• Battle Over Home Becomes Center of Forfeiture Law Debacle

    The Fred family home in Carson City has become a symbol of legal contention.

    The home, purchased by Elvin Fred in 2012, provided shelter to family members grappling with homelessness for several years. However, today, it stands empty and uninhabitable.

    Between 2019 and 2022, Nevada exercised its authority under asset forfeiture laws, enabling law enforcement to seize private property it believed linked to criminal activities.

    Elvin Fred, now 41, received a life sentence with the possibility of parole in 2015 on a drug trafficking charge. Law enforcement officials reportedly discovered methamphetamine, firearms, and cash within the premises, as detailed in the forfeiture application.

    Following a court victory in March 2022, the family regained the home. However, it bore no resemblance to the abode that had once provided sanctuary for at least six individuals.

    Mold blanketed the walls, a ceiling fan had succumbed to moisture-induced warping, and signs of animal presence were evident on the floors. Furniture and a television lay abandoned in the backyard.

    Despite reclaiming ownership, the Fred family faces a persistent challenge from the state, which continues to seek control of the property, while waiting for a decision from the Nevada supreme Court, whose chambers in Carson City are a mere three miles from the disputed residence.

    The forfeiture process, distinct from the initial criminal sentencing, is a civil proceeding. The Fred family’s legal team contends that this violates Nevada’s double jeopardy law, which prohibits multiple criminal penalties for the same offense.

    Conversely, the government asserts that the court should apply a two-part test from a precedent set by the U.S. supreme Court stating that civil forfeitures do not constitute a punishment under the U.S. Constitution, justifying their use in the state system.

    A favorable outcome for the Freds could represent a pivotal development in forfeiture law as a form of criminal punishment rather than a civil process. It could grant Nevadans the right to legal representation throughout such proceedings.

    Many forfeitures go uncontested due to the financial burden of hiring legal counsel, especially when the seized amount is less than the cost of legal representation.

  • This is a Listening Post

    Sitting in my usual spot at the Tahoe House in Virginia City, I was talking with a lovely couple from Oregon.

    Laughing and joking as we enjoyed our beverages, she scolded her husband about how, after more than 15 years of marriage, he still looks at her boobs when she’s talking to him. She turned to me for confirmation.

    “I’m sorry,” I said. “I wasn’t listening? Can you repeat the question?”

    The three of us laughed.

    Then she said, “You know what I mean, men will stare at a woman’s breasts instead of listening to them, right?”

    I leaned forward and placed my right ear against her left breast.

    “What are you doing?” she exclaimed.

    “I’m listening,” I answered.

    The husband blew beer out his nose, choked as he laughed, and nearly fell off his stool. She playfully slugged me on the shoulder.

  • Blockchains Water Rights Dispute Continues

    In the lead-up to the 2021 legislative session, Blockchains Inc. planned to present a proposition to Nevada lawmakers, a bid to establish a self-contained municipality, or Innovation Zone, within Storey County.

    Holding an extensive landholdings portfolio, including approximately 67,000 acres in the Tahoe Reno Industrial Center (TRIC,) the company’s vision for a city in the high desert faced a significant hurdle in securing access to water.

    To address this, Blockchains made a discreet acquisition of water rights, valued at approximately $35 million, hundreds of miles from its designated land.

    However, implementing a pipeline to transport the water across a region encompassing the Pyramid Lake Paiute Tribal reservation and the Black Rock Desert presented formidable permitting challenges, including opposition from environmental groups and rural communities.

    Amid these complexities, a title dispute emerged in 2021, ultimately leading the company to file a lawsuit against Nevada for non-recognition of its water rights ownership. By September 2021, Blockchains formally withdrew its “smart city” proposal—a project initially endorsed by then-Governor Steve Sisolak in his State of the State address.

    Undeterred by the setback to its city plans, Blockchains focused on persuading state water regulators to acknowledge its ownership of the water purchased from Sonterra Development Company in 2020. However, in December 2021, the Division of Water Resources rejected Blockchains’ attempt to officially transfer the water into its name due to objections from another stakeholder, Granite Investment Group LLC.

