8/31/11 Homeless man files against ODOT eviction order

  • By Nick Sabo
  • August 31, 2011
  • 422
                        
SUMMARY: Claims 1823 tribal lands ruling grants use of property off US 30 A homeless man allegedly living on state-owned property in Wooster has invoked a 178 year old law in response to eviction efforts. Roger D. Adkins filed paperwork with Wayne County Common Pleas Court that states an 1823 U.S. Supreme Court ruling regarding aboriginal title grants him perpetual use of a 10.87 acre parcel of land located off Madison Avenue and US Route 30. The decision, Johnson v. M’Intosh, is a well known case from Justice John Marshall’s supreme court. Adkins claims that Johnson v. M’Intosh requires a “complete Federal investigation” of the matter be completed. Until that can be accomplished, Adkins has asked a stay of proceedings brought by the Ohio Department of Transportation In Wayne County Common Pleas Court, which seeks to evict Adkins and other “unnamed persons” living in tents on the land. In a complaint for ejectment and civil trespass, ODOT claims it took possession of the land in 1959 for construction on US 30. It identifies the parcel as “bounded on the north by US 30, on the east by Madison Avenue, on the south by County Road 419 (aka Timken Road”). Wayne County Auditor and tax map office records show the land was purchased by a Wooster resident in 1960. An easement of 5.28 acres was granted to ODOT Aug. 9, 1960. The 5.28 acres run mostly along US 30, forming an ackward triangle. Adkin’s motion was returned to him by court officials because it was not properly completed. In the motion, Adkins claims he has been living on the parcel for more than five years and states the land is “now considered to be temporal Chickahominy Tribal land”. Adkins claims his attempts to speak before court officials were denied and claims Ohio government officials have “choose to aid & abed” local government and law enforcement officials in denying him legal protection. In the paperwork, Adkins gives his address as 356 W. North St., Wooster. The address is the location of the Wayne County Veteran Service Commission. No hearing date for the case has been scheduled. The case is assigned to Wayne County Common Pleas Judge Corey Spitler.


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