7/18/05

Dear Editor,

Notice how hot the topic of “Eminent Domain” is now that the Supreme Court has ruled that it is legal for government to take property from one citizen and give it to another citizen that can show hopes of a better profit on it. Now all the politicians and “representatives” of the people are running around making a thousand more laws limiting the use of “Eminent Domain” to try to make the people feel more secure and get their vote of course.

Just think what could have been done if the TV, newspapers, magazines, etc. would have covered the story while it was in court? The outcry of public opinion could have impacted their representatives and the court while it was in process. But instead of people being informed of the US Supreme Court Kelo v. City of New London case that impacted 200 million Americans directly, they only knew the Michael Jackson child molestation case that affected maybe six people on the whole planet.

It was the American media that knowingly allowed this travesty to occur while they purposely kept the people fast asleep with the Jackson case. How can I say this? I know Kelo, and others, who sued the city of New London attempted to spread that news far and wide while it was in court and it went nowhere. I know this because I am in the same position as Kelo was. I am suing the State of Texas for destroying several types of my property and refusing to pay for it as required under Art 1 Sec 2, 13, 17, 19, 29 of the Texas Constitution. The attorneys for the state have had my case unlawfully dismissed before a trial could be held based upon their “presumed absolute sovereign immunity” to kill the citizens and steal and destroy all their property “unless waived by congressional resolution” that I should obtain or by “statute, namely the Texas Tort Claims Act of 1969” where the state waived a very limited amount of this “presumed absolute sovereign immunity.”

The source of “sovereign immunity” in Texas is a “presumption” made in the 1847 Supreme Court of Texas Hosner v. DeYoung case, where the court said the citizen cannot sue the state without its permission. The Hosner court did not cite a single statute, case or constitutional provision to justify this “presumption.” The root of this “presumption” rests in ancient monarchial common law that said the “king can do no wrong,” because he owns all the lives, liberties and possessions of the “subjects” and can harm them without recourse in “his” court. This error was soundly refuted over 350 years ago in Europe and defeated both politically and militarily at the end of the American Revolution.

I have appealed my dismissal to the Fourth Court of Appeals where they refused to acknowledge my exhaustive proof that “sovereign immunity” is unconstitutional and incurable in Texas. I filed my Petition for Review in the Supreme Court of Texas on 6/24/05 one day after the Kelo case hit the street. At least in an “eminent domain” action the “owner” gets some money but under “sovereign immunity” the government can kill the citizen and destroy their property of every kind without pay or repair of any kind.

My appeal has nothing to do with complicated facts but merely the law, yet no news source will pick it up and do a story on it to stop this long existing violation of the property rights of Texas citizens. No government will ever be accountable if the people always learn too late to demand the just response from courts. The founders thought the “free press” was the critical “fourth branch of government.” We see the modern American press is either controlled by fear of government or it is owned by the same forces that corrupt government. Read the 15 page Petition to the Texas Supreme Court at www.PostWTC.com/pet-f-rev-4.html .

Sincerely

Ronald F. Avery