    Granite Investment Group LLC placed an encumbrance on the water rights, highlighting a conflict in the chain of title, leading to the Division of Water Resources’ intervention and eventual rejection of Blockchains’ ownership transfer. Former Deputy State Engineer Micheline Fairbank said he would take no further action until a “final resolution of the conflict has occurred,” meaning that, despite the substantial investment in water rights, Blockchains could not utilize the resource.

    Subsequently, Blockchains took legal action against Nevada to address the impasse. Last month, Washoe County District Court Judge Kathleen Drakulich affirmed the rejection, underscoring the need for Blockchains to secure approval of the conveyance documents for official ownership status.

    Drakulich’s ruling affirmed Nevada’s role in flagging conflicts in the chain of title, thereby upholding the rejection of Blockchains’ request for ownership recognition, concluding that the state engineer’s actions were within appropriate bounds.

  • Fire Erupts at Mound House Brothel, No Injuries Reported

    A blaze broke out at the Kit Kat Ranch brothel in Mound House, just off Highway 50 East, with no injuries after employees reported hearing popping noises preceding the fire.

    On Thursday, September 14, around 6 p.m., witnesses observed thick smoke billowing from the Kit Kat Ranch, prompting a response from the Central Lyon County Fire Protection District, the East Fork Fire Protection District, and the Carson City Fire Department. Upon arrival, crews found the building engulfed, with flames rapidly advancing into several false ceilings, allowing the fire to extend into the attic and infiltrate the HVAC system.

    Nine individuals were on-site when the fire ignited and safely escaped the premises. No patrons were present during the incident.

    One sex worker, trying to calm her co-worker’s nerves, quipped, “Adds new meaning to ‘firehose, don’t it?’”

    Firefighters initially entered through the front entrance with hoses, preventing the fire from reaching the roof. However, the flames eventually breached the attic.

    By around 8:45 p.m., crews had quenched the fire, though some interior flames and substantial smoke persisted. They also undertook efforts to open up the building for thorough assessment.

    The structure sustained extensive damage during the incident. The cause of the fire remains under investigation, and authorities returned to the brothel the following day to determine its origin.

  • Venue Change Granted in Washoe County Election Lawsuit

    Washoe County resident Robert Beadles has secured a change of venue for his election lawsuit against Washoe County, a decision handed down by Judge Kathleen Drakulich.

    The case will now be heard in Carson City First Judicial District Court, diverging from his request for Lyon County. The judge determined that a venue change was necessary due to extensive media coverage and the likelihood that jurors would be familiar with the involved parties, all of whom hold public positions, including Washoe County Registrar of Voters Jamie Rodriguez, Manager Eric Brown, and Commission Chair Alexis Hill.

    Beadles alleges insufficient responses from the defendants regarding his concerns about Washoe County election practices, violated his rights, and Nevada law. The suit includes the removal of Rodriguez, Brown, and Hill from their positions, returning to paper ballots for all elections, and punitive damages, among other relief claims.

    Beadles submitted approximately 150 exhibits for court review to support his assertions. The exhibits, he argues, provide evidence of “gross inaccuracies and improper maintenance of voter rolls,” as well as voting machines that allegedly tampered with intended votes, improper signature verification, and other irregularities, all of which he claims compromised the fairness of county elections.

    Earlier this year, the Washoe County District Attorney’s office dismissed the case, calling it a “conspiracy theorist’s wishlist,” claiming the objectives involve removing dissenting voices, exerting control over election procedures, and challenging election laws inconsistent with the Nevada legal system. The D.A. also sought sanctions against Beadles, condemning his use of the judicial system for what it deemed as unfounded claims and harassment tactics.

    Beadles pursued a change of venue because obtaining an impartial trial in Washoe County was improbable, arguing that the D.A. and the media created an environment that suggested a potential “trial by ambush.” He further contended that judges and court clerks had professional and personal affiliations with the defendants, raising concerns about impartiality.

    Drakulich applied a five-factor test and concluded that two factors, pretrial publicity, and familiarity, were applicable. Ultimately, Drakulich selected the Carson City court for convenience to all parties, including potential witnesses.

