Bixby Family Letter To State Of South Carolina, Dec. 3, 2003
Arthur W. and Rita G. Bixby
Union Church Rd. PO Box 393
Abbeville, S.C. 29620
TO WHOM IT MAY CONCERN:
We are the Owners of property, (land and building) located on the corner of Union Church Road (also 72) and Horton Drive in Abbeville, S.C. Due to the proposed widening of 72, the state of South Carolina is attempting to confiscate, (through the Department of Transportation) a critical portion of our property, without paying for same. In violation of the Fifth Amendment, (BILL OF RIGHTS) Of the united States Of America: “…No person shall…be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.†In Particular, but not limited thereto.
Though the project has been planned and confirmed since at least the Fall of 1999, no-one from the Department has approached us as to their intentions concerning our property. When we talked to Clint Scovil (D.O.T.) at the information meetings in Calhoun Falls and Abbeville, he denied that any portion of our property would be required.
Wednesday, December 03rd , 2003 the construction workers started digging across Union Church Road to lay pipe, (breaking the Abbeville water line, in the process) they placed a stake on the corner of our property, signifying their intentions of digging there. We went out and told them they were on PRIVATE PROPERTY. The property is posted “NO TRESPASSING!†Where they intended to dig was going to block us from our driveway, permanently! This has been going on with other property owners throughout Abbeville. Some of the property owners were approached/contacted, reached a settlement, and have been paid, others have not been contacted, their property has merely been taken. In Violation of law and discrimination.
After we told the construction workers, they were not going to dig on our property, they apparently called Glen McCaffrey (D.O.T.) Abbeville. Since we have our property posted he sent the construction worker to ask us to go out, which we did. We informed him too that point NO-ONE from the State had approached us! We informed him of our Boundary Markers and that he was on PRIVATE PROPERTY. The markers are on the exact boundary, they are not referred to as off-set. Our front corner on the s/e is 27.5 Ft. into “72â€, on the s/w side the marker is 23.13 Ft. into Union Church Road, (the center line which goes out into “72†to the point previously referred to). The property was surveyed in 1996 and re-surveyed in May of 2000 for confirmation. Copies of these documents were presented to Glen McCaffrey.
Yesterday, December 04th, 2003, McCaffrey came back with some documents which he presented to us that the state received right-of-way to construct Union Church Road and “72†in 1960. The persons alleged to have given right-of-way was not the owner of our property, which is FRAUD! Was he threatened, coerced, intimidated into signing a document on property which he did not own? The person, who owned our property, purchased same, October 1959. Ten months and one day before the alleged right-of-way. Just prior to his leaving, McCaffrey retorted to us that the construction would continue and they were going to dig on our property, which means they intend to take the corner of our property, move the utilities back onto our driveway, thus eliminating our driveway. Our response: You will be on posted, private property and will be treated as such, to which he told us he would have the authorities, Sheriff here.
The military is scattered all over the world allegedly protecting our rights. Wrong! Not our RIGHTS, but for the theft of oil and land. While they are gone, the people are preoccupied with the safety of the military, government is quickly taking away the rights of the people. The military should be in this country defending OUR RIGHTS!
The United States Code, Title 18, sect. 241 – Conspiracy against rights of citizens: “If two or more persons conspire to injure, oppress, threaten, or intimidate any citizen in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the united States, or because of his having so exercised the same; …They shall be fined not more than $10,000 or imprisoned not more than ten years, or both; and if death results, they shall be subject to imprisonment for any term of years or for life.â€
The United States Code, Title 18, sec.242. Deprivation of rights under color of law; “Whoever, under color of law, statute, ordinance, regulation, or custom, willfully subjects any inhabitant of any State, territory, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the united States,….shall be fined not more than $1,000.00 or imprisoned not more than one year, or both; and if death results shall be subject to imprisoned for any term of years or for life.†But not limited thereto.
Patrick Henry, of Virginia, said: “Give Me Liberty Or Give Me Death. Death is not the worst of evils.â€
General, John Stark, of New Hampshire, said: “Live Free Or Die!â€
We the undersigned, echo those sentiments!
Sincerely,
(signature) Arthur W. Bixby
(signature) Rita G. Bixby
CC: To Numerous Persons
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