Ronald D. Klein Riverglen Way Berthoud, CO (970)

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1 August 5, 2013 Ronald D. Klein 1305 Riverglen Way Berthoud, CO (970) Via Certified Mail Dawson County Commissioners c/o Karla Zlatkovsky, Dawson County Clerk 700 N. Washington St. Lexington, NE Subject : Klein FINAL claim for property destruction reimbursement as required by law. For your next meeting in August. Dear Commissioners: The above subject speaks for itself. I ask you to read, heed, and pay this claim as you are legally required to do. It is time for you to follow the law you are sworn to uphold. This shall also serve as notice that if you - again - refuse to pay this claim as the law requires the claimant will take vigorous court action to obtain that reimbursement. If you become delinquent as defined in the attached claim, vigorous legal action will follow, and I expect to win. As a native of Dawson County, and a descendent of several families that began arriving before 1880 with descendants still in the county, I urge you to pay this claim. The taxpayers of Dawson County don t need to incur the cost of an unnecessary court action. All you need to do is follow the law. And, you don t need further embarrassment. As you know, a new piece of legislation was passed in the Nebraska legislature this year, and signed into law by the Nebraska Governor as a direct result of your unlawful actions in this matter. The entire legislature knows that it was caused by the unlawful actions of Dawson County. Do you want still further embarrassment? I urge you to engage private counsel. A simple reading of the law - which I am again providing you - is clear. While I am not privy to the specific advice of your County Attorney, it is my suspicion that you have been given bad advice, and they - and perhaps you - think they can simply bully this non-resident landowner. I assure you that is not the case, and I expect to win in court. I do what is right - and what is required. I don t accept illegal actions that harm my interests, which is what you have done. I do what is right and expect those I deal with to do the same.you have not, but you can. Until this incident, I was always confident that if I had an issue with governments in Dawson County, I would be treated fairly and honestly. That is the way my family has always behaved, as do I. I should not have to take legal action to resolve this. But, I choose to do what is right, and that is what I will do if you continue to behave this way. My experience is, that when you conduct yourself properly, you win. Think about that. You have NOT been conducting yourselves properly. Clearly I was wrong and Dawson County is no longer the honest place that I remember. Your timely payment, as outlined in the attached claim, will be appreciated. Very truly yours, Ronald D. Klein cc: file, with attachments - 7 pages

2 NOTICE OF CLAIM Ronald D. Klein 1305 Riverglen Way Berthoud, CO (970) Responsible party for Payment of Claim: Dawson County Dawson County Commissioners 700 North Washington St. Lexington, NE Date of Claim: August 5, 2013 Amount of Claim: $3, Date payment of claim amount due: August 19, 2013 Date delinquent if not paid: September 4, 2013 Claim Payment to be submitted on or before August 19, 2013 by good check to: Ronald D. Klein 1305 Riverglen Way Berthoud, CO Note: Electronic transfer of funds is preferred. Claimant will work with County Clerk and/or County Treasurer to facilitate electronic transfer of claim amount to the proper bank account. Basis of Claim: The Dawson County road crew destroyed a fence on property owned by the Kleins in SW1/4 of This purportedly was done to facilitate the long overdue cleaning of the county road ditch adjacent to the Klein property. Nebraska Revised Statute is the claimed authority for Dawson County s actions (Ref. of Jun 22, :47 AM from Kurt McBride to Ronald Klein) Nebraska Revised Statute specifically states: In case of any damage to the premises, the county board shall pay the owner of the premises the amount of the damages. The Dawson County Commissioners have previously refused to repair or replace the fence destroyed. Thus, the amount of damages due the landowner is the estimated cost of replacement of a 900 foot fence and other costs incurred in previous actions to persuade Dawson County to obey the law, their Oath of Office, and the Nebraska and U.S. Constitutions, in the amount of $3, References: 1. Request from Ronald D. Klein to Dawson County Board of Commissioners, dated March 13, Letter from Steve Windrum, P.C., Attorney At Law, on behalf of Ron and Jody Klein, to Dawson County Board of Commissioners, dated April 19, 2011.

3 NOTICE OF CLAIM August 5, 2013 Page 2 of 3 Discussion: For a number of years, the property owner had urged Dawson County, specifically Commissioner Kugler, to clean the ditch on the west side of the property which was not draining due to several decades of neglected maintenance. The crop on the property owners farm was being flooded and harmed due to the lack of drainage, causing harm to both the tenant and the landowner. Various letters and documents have previously been provided to Commissioner Kugler and others that confirm that situation. That documentation is also on file in the property records maintained by the landowner. After several years, and a letter to the entire Board of County Commissioners, the long overdue cleaning of the ditch was apparently decided upon. While the landowner was never formally advised of that decision, subsequent actions demonstrate - after the fact - that such a decision was made. On or about September 16, 2010 a voice message was left on the Klein s home telephone by Commissioner Kugler essentially stating.. the county road crew says there is a fence in the right of way. I have directed them to remove it and expedite it... That message is on file in the landowner s records as an audio file which confirms such intent and action. The landowner thus was not notified prior to destruction of said fence. There was no due process followed that normally is expected of public entities before acting to damage a property owner s property or interests. The landowner was simply not provided any opportunity to address the issue. Nor was any proof of the claim the fence was actually in the county right of way provided. Nor has such proof been provided since, as it does not exist. th The property rights of the landowner intended under the 5 Amendment to the United States Constitution were clearly violated. Additionally, the intended protection of property and compensation requirements of Nebraska State Constitution Article I-21 have been violated. Later explanation will also show that the intent of Nebraska State Constitution Article I-25 requiring no discrimination on rights of property owners has also been violated by Dawson County. The normally expected respect provided to property owners in Dawson County, the State of Nebraska, and the United States of America were clearly violated and brutally so. Dawson County has not provided evidence to support their claim that the destroyed fence was actually in the right of way. The reason is, per statements of their representatives, that essentially no such verifiable physical proof exists. Furthermore, there is no applicable reference in Nebraska Statute to relieve the county of their obligation to reimburse the property owner for damages. While Nebraska Statutes specifically require reimbursement for such destruction. Specific Points: 1. The landowner made several formal requests for verifiable information that would support the county s unproven claims. Outcome: Dawson County has not provided documented, verifiable physical evidence of their claims because they HAVE NONE. They only have hearsay and not proof. This is not the kind of evidence that can legally be used to destroy property then decline to comply with the statute which requires compensation for that damage.

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5 The Nebraska statute which Dawson County claims gave them authority to enter Klein property also requires reimbursement of the property owner for damages Public roads; drainage facilities; construction and maintenance; authority of county board; damage to property outside of right-of-way. The county board shall have the authority to construct, maintain and improve drainage facilities on the public roads of the county. The county board also shall have the authority to make channel changes, control erosion, and provide stream protection or any other control measures beyond the road right-of-way limits wherever it is deemed necessary in order to protect the roads and drainage facilities from damage. The county board and any person acting in its behalf shall have the authority to enter upon private or public property for the above purposes. In case of any damage to the premises, the county board shall pay the owner of the premises the amount of the damages. Upon failure of the landowner and county board to agree upon the amount of damages, the landowner, in addition to any other available remedy, may file a petition as provided for in section Source:Laws 1957, c. 155, art. V, 2, p. 552.

6 The Nebraska Constitution does not allow the taking or damage of private property without just compensation. I-21. Private property compensated for. The property of no person shall be taken or damaged for public use without just compensation therefor. Source:Neb. Const. art. I, sec. 21 (1875).

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