    The courts in Carson City have twice decided against or denied Petioner’s claims of malfeasance in November and December 2020, saying there was no evidence of voter fraud both times, meaning Drakulich has assigned it to failure even before the judge’s hammer drops.

  • Changes Looming in the Nevada Assembly, Questions of Conflict-of-Interests Arise

    Five members of the Nevada Assembly have declared that they will not be seeking reelection in 2024, signaling a shakeup in the state’s political landscape.

    Clara Thomas and Angie Taylor have announced their bids for state Senate positions. Thomas, who represents Assembly District 1 (AD-1), and Taylor, who represents AD-27, seek to transition to the upper chamber of the Nevada Legislature.

    Thomas officially declared her candidacy for Senate District 1 during the 67th Constitutional Convention of the AFL-CIO. This announcement followed Senator Pat Spearman’s terming out, opening up a critical seat in the state Senate.

    The Nevada Assembly Democratic Caucus (NADC) also confirmed that Lesley Cohen, who has represented AD-29, will not be pursuing reelection in 2024. Meanwhile, Sabra Newby, appointed to District 10, succeeding Assemblywoman Rochelle Nguyen after Nguyen’s appointment to the state Senate representing District 3, is set to take on the role of Deputy City Manager for the City of Las Vegas, necessitating her resignation from the Assembly.

    Perhaps the most closely watched departure is Michelle Gorelow from Assembly District 35, who narrowly secured her seat by a margin of just 400 votes out of over 25,000 cast, has decided not to seek reelection. Her decision comes on the heels of accepting a position as the director of the nonprofit organization Arc of Nevada.

    Gorelow’s move to lead Arc of Nevada has raised some eyebrows, especially in light of her recent vote for AB525, which directed $100 million towards various nonprofits, including Arc, which received $250,000. Adding to the conflict is Tracy Brown-May (AD-42), who serves on the board of Arc and voted to approve the appropriation without disclosing her association with the organization.

    Also exposed is Democratic Assemblyman C.H. Miller (AD-7), who failed to disclose his hiring as the President and CEO of the Urban Chamber of Commerce before voting to appropriate $100,000 on behalf of the organization. Assemblywoman Venicia Considine (AD-18) is yet another legislator who voted in favor of bills directing over $4,250,000 to the Legal Aid Center of Southern Nevada, where she works as Director of Development and Community Relations.

    Then there is Assembly Speaker Steven Yeager, who voted for a $2,000,000 allocation to HopeLink of Southern Nevada. The organization’s board chair is Scot Rutledge, who assumed the leadership role for the nonprofit in 2021 and is a paid lobbyist for them.

    Rutledge is also a partner and lobbyist for Argentum partners. In 2021, Rutledge lobbied and worked closely with Yeager on cannabis legislation signed by former Nevada Governor Sisolak, where, according to social media, the pair maintain a friendship outside of the halls of Carson City.

  • Embracing Mistakes

    Mistakes are an inevitable part of the human experience. They have the potential to shape our lives, but only if we grant them that authority. In reality, mistakes are opportunities for growth and learning.

    They do not define us unless we allow them to. This essay explores the profound notion that, when approached with the correct perspective, mistakes can be invaluable stepping stones towards personal development and self-improvement.

    Mistakes serve as poignant reminders of our imperfections. They humble us, reminding us that we are all fallible beings on a continuous journey of self-discovery. By admitting our mistakes, we embrace the reality that growth and improvement are ongoing processes.

    It is our interpretation of mistakes that ultimately determines their impact. Viewing them as failures or setbacks can lead to self-doubt and stagnation. However, recognizing them as valuable learning experiences empowers us to extract wisdom and strength from every misstep.

    When we internalize the idea that mistakes hold transformative potential, we shift the narrative from one of defeat to one of empowerment. It becomes a conscious choice to extract meaning and growth from every error, refusing to let them define us.

    Acknowledging mistakes without allowing them to define us grants us the freedom to evolve. We are not prisoners of our past actions but rather architects of our future selves. Each mistake is a pivot point, an opportunity to chart a new course and redefine our narrative.

    Embracing mistakes requires resilience. It demands that we confront our errors with courage and resolve, extracting the lessons they offer. This resilience becomes a cornerstone of personal growth, allowing us to face challenges head-on, knowing we can rise above them.

