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Termite and Vine House
Home for Girls and Boys
Termite Vs Police Vs City Hall
the difference between criminal, case, and civil law...
07-03-13
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i quit sleeping and eating and batheing
TERMITE VERSUS POLICE
ON tuesday march 13th i met with Lt Williams,658-6xxx assistant commander for 5th distric precinct. I informed her that i was having trouble with police coming to my house and telling me i couldn't legally live there while my lawyer informed us we were in legal corporeal possession.
in particular:
adverse poss law
LSA R.S. 9:5633. That program guarantees the right to corporeally possess a blighted property after obtaining a mortgage and implies the right to corporeally possess the property to make repairs and improvements prior to obtaining a mortgage. Implied authority is a complete defense to a charge of criminal trespass. LSA-R.S. 14:63 § D.
one year of corporeal possession law
The Louisiana Court of Appeals has stated: “It is well settled that, even against the lawful owner, one who has been in possession of property for over one year has a cause of action to prevent an illegal disturbance of that possession and to recover damages resulting from such disturbance, and that, consequently in such actions title is not at issue . . . .” Loeblich v. Garnier, 113 So.2d 95, 98 (La. Ct. App. 1959) (citing Esmele v. Violet Trapping Co., 166 So. 477, Grant Timber & Mfg. Co. v. Gray, 60 So. 374). Such a possessor may protect his possession by injunction, even against the owner. Loeblich v. Garnier, 113 So.2d 95, 98 (La. Ct. App. 1959)
her reply was somthing like:
"but its not your house. you dont have a deed or lease."
and i was like, "but it is my house. thats what the law says"
cap'n :"but its not your houseuntill you by it... you arent the owner."
me :" i am in actual possession/corporeal possession of the property"
cap'n :"but its not your house !!!"
me: " i have all the rights to it."
and then she told me that
CAP'N WILLIAMS SAYS---
1.0 our research is civil law. not criminal. cops do not have sufficent training to deal with civil law. so the cops arrest people freely for tresspassing and let jail and the court figure it out. police arenot allowed to getin to civil law ish.
2.0 my assertion that we cant be charged for treepassing on grounds of over one year corporeal poss is "not true"
3.0 following the 3 year adverse possession program doesnt guaruntee eventual ownership.
she was nice though... s he toldme we seemed nice and gave me her contact info AND TOLD ME TO KEEP IN TOUCH AND that she appreciated people doing good, but theres no precedent to stop cops from arresting us if there are complaints from ANYONE. she also reffered me to orleans parish civil sheriff paul valteau and said we needed to go to the civil court for civil law.
TERMITE VERSUS CITY HALL
THE OFFICEOF orleans parish civil sheriff paul valteau IS AT CIVIL CORT ON THE 4RTH FLOOR. cheryl ledget was at reception desk. she took my documents and puzzeledover them untill she passed them to Pete Rizzo, attourny of the civil sheriff Paul R Valteau jr.
i showed him the documents and told him i needed protection from getting arrested for tresspassing in my own house. he explained it like this.
the orleans parish civil sheriff has the power to order the police to obey the (civil) law. but they do not initiate actions on complaints. INSTEAD WE MUST GO THROUGH THE LEGAL PROCEEDURE OF FILING AN INJUNCTION LAWSUIT OR IN THE CASEOF A PUBLIC AGENCY A QUO WARRENTO. ONCE we have filed our injunction we wait "not to long" and then our case is heard in court. we bring our secret legal team. we will win cuz we are right. then we have a fucking injunction against the cops busting us for tresspooassing.this is way better than my last plan of trying to get them to sympathise with us !!!
CITY HALL VERSUS COPS
this should actually work. once the police are ordered to leave us alone we can be happy free termites !!! it would be weird for this to get shot down cuz
1. adverse possession program is a program made by the city for the rehabilitation of blighted buildings... its a legal real program.
2. there isnt really anybuddy to appeal our corporeal possession. distant neighbours are not eligible.
in the mean time tho we are in a weird situation were we are still suceptible to arrest for tresspassing untill our trial goes down. lt williams said the residential $1 a month leases i drew up for termites are "not legal" cuz i have no deed or title or lease.
an anonymous individual in the civil sheriffs office suggested: get a certified copy of the mortgage certificate ($30) and the affadavit of intent and judgment and proof of no appeal, have it stamped officially at the notarial archive ($10) and try waving that at anyone who comes in.
however cops have said that they will run all claims to the property against whats in the board of assessors database. that means that if anyone claims to own the property, then they better have the same name as the dead guy or they will face tresspassing charges.
it also depends on wether we can win with just the 1 year corporeal poss law, or if we are better off waiting for 52 more days to elapse for us to have legal right to take corporeal possession based on the adverse poss program guidlines. in the case of the latter, then we could be kicked out untill may 5th. corporealpossession is a nice phrase. i have corporeal possession of termite castle.
ONE POSSIBLE PLAN is to wait to reoccupie termite untill after filing the injunction suite, but before trial date. we would stand a risk of getting evicted and told to fuck off untill after the court date but the prolly wouldnt come down to hard on us if it came to that. and we might be able to dodge eviction or charges by asserting the same thing that the cops will assert at us:that wether we own the property or not has not been decided yet
so to summerise what has been said so far:
WE ARE FILING AN INJUNCTION AGAINST THE COPS TO HAVE THE CIVIL COURT ORDER THEM TO NOT BUST OUR bbq ANYMORE
AND NO BREAKING IN TO THE HOUSE IN THE MIDDLE OF THE NIGHT EITHER!!
Also !
our lawyer is now searching for ways to make the cops stay off us in the criminal law books (not civil law). if that works wemight save some angst and energy.
[wtf ?!?]
the above sentence was typed like that cuz i am FALLING ASLEEP AT THE FUCKING COMPUTER RIGHT NOW !!! I BEEN AWAKE FOR 3 DAYS JUST DOING HOUSE STUFF AND RUNNING ARROUND GETTING FUCKED UP TO BLOW OFF STEAM. MY BRAIN IS RUNNING OUT OF MY FUCKING NOSE LIKE FUCKING WATERY SNOT !!!! I'M HALLUCINATING MY ASS OFF i keep tripping that i'm in termite or harrison house orin the underwater cave. i dont feel like it even heaves to know any more of them .
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Lt Kim W Lewis Williams,504 658-6050 assistant commander for 5th distric precinct
Pete Rizzo,504 523-6143 attourny of the civil sheriff Paul R Valteau jr
Lostetta (A. V.) Pukerella 504-621-1503
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please notice above that i have a cellphone now. its a peice of crap. only call me in utter emergencies, like if the MPs come though the ceiling on sky hooks or sumthing... and even then i'll take time to get back to you. I HAVE NO MINUTES !!!
the cellphone minutes i do have were bought by the Lollyfuck benefit show !!
we raised a total of $71 !
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70 minute phone card $21
mail thing $05
mortgage certificate $30
photocopies $05
the legal people say the injunction prolly wont cost much. we get nice eager bro-bono law student to bring with us too. :)
PS: i'm meeting with a sympathetic police officer who hearts the punks later this week...
stay tuned.
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Part 2
"The Great North Amerikan Squatocracy"
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