49°F
weather icon Mostly Cloudy

Church claims damages to property exceed $3 million

The Ministerio Roca Solida, a founder of the Patch of Heaven church camp, filed a new takings claim in the U.S. Court of Federal Claims in Washington, D.C., saying that the damages to its property have grown over $3 million since the diversion of the creek on the property.

In a claim filed on July 12, the Ministerio Roca Solida alleges an unconstitutional taking of the 40-acre property located in the Ash Meadows National Wildlife Refuge and the loss of its vested water rights for the past 5 years.

In 2010, the U.S. Fish and Wildlife Service diverted the creek from the property where Victor and his wife Annette Fuentes, the leaders of the Ministerio Roca Solida had founded the Patch of Heaven church camp. The agency cited the need to preserve endangered species, including the Ash Meadows speckled dace that inhabit the refuge.

Nevada Policy Research Institute’s Center for Justice and Constitutional Litigation Director Joe Becker, who represents the Fuentes’, said the Ministerio Roca Solida filed three takings claims since 2010. The first two claims were dismissed with prejudice, which means that the plaintiff still has the right to further litigate when certain conditions are satisfied.

“(In this case,) a takings claim is a claim against the federal government where the government has taken private property, purportedly for a public purpose, without paying just compensation as required by the Fifth Amendment to the U.S. Constitution,” Becker said.

Becker argued that since the diversion of the creek, the Fuentes’ land and its appurtenances have been flooded four times – the type of flooding that had never occurred before.

“Because of the Department of Fish and Wildlife’s actions more than five years ago, less and less rainfall now results in greater and greater flooding,” Becker said.

Erosion from repeated floods has carved large swaths of washes on the 40-acre property, according to the documents.

“And, because of the federal government’s dangerously negligent construction of the channel — never engineered to accommodate any rain or runoff waters — the damage has been compounding. A mini-grand canyon now cuts through what was once lush wetlands, and the significant improvements made to structures and the land for the benefit of young campers are being undone with each recurring flood,” Becker said.

A complaint stated that the Ministerio Roca Solida now finds it “highly problematic” to make its camp available to groups who have historically used the facilities, because less rain results in a greater likelihood of more severe flooding and more severe flood danger.

Becker said that the movement of the waterway and taking of the ministry’s vested water rights was done without the requisite Clean Water Act permits and in violation of FEMA requirements. Becker also said that the movement was done with no regard for the ministry’s religious use of the water for baptisms.

“Sadly, the damage done by this repeated flooding is now so severe, there’s no choice left but to hold the federal government accountable for a complete taking,” Becker said.

Contact reporter Daria Sokolova at dsokolova@pvtimes.com. On Twitter: @DariaSokolova77

Don't miss the big stories. Like us on Facebook.
THE LATEST
Fugitive who fled after woman’s attack found hiding in travel trailer

Ryan Sanders, 37, of Pahrump,who fled from authorities following the kidnapping and brutal attack of a Pahrump woman last week has been taken into custody by Nye County Sheriff’s Office deputies and assisting agencies.

2 cannabis lounges OK’d for Nye

KV Group LLV and GGCPA SE Inc. both plan to launch local lounges, where adults will be allowed to smoke, vape and consume cannabis products onsite.

Nascar tickets up for grabs at Bowl-A-Thon

This Sunday, the Pahrump Nugget Bowling Center will be taken over by supporters of America’s heroes during the Wounded Warriors Bowl-A-Thon and event organizer Denise Flanagan is excited to announce the addition of an extraordinarily generous donation to the cause.

Here are the plans for Front Sight firearms facility

When Front Sight Firearms Training Institute filed for bankruptcy in May, many feared that would mark the end for the nation’s largest firearms training center. But the site is expected to be revived under new ownership.

Nye County tribe faced voting barriers this election

The Yomba Shoshone Tribe had difficulty getting an in-person polling location for the 2022 midterms. Tribes across Nevada and Indian Country face barriers in accessing the voting booth.

Bowl-A-Thon to benefit Wounded Warriors

Hosted by local veteran Denise Flanagan, all of the money raised at the Bowl-A-Thon will be donated to Wounded Warrior Project, an organization that supports veterans.

It’s time to light the tree!

Here’s what you need to know as Pahrump prepares to illuminate its annual Christmas tree.