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IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON FOR KING COUNTY

No. 00-2-14946-8 SEA

KING COUNTY, a political subdivision of the State of Washington, Plaintiff,
v.
JOHN RASMUSSEN, and NANCY RASMUSSEN, husband and wife, and their marital community Defendants.

DECLARATION OF NEIL DEGOOJER



    Please read a disclaimer for the statements I make on this website accusing judges, politicians and activists of criminal or treasonous actions.

    Note from John Rasmussen:

         This is the dishonest declaration by King County Title and Escrow Officer Neil DeGoojer in support of King County's motion for a preliminary injunction against me in the lawsuit King County v. Rasmussen.

      View a copy of Neil DeGoojerís declaration, without my comments.

         Burlington Northern Santa Fe Railway (BNSF) owned essentially none of the land under the East Lake Sammamish right-of-way, yet claimed it owned all the land and then "donated" that land to King County in the 1996 Railbanking transaction. BNSF then took a fraudulent tax write-off of $40.2 million as a result of the "donation". Norm Maleng, the King County Prosecutor, knew that BNSF didnít own the donated land, but participated in the East Lake Sammamish federal tax fraud scheme by accepting the phony donation. Since the deeds along the East Lake Sammamish right-of-way are based on a form deed written by the Railway lawyers, and grant a "right of way", Maleng and his staff conjured up a "legal theory" for why these deeds conveyed the underlying land to the Railway. I call this dishonest legal argument Norm Maleng's "legal theory". (My statements describing wrongdoing or criminal actions in this paragraph are a First Amendment expression of my opinion.)

         In this declaration, Neil DeGoojer adopts Norm Maleng's "legal theory" by stating that the Hilchkanum deed grants a "strip of land". The Hilchkanum deed explicitly grants a "right of way". In Washington State Common law, the grant of a right-of-way to a railroad has always been held to convey an easement, without exception. (My statements describing wrongdoing or criminal actions in this paragraph are a First Amendment expression of my opinion.)

      Read the Hilchkanum right-of-way deed to the SLS&E in order to understand that a "right of way" is granted.

      View fourteen citations holding the grant of a right-of-way to a railroad conveys only an easement.

         In my opinion, Neil DeGoojer perjures himself with his analysis in this declaration.



Neil DeGoojer declares as follows:

1. I have personal knowledge of the matters contained herein and am competent to testify thereto.

2. For the last eight years, I have served as a Title and Escrow Officer for what is now called the King County Department of Natural Resources, Resource Lands and Open Space Section.

3. My duties include review and analysis of historical real property documents, review of title reports on parcels targeted for acquisition by King County, and coordinating the closing of the purchase of such parcels.

4. I estimate that I have reviewed and analyzed several thousand recorded deeds during my tenure with King County.

5. Prior, I served as a Title Officer and Title Examiner with Transamerica Title Insurance Company, and Northwestern Title Company for a combined period of 14 years.

6. In those positions, I also reviewed and analyzed historical real property documents, and prepared title reports.

7. I estimate that I reviewed tens of thousands of real property documents in those positions.

8. I also hold a JD from the University of Washington (1968), and am admitted to practice law in the state of Washington.

9. In law school I received training in real property conveyances. I received further training at Transamerica, primarily through review by senior examiners.

10. I have remained current in this field through continuing legal education. In 1998, I also completed a course -- "Land Titles" -- presented by the International Right Of Way Association.

11. As part of my current duties, I was involved in King Countyís purchase of the railway corridor along the eastern shore of Lake Sammamish ("ELS corridor"). My work on this project included reviewing historical title documents, title reports, and coordinating the closing of the transaction.

12. By deed dated May 9th 1882 , Bill Hilchkanum and wife conveyed to the Seattle Lake Shore and Eastern Railway (the "Railway") a continuous 100í wide strip of land, over one mile long, including what is now at least the area from 1241 E. Lake Sammamish Ln., SE, to 1913 E. Lake Sammamish.



