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Statement Regarding the Impoundment of a
Trailer from Lot 20 of the Twin Palms/Wind River Subdivision
July 23, 2010 PARKER, Arizona (July 23, 2010) On
July 22, 2010, the Colorado River Indian Tribes Police Department removed and
impounded a Viking Mobile Home trailer from Lot 20 of the Twin Palms/Wind River
Subdivision (Twin Palms). The Colorado River Indian Tribes provides this
statement in an effort to minimize rumors and speculation regarding this action.
From 1980 to 1994, Twin Palms Lot 20 was leased to Mr. Ronald Jones pursuant
to a permit entered into by the Secretary of the Interior on behalf of the
Colorado River Indian Tribes (Tribe). The permit was executed by Mr. Jones, the
Tribal Council Chairman and Secretary of the Tribe, and the Superintendent of
the Colorado River Agency. The permit document is identical to the more than 100
permits issued by the Secretary of the Interior on behalf of the Tribe to
residents of Water Wheel, Shaggy Tree, McCoy, Twin Palms, Rymer, Jack Aye,
Sansbar, and Lingle Akin Subdivisions.
Through the permit, Mr. Jones
expressly acknowledged that the Lot was "Tribal Land" and was "within the
Colorado River Indian Reservation." Mr. Jones further agreed that the permit did
not, "confer upon Permittee [Jones] any equity, right, title or interest to or
in the permitted lands." Further, Mr. Jones relinquished, "all past, present or
future claims of right, title or interest in, the lands held under this permit
or any other lands within the Colorado River Indian Reservation." Mr. Jones also
agreed to remove any improvements or personal property from Lot 20 within thirty
(30) days from the expiration or termination of the permit. Finally, Mr. Jones
agreed that any improvements or personal property not removed from Lot 20 within
the thirty (30) day period, "shall become the property of the Permitter [Tribe]
and shall be subject to disposition by Permitter [Tribe] free from any
responsibility to the Permittee [Jones] or any third party in connection
therewith."
On August 10, 1994, the Superintendent of the Colorado River
Agency cancelled Mr. Jones' permit. The permit was cancelled due to the failure
of Mr. Jones to pay rent. Pursuant to the terms of his permit, Mr. Jones was
provided with thirty (30) days to vacate Lot 20 and remove any improvements
or personal property. Also pursuant to the terms of his permit any improvements
or personal property that remained on Lot 20 after the thirty (30) day period
became the property of the Tribe.
On May 27, 2010, the Tribe posted
Trespass Notices on fourteen (14) lots within Twin Palms, including Lot 20.
During the process of posting these notices, the Tribe noted that a boat, with
an expired registration dating to 2001, and trailer, which was not connected to
power, sewer, water or any other service, remained on Lot 20. On June 22, the
Tribe's Police Department posted a Notice of Abandonment and Intention to
Impound on the boat located on Twin Palms Lot 20. After waiting for longer than
the statutory period, the Police Department impounded the boat on June 24.
On June 29, Mr. Jones met with the Tribe. During that meeting Mr. Jones
indicated that his primary residence was in the Morongo Valley and that he
visited Lot 20 only very occasionally. Mr. Jones also acknowledged that his
permit was terminated in 1994 and that he did not have a valid permit or
lease for Lot 20. Mr. Jones also claimed that both the boat and trailer on Lot
20 belonged to him. The Tribe again advised Mr. Jones he was in trespass and
offered to engage in settlement discussions with him to resolve his back rent
and penalties and to enter into a new lease agreement. Mr. Jones declined this
offer. The Tribe then encouraged him to remove the trailer from the lot.
On July 6, Mr. Jones met again with the Tribe. The purpose of this meeting was
to provide Mr. Jones with an opportunity to redeem the impounded boat. During
the meeting the Tribe again offered to engage in settlement discussions with
him. Mr. Jones declined the offer, failed to provide a copy of the boat title
and failed to pay the impound fees.
On July 11, the Tribe's Police
Department posted a Notice of Abandonment and Intention to Impound on the
trailer located on Lot 20. Mr. Jones, through his attorney, requested the Notice
be withdrawn, a request the Tribe would have considered had Mr. Jones, or his
attorney, evinced any serious intention to enter into settlement discussions.
Throughout, the Tribe exercised considerable restraint. Pursuant to the
terms of the permit Mr. Jones executed, the improvements and personal property
remaining on Lot 20 became the property of the Tribe in September 1994. However,
the Tribe elected to post the property as abandoned in an effort to provide an
additional, but not required, layer of notice to Mr. Jones or any other person
claiming an ownership interest in the boat or trailer.
As the Tribe has
stated in the Trespass Notices posted in the Water Wheel, Twin Palms and Lingle
Akin Subdivisions on May 27, the Shaggy Tree and McCoy Subdivisions on July 1,
and will be posting in the Rymer, Jack Aye and Sansbar Subdivisions, the Tribe
would prefer to amicably resolve the many cases of trespass within these
subdivisions. The Tribe is encouraged by the numerous positive responses it has
received to these notices and hopes it will reach an amicable resolution to each
and every instance of trespass on its lands.
Once again, the Tribe
invites and encourages any person who occupies its land without a valid permit
or lease to contact the Tribe's Attorney General, Eric Shepard, at (928)
669-1271 to make arrangements to stay on the property lawfully.
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