518. Extortion is the obtaining of property from another, with his
consent, or the obtaining of an official act of a public officer,
induced by a wrongful use of force or fear, or under color of
official right.
The perpetrator is the purported public officer aka "President" of the Weber Water Association
Fact 1. The president told the victim remove your plants growing operation
or I will shut off your water.
Fact 2. The property owner owns the water right and did not yield to
the president wishes..
Fact 3. Proof of the property ownership is in the recorded deed dated
March 15, 1985, by Charles E. Reed, Jr.,
he granted an easement for a well and related access easement for the
benefit of land now owned by the victim.
Fact 4. The 1985 Reed easement does not name any water association
anywhere in the easement. Therefore the water association does not own
any water right.
Fact 5. If the association does not own the water or the water rights
and the association informs
the true owner or owners of the water rights that if you do not do
what I say, "as in remove plants from your property or not provide water
to a member"
or the association will terminate your water and charge you $2000.00
to re establish a connection to the water that association never had the
right to
disconnect to begin with, ( is this not a crime?)
.
518. Extortion is the obtaining of property from another, with
his
consent, or the obtaining of an official act of a public officer,
induced by a wrongful use of force
or fear,
or under color of
official right.
When the victim was told remove your plants
or we will shut off your water that may have been an attempted
Chapter 7. Extortion
PENAL CODE SECTION 519.
Fear, such as will constitute extortion, may
be induced by a threat, either:
1. To do an unlawful injury to the person
or property of the
individual threatened.
To threaten to disable a property owners legally
owned property
because the owner fails to yield to the will
of the officer of a water association may be construed as attempted extortion.
The fact is the association is not the true
owner of the said water or water rights and has no legal right to said
property.
Because of the actions of the president she
caused the victim to pull her plants before it was time to harvest resulting
in loss of plant value.
The unlawful injury was to disconnect the
property owners water and to deny the water and the water rights belonging
to the property owner.
The victim removed the plants because of
fear.
A neighbor offered the victim water and the
president of the water association wanted to shut off his water.
Proof is in the letter dated Oct 2010
When the so called deadline of September 13,
2010 arrived and the plants had been removed.
The president insisted the water be shut off anyway by the "mutual
water company" .
The president is now insisting on $2000.00
to reconnect the line she had no
right to disconnect.
III. PUBLIC UTILITIES CODE SECTION 2725 and Corp. Code §14301
By virtue of the perpetrator under color of official right addressing a letter to the victim requesting a reconnection fee of $2,000 is exhibiting that this State Small Water Association / "mutual water company" is not delivering water at cost. (Corp. Code, §14301.) 2725. As used in the chapter, "mutual water company" means any private corporation or association organized for the purposes of delivering water to its stockholders and members at cost. Again violating the law.
Under B and P code is this Association following
the law. There is no DBA and no business license.