    Note from John Rasmussen

         Neil DeGoojer's statement 12 is completely fraudulent. To understand what the Hilchkanums deeded to the "Railway", Neil should have looked at the deed rather that state what the Prosecutor needed him to declare in order to keep Norm Maleng, and other King County officials, out of federal prison. (My statements describing wrongdoing or criminal actions in this paragraph are a First Amendment expression of my opinion.)

         The Hilchkanums didnít convey a "strip of land", as lawyer Neil DeGoojer states above. The Hilchkanums conveyed a right-of-way to the "Railway". Why is that so important? In my opinion, title expert Neil DeGoojer would have told you if he had been honest.

         Under Washington State common law, the grant of a "right-of-way" to a railroad has always been construed to grant an easement. Title Expert Neil DeGoojer knew this fact, assuming he actually had the title experience he claimed (in my opinion).

      Read the Hilchkanum right-of-way deed to the SLS&E in order to understand that a "right of way" is granted.

      View fourteen common law citations holding the grant of a "right of way" to a railroad conveys an easement.

         This misrepresentation of the Hilchkanum grant is one of the pillars of dishonesty that the King County Prosecutor used to hide his participation in the East Lake Sammamish federal tax fraud scheme. It would have been less dishonest for DeGoojer to describe the grant as an "interest in a strip of land". But, it was completely dishonest to describe it as a "strip of land" because that implies a fee simple conveyance. (My statements describing wrongdoing or criminal actions in this paragraph are a First Amendment expression of my opinion.)

         In his legal briefs in federal court, the King County Prosecutor used this same lie, describing the right-of-way as a "strip of land" and claiming it was therefore a fee simple transfer from Hilchkanum to the Railway. This dishonest legal argument was contrived by the King County Prosecutor in 1997. I call this dishonest argument Norm Maleng's "legal theory". (My statements describing wrongdoing or criminal actions in this paragraph are a First Amendment expression of my opinion.)

         If you used the above hyperlink to view the Hilchkanum deed to the SLS&E, you saw that Hilchkanum conveyed "a right of way one hundred (100) feet in width through our lands in said County". In my opinion, since DeGoojer states the deed conveys a "strip of land" you can correctly conclude that Neil DeGoojer is a perjurer and a liar.



13. The Hilchkanum deed conveyed to the Railway a 100í wide corridor through the defendantsí residential property, located at 1605 E. Lake Sammamish Place SE.



    Note from John Rasmussen

         First, DeGoojer describes the right-of-way as a "strip of land" in item 12. Then, in item 13, DeGoojer describes the right-of-way as a "corridor". The Hilchkanums conveyed a 100í wide "right of way" to the Railway. Why wouldnít DeGoojer use the same words as used in the Hilchkanum deed to describe the conveyance? There is no "strip of land" or "corridor" in the Hilchkanum deed.



14. In 1996, Commonwealth Land Title Insurance Company prepared title reports for King County regarding this segment of the ELS corridor, conveyed to the Railway by the Hilchkanum deed.

15. A true and correct copy of Commonwealth's title reports are attached to this declaration as Exhibit 1.

16. Commonwealth determined that Burlington Northern was the successor in interest to the property conveyed by the Hilchkanums to the Railway.



    Note from John Rasmussen

         At item 12, above, Neil DeGoojer states that Hilchkanum granted a "strip of land" to the SLS&E. This states/implies that Hilchkanum granted a fee simple interest to the Railway. At item 16, above, DeGoojer states that the "interest to the property conveyed by the Hilchkanums to the Railway" had been conveyed to BNSF. This strongly implies that Commonwealth Title insured that a fee simple interest was held by BNSF. This is not true. Please use the hyperlink below to confirm that Commonwealth Title refused to insure fee simple title. Open the hyperlink and go to PDF page 2. At the bottom of PDF page 2, Commonwealth Title states the property interest is "A FEE SIMPLE OR EASEMENT INTEREST ONLY". Further, at the top of PDF page 7, Commonwealth Title states this: (with my emphasis)

      "Title as vested is pursuant to instrument recorded under Recording No. 13449. Numerous court cases have held that the language contained in the original instruments conveying ownership rights to various railroad entities can be construed as ambiguous, both as to intent and purpose. This Company therefore assumes no liability for any questions which may arise relating to the nature of the interest of Burlington Northern, as successor, until such time as a court of competent jurisdiction makes a final determination on this matter."

