re: Violation at Harpers Ferry

Devil's advocate here.
I think the contractor may well be within his rights. The Law states (generally) that one cannot convey (sell, trade, give, etc.) more than one owns. The original land owner conveyed the easement in return for some valid consideration (money, trade objects, 'love and affection', or some other 'value') therefore he then continued to own 'encumbered' property.
Later he sells it to the Civil War Trust--but can only sell it with the encumberances (almost always worth less than 'fee simple' ownership).
Civil War trust conveys the property (encumbered, because one cannot convey more than one owns) to the NPS. The encumbering easement still exists unless the NPS places 'emminent domain' on the property--I'm not sure wheather they can do this easily, but by implyed action--the looking into the permit--they acknowlege that such an easment exists--which rules out emminent domain...at least prima facie (first 'look').
A holder of an easement (or any 'purchased value') has a right to expect reasonable enjoyment of his value within a reasonable time--unless agreed upon at purchase. The NPS said that they would have their determination study done at or about July, if I remember reading correctly.
This was not done--a malfeasance by the NPS, so the developer decided to go for it and let the dust fall where it may later on, because in his eye time is most definitely money.
Therefore I think we may very well be disappointed and dishearted by the way the dust will eventually settle in this one.

Spence Waldron,
Third year law school dropout (many years ago).

[unclefrank]

Re: Violation at Harpers Ferry

As any of you people with legal training well know, this will all depend on the opinion of a judge. Who knows, we may get lucky and the contractors will get slam dunked. :baring_te

[Dignann]

Re: Violation at Harpers Ferry

Therefore I think we may very well be disappointed and dishearted by the way the dust will eventually settle in this one.

Which is why the lawyers and perhaps a court will have to unravel this. I guess I should have said if he is found guilty of violating federal laws or regulations, he won't get off without some punishment. Either way, it probably won't be settled anytime soon.

Eric

[mtvernon]

Re: Violation at Harpers Ferry

Should newly-minted Secretary Kempthorne ought to be brought in to this?

http://www.authentic-campaigner.com/forum/showthread.php?t=6868

[rbrewer]

Re: Violation at Harpers Ferry

Here is a link to another NPS property having problems with developers/priorities.

http://www.savethecanal.org/pdf_files/factsheet.pdf

Sincerely
Bob Brewer

[Hargis, G. 5 A-1]

Re: Violation at Harpers Ferry

To my decidedly un-legal way of thinking, the ideal solution now would have the parties responsible for this repugnant act restore the land to status quo ante using only 1862 technology whilst they sweat out the pick and shovel work clad in proper period attire.