    Growth is not a destination but a lifelong journey. Embracing mistakes means recognizing that there will always be room for improvement. It is a commitment to self-discovery, self-improvement, and a willingness to face new challenges with an open heart and a resilient spirit.

  • Transported from 1960

    Imagine waking up in a world vastly different from the one you knew. For someone transported through time from 1960, the technological advancements and societal changes of 2023 would be nothing short of astonishing.

    Let’s take a journey through time and explore what would be the most surprising aspects of this brave new world:

    Imagine a pocket-sized device capable of instant global communication or having a wealth of knowledge at your fingertips through the internet. The prevalence of personal computers and laptops, along with the power and capabilities of modern computing, would seem like a technological marvel compared to the limited resources of the 1960s.

    Entertainment, streaming services, online gaming, and digital options would be a world away from the limited TV channels, radio stations, and physical media options of the 1960s. Transportation would also be a marvel, with electric cars, self-driving technology, and the concept of ride-sharing services like Uber and Lyft revolutionizing how we get around.

    The incredible progress in medical technology, treatments, surgical techniques, and the development of vaccines for various diseases would be awe-inspiring compared to the medical landscape of the 1960s. Then there is the emphasis on environmental sustainability, renewable energy sources, and efforts to combat climate change, which would likely be a surprising and welcome development for our time traveler.

    The leaps and bounds in space exploration, from landing a man on the moon in 1969, missions to Mars and beyond, and the rise of private space companies, would be a monumental change from the early days of space exploration in the 1960s. Our interconnectivity of the world through trade, communication, and travel would contrast with the more divided world of the 1960s.

    Top this off with advancements in civil rights, LGBTQ+ rights, gender equality, and changing cultural norms and values would be significant, reflecting the evolving social landscape over the decades. But it would be a war they’d understand the best, as it is still and always will be the death and destruction of humanity.

    Stepping out of a time machine and into 2023 would be a mind-bending experience for someone from 1960. The astonishing technological, societal, and cultural changes over the past six decades would leave them in awe of the world we now call home.

  • Allegory of the Squatter

    My narrative begins casually enough with a passive thumbing of J. Willard Hurst’s Law and the “Conditions of Freedom in the Nineteenth Century United States,” published in 1956. I picked it up at the used bookstore and leafed through the first chapter but did not purchase the volume because I am between.

    As I drove home, with the chapter’s opening roaming around the passages of my mind, I began to think, and it started me recollecting Mark Twain’s first published short story. Once home, I did a quick Internet search and found the first chapter, “The Release of Energy.”

    One day, in February of 1836, in the scarce born village of Pike Creek on the southeastern Wisconsin shore of Lake Michigan, Jason Lathrop – Baptist Minister, school teacher, boarding house proprietor, and civic leader — set up on a stump a rude press of his own construction and with ink, which he had made himself printed a handbill setting for the record of the organization meeting of “The Pike River Claimant’s Union… for the attainment and security of titles to claims on Government lands.

    The settlers whose union this was had begun to move into the lands about Pike Creek beginning in the summer of 1835. They were squatters; put less sympathetically, they were trespassers. 

    They might not lawfully come upon the lands before the federal survey was made, and this was not completed in this area until about February 1, 1836; they might not have made formal entry and buy until the President proclaimed the sale day, and Presidents Jackson and Van Buren withheld proclaiming these newly surveyed lands until 1839; they might not establish claims by pre-emption, for the existing pre-emption law expired by limitation in June 1836, and was not immediately renewed because of objections to speculator’s abuse. These were formidable legal obstacles.

    The passage describes how the settlers set up a “government” using elected officials to resolve conflicts between its members since the United States government did not recognize their presence in the frontier. From this, I gathered squatters were not necessarily lawbreakers.

    Mark Twain, still Sam Clemens at 18, wrote his first published short story, The Dandy Frightening the Squatter, in 1852.

