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Gold/Mining/Energy : Copper Fox
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To: specboy2012 who wrote (10130)4/15/2016 7:27:47 PM
From: louel  Read Replies (2) of 10654
 
The gold commissioner may or may not reverse the forfeiture. But that doesn't mean it would necessarily be over. The prospectors acquired it in a total legal manner. There for unless they agree with the return of the claims. They can take it all the way to the Supreme court to protect their interests.

Something most people don't realize is Governments can enact laws, statutes and legislation. But statutes or regulations, can be challenged all the way to the Supreme Court.

If the Supreme Court decision rules in favor of the plaintiff, because it would infringe on rights guaranteed under the Constitution or the Bill of Rights The law which was challenged must be removed from the books or at minimum modified to fit. and the charge dismissed.

After the Supreme Court makes their decision one way or another. All future cases regarding the same principal can then be decided by referring back to that original decision . If this type of reversal has never been challenged before they have a case.

The prospectors did nothing illegal To deny them their rightfully acquired property could well lead to a real court battle if the prospectors decide to do so. They would also then sue for costs as AMK did against TUO.


Neoflite Claims he is a Lawyer I'm sure he is aware of what I'm saying. A law is only truly a law after it has been challenged and supported by the courts.
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