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Sounds like a typical person that moves in an area, and doesn't like the way thing are going there.
Forest Access Dispute: Starr Valley man jailed in battle over easement
By MARIANNE KOBAK - Staff Writer
Tuesday, August 15, 2006 1:58 PM PDT
ELKO — A brief stint in jail may convince a Starr Valley man to allow his neighbors access to their easement, which leads to the Humboldt National Forest. Then again, it might not.
Former U.S. Bureau of Land Management district manager Jim Currivan was booked into the Elko County Jail Monday to serve a 10-day sentence.
Currivan and his wife, Theresa, purchased 3,500 acres in 1995, knowing their neighbors had legal easements that gave them access to the forest. The Currivans claimed in a lawsuit their neighbors abused the easements by allowing several other people to use them and by littering and destroying habitat while crossing their property.
In his 2003 decision, District Judge Dan Papez of Nevada's 7th Judicial District said Currivan "intentionally and unreasonably interfered with the use" of the easement and engaged in "a civil conspiracy to the detriment of the defendants' rights to use and enjoy the easement."
Papez issued a permanent injunction against the Currivans but they have reportedly continued to interfere with their neighbor's access.
Senior District Judge Norman Robison of Gardnerville ruled Friday the Currivans were in contempt of court.
Jim Currivan was ordered to pay $500 and to serve 25 days in jail. Fifteen days were suspended, so long as there are no future violations. Theresa Currivan was ordered to pay a $500 fine and to serve 25 days in jail but her sentence was suspended.
Robison also said the couple has 60 days to complete the installation of gates at the three locations where gates are not presently installed and to comply with Papez's findings.
"We have these easement rights and they have tried to steal them from us in every shape or form," said Mike Gerber, one of the Currivans' neighbors.
The Currivans were unavailable for comment.
This case had one of the largest bonds attached to it in the history of the county, according to Elko County Treasurer Ceasar Salicchi.
Property owners who appeal a land case court decision must post a bond. The court determines the amount and the Currivans had to post $237,000, a portion of which was disbursed to the plaintiffs when they prevailed at trial.
"This is the largest I've ever seen," Salicchi said.
Such bonds are "not common," but they're not exactly rare, either. This is because property law is well established, having gone back to England's common law prior to the colonies.
Forest Access Dispute: Starr Valley man jailed in battle over easement
By MARIANNE KOBAK - Staff Writer
Tuesday, August 15, 2006 1:58 PM PDT
ELKO — A brief stint in jail may convince a Starr Valley man to allow his neighbors access to their easement, which leads to the Humboldt National Forest. Then again, it might not.
Former U.S. Bureau of Land Management district manager Jim Currivan was booked into the Elko County Jail Monday to serve a 10-day sentence.
Currivan and his wife, Theresa, purchased 3,500 acres in 1995, knowing their neighbors had legal easements that gave them access to the forest. The Currivans claimed in a lawsuit their neighbors abused the easements by allowing several other people to use them and by littering and destroying habitat while crossing their property.
In his 2003 decision, District Judge Dan Papez of Nevada's 7th Judicial District said Currivan "intentionally and unreasonably interfered with the use" of the easement and engaged in "a civil conspiracy to the detriment of the defendants' rights to use and enjoy the easement."
Papez issued a permanent injunction against the Currivans but they have reportedly continued to interfere with their neighbor's access.
Senior District Judge Norman Robison of Gardnerville ruled Friday the Currivans were in contempt of court.
Jim Currivan was ordered to pay $500 and to serve 25 days in jail. Fifteen days were suspended, so long as there are no future violations. Theresa Currivan was ordered to pay a $500 fine and to serve 25 days in jail but her sentence was suspended.
Robison also said the couple has 60 days to complete the installation of gates at the three locations where gates are not presently installed and to comply with Papez's findings.
"We have these easement rights and they have tried to steal them from us in every shape or form," said Mike Gerber, one of the Currivans' neighbors.
The Currivans were unavailable for comment.
This case had one of the largest bonds attached to it in the history of the county, according to Elko County Treasurer Ceasar Salicchi.
Property owners who appeal a land case court decision must post a bond. The court determines the amount and the Currivans had to post $237,000, a portion of which was disbursed to the plaintiffs when they prevailed at trial.
"This is the largest I've ever seen," Salicchi said.
Such bonds are "not common," but they're not exactly rare, either. This is because property law is well established, having gone back to England's common law prior to the colonies.
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