      View the Commonwealth Title Insurance Policy, written for the King County Department of Open Space.

         Neil DeGoojer strongly implies that Commonwealth Title insured that a fee simple interest was held by BNSF. This is a lie. His dishonesty is even more obvious when one views his own department's report on the interest conveyed by Hilchkanum. Neil DeGoojer worked for the King County Office of Open Space and knew it was the opinion of Commonwealth Title that the right-of-way was most likely an easement. This was documented by the "King County Office of Open Space, Title Officerís Review of Title Report". The report analyzed the Commonwealth Land Title Insurance Company report. This statement on PDF page 2 of the report described the vesting of the Hilchkanum land: (My statements describing wrongdoing or criminal actions in this paragraph are a First Amendment expression of my opinion.)

      "Vesting: ...The particular deed under which this property was acquired was entitled "right of way deed" which would probably be deemed to be and easement interest only..."

      View the "King County Office of Open Space, Title Officerís Review of Title Report".

         First, DeGoojer dishonestly claims a "strip of land" was deeded by Hilchkanum, implying fee simple transfer. Then, he states that interest was transferred to BNSF. Next, he states that BNSF transferred its interest to King County. This falsely implies that King County obtained fee simple title to the land under the right-of-way. If this isnít perjury, itís very close. From my experience, this sort of lying is business-as-usual by King County lawyers. (My statements describing wrongdoing or criminal actions in this paragraph are a First Amendment expression of my opinion.)



17. In early 1997, Burlington Northern conveyed its ownership interest in the corridor, including the segment conveyed by the Hilchkanum deed, to The Land Conservancy of Seattle and King County (TLC), by way of a quitclaim deed. A true and correct copy of that quitclaim deed is attached to this declaration as Exhibit 2.

18. In September 1998, King County purchased approximately 11 miles of the East Lake Sammamish corridor from TLC, including the segment conveyed by the Hilchkanum deed. TLC conveyed its ownership interest to King County via a quitclaim deed. A true and correct copy of the deed is attached to this declaration as Exhibit 3.

19. Therefore, King County is the successor in interest to the Railway, and holds title to the segment of the ELS corridor which bisects the defendants' residential property.



    Note from John Rasmussen

         The question is: What interest was passed to King County? DeGoojer dishonestly implies that it was fee simple, but cleverly doesnít actually use those words in his declaration. Thereís lots of clever lawyers making a living on the taxpayerís money in King County. The people of King County donít need clever lawyers, they need honest lawyers. (My statements describing wrongdoing or criminal actions in this paragraph are a First Amendment expression of my opinion.)

         In my opinion, it is completely dishonest for DeGoojer to not admit his own Department's opinion that the interest conveyed was most likely an easement.



I declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct.



    Note from John Rasmussen

         Since here is no penalty for perjury by King County prosecutors, perjury has become a way of life for them. I write this note eight years after the DeGoojer declaration, and my right to present the facts, and challenge his dishonesty before a jury was denied at every level of state and federal court, including the Supreme Court of the United States of America. (My statements describing wrongdoing or criminal actions in this paragraph are a First Amendment expression of my opinion.)

         In my opinion, there is massive dishonesty in the government of King County, and in the federal and State courts of Washington.



EXECUTED this ___ day of August, 2000 at SEATTLE, Washington.

________________________________________

NEIL DEGOOJER