FLDS evicted from land
 
By Norma Najacht
Custer County Chronicle
 
The sale of 440 acres of land near Edgemont along the Cheyenne River in Fall River County to Oak Valley, Inc., was set aside in an Oct. 24 court decision.

Oak Valley is a corporation of the Fundamentalist Church of Jesus Christ of Latter Day Saints (FLDS), which also owns property in Custer County. Oak Valley was incorporated in Evanston, Wyo., in March 2006.

The sale was challenged by Carolyn Fines of Edgemont, half heir of the estate of Herman Heck, to whom the property belonged.

According to Fall River County State’s Attorney Lance Russell, Fines challenged the sale because she did not agree early on with the will, which stated that if any of the heirs wanted the land, it was to go to them. Otherwise, it was to be sold. The other heir was Doris Seabeck, who had agreed to the sale.

In court last Friday, Fines testified that she did want the land and that she had not agreed to the sale to Oak Valley, Inc.

Testifying on behalf of Oak Valley were Edson Jessop Harker of Oak Valley and Terri Hollenbeck, realtor for All American Realty in Edgemont, which was handling the sale.

The question was whether the estate could close on the sale and accept money for it if one heir objected to the sale. Judge Merton B. Tice ruled in favor of Fines. The sale was scheduled to close Oct. 24.

Oak Valley will have 30 days to appeal the decision.

According to Russell, the sales contract stated that Oak Valley could be on the land only at the time of closing. They were in violation of that agreement.

Russell said there were numberous violations by Oak Valley, including burning despite a burn ban in Fall River County and in spite of having called four times asking about the legality of burning.

Oak Valley also moved a great amount of earth next to the Cheyenne River, something that requires a permit. They were also digging with a backhoe in the Cheyenne River, apparently trying to get gravel. In the process, a bluff was removed. The state Department of Environment and Natural Resources (DENR) came out to the property about a week ago and informed Oak Valley they couldn’t do that. Although DENR declined to bring charges, Oak Valley was prosecuted in Magistrate Court in Fall River County for burning and was fined for that.

Oak Valley was served with a notice of eviction a couple of weeks ago, Russell said, giving them 24 hours to vacate the property. At that time, they got off the land and moved their equipment to a neighbor’s land. As far as the damage that has been done to the property, that’s for the estate to decide what they will do about that, Russell said.
 
CusterCountyNews.com
Originally published October 30, 2008
 
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