I was talking with some people yesterday and they were asking me questions concerning the BLM and their attitude concerning treasure. The BLM does not recognize treasure and any type of treasure trove permit that may be gotten from the Department of Interior will not be honored. But there is a way to get it done.
You have to march into Federal Court with a Writ of Mandamus which is under the all writs act. Because The official that work for the BLM are government officials they are required to do certain things by law. The Mel Fisher case where the U.S. Supreme Court recognized the rights of the Treasure Finder and his right to remove the treasure makes the Government responsible to issue the permit and allow the removal of the treasure.
You have to allege that you have no other recourse under law. That the BLM is preventing the recovery of the treasure because they are in effect hunting for treasure themselves. The land that is managed by the BLM is public lands and not the private property of the United States Government. The Government would have you believe that they own the land and that they have the sole say so of what goes on there. You have to make the BLM believe that you will go to any length in Federal Court to get the removal done.
Nick
Labels: blm, bureau of land management, Federal Court, New Mexico, nick fleming, tda-6, tesoro del alma, treasure