Fabled Silver Gold Corp T.FCO

Road access and Judge Hearndon's ruling

[pcnisbet]

In the ruling on access for FCO over the patented ground, Judge Hearndon granted FCO full access. What he required in his ruling to comply with the mine access provisions was that FCO be allowed to use the current road unmodified. Further, when FCO begins extractive minerals operations and requires modification of the access route, they may do so by coming to a term with the holders of the property to justly compensate them for any damages they may incur through the resisting of the road. The two parties were told to come up with a plan for such compensation and that if they failed to come to terms, the judge would rule on his own setting what was owed for changing the route. That ruling is consistent with the statute on eminent domain for mine access under Idaho law that Baird Hanson took the case to court using. Modifying the existing road is a compensable taking, while traffic on that road in a mining area is not. So claiming that FCO does not have mine access is clearly BS. They have mine access if they do not modify the road and they have rights to modify it if they are willing to pay for the lose that modification will entail.