    “About thirteen years ago, when the now flourishing young city of Hannibal, on the Mississippi River, was but a “wood-yard,” surrounded by a few huts, belonging to some hardy “squatters,” and such a thing as a steamboat was considered quite a sight, the following incident occurred:

    A tall, brawny woodsman stood leaning against a tree which stood upon the bank of the river, gazing at some approaching object, which our readers would easily have discovered to be a steamboat. About half an hour elapsed, and the boat was moored, and the hands busily engaged in taking on wood.

    Now among the many passengers on this boat, both male and female, was a spruce young dandy, with a killing mustache, &c., who seemed bent on making an impression upon the hearts of the young ladies on board, and to do this, he thought he must perform some heroic deed. Observing our squatter friend, he imagined this to be a fine opportunity to bring himself into notice; so, stepping into the cabin, he said:

    “Ladies, if you wish to enjoy a good laugh, step out on the guards. I intend to frighten that gentleman into fits who stands on the bank.”

    The ladies complied with the request, and our dandy drew from his bosom a formidable-looking bowie knife and thrust it into his belt; then, taking a large horse pistol in each hand, he seemed satisfied that all was right. Thus equipped, he strode on shore, with an air which seemed to say “The hopes of a nation depend on me.” Marching up to the woodsman, he exclaimed:

    “Found you at last, have I? You are the very man I’ve been looking for these three weeks! Say your prayers!” he continued, presenting his pistols, “You’ll make a capital barn door, and I shall drill the key- hole myself!”

    The squatter calmly surveyed him a moment, and then, drawing back a step, he planted his huge fist directly between the eyes of his astonished antagonist, who, in a moment, was floundering in the turbid waters of the Mississippi.

    Every passenger on the boat had by this time collected on the guards, and the shout that now went up from the crowd speedily restored the crest-fallen hero to his senses, and, as he was sneaking off towards the boat, was thus accosted by his conqueror:

    “I say, yeou, next time yeou come around drillin’ keyholes, don’t forget yer old acquaintances!”

    The ladies unanimously voted the knife and pistols to the victor.”

    Between the two shorts, it caused me to realize that our Dandy represents an ordered society. He has two pistols and a knife that enables order but engages in creating disorder.

    Our squatter seems complacent, even passive, when confronted by our Dandy. But, when faced with running away or maintaining his rights, he meets violence with violence.

    Next, our Dandy demonstrates his belief in power and authority in his nonsensical words. After all, when has a barn door required a keyhole?

    Our Squatter’s words, on the other hand, remind our Dandy not to tread on other’s rights without the rule of law. Thus, having won at the city slicker’s game, the Squatter’s character shows the importance of honesty and justice prevailing.

    Finally, there is an allegory between the writings referencing the 1830s and today, showing Twain was far ahead of his time.

  • Lyon County Commissioners Finally Address Concerns Over Truckee Canal Project

    During the Lyon County Board of County Commissioners meeting on Thursday, September 7, David H. Rigdon, representing the City of Fernley, delivered a presentation on the U.S. Bureau of Reclamation’s Truckee Canal project, covering the potential impacts of the project and provided an update on associated litigation.

    In 2020, the Bureau of Reclamation completed an Environmental Impact Statement and Record of Decision, which recommended lining the entire 12.7-mile canal with a combination of geomembrane and concrete liner in a phased approach. The initial phase will involve lining approximately 3.5 miles of the waterway at an estimated cost of $35 million.

    The Truckee Canal Irrigation District (TCID) contracted with the Bureau of Reclamation to fund the project, which entails water rights users to repay for the project costs over 50 years, resulting in assessments being imposed on water rights holders to cover their share of the project obligations. Over the next half-century, Fernley will bear an estimated $2.5 million in assessments for the project.

    Rigdon emphasized that the project will affect residents and businesses because of less water absorption from the canal into the groundwater system. An independent study commissioned by Fernley projected significant impacts over 40 years, indicating water levels could drop by up to 90 feet and that 71 percent of domestic wells in the area may face failure.

    Lyon County Commissioners voted to instruct staff to collaborate with the Fernley in drafting a resolution expressing support for the City’s stance on the project. Additionally, they requested staff to provide further recommendations and to extend an invitation to the Bureau of Reclamation to present their perspective at a future Board of County Commissioners meeting.

    Attorneys will try to reach an agreement during a settlement conference set for Tuesday, October 17.