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Seeking veteran backpacker advice
I've studied maps and guidebooks and now I need some sage wisdom from those of you who can offer your thoughts. Planning a 4 day backpacking trip with a friend from March 30 to April 2nd. I am seeking a loop that could provide us with an initial base camp for the first 2 nights so we can fish and explore and then finish the trip off with a final day of hiking to complete a loop. I have found 4 routes that fit the bill and would love advice and additional suggestions:
1) Deep Creek, camp in 55-58 and spend 2 nights and days there fishing and exploring. Then come back down Noland Divide Tr via Pole Rd Cr Tr.
2) Clingman's Dome trailhead: Hike down forney creek tr. to campsite 71 and stay there 2 nights. Then finish by taking Springhouse Branch Tr to Forney Ridge Trail. Can you park at Clingman's dome for this hike? Is forney wadable at that time of year?
3) Big Creek: Take Big Cr Tr to campsite 36 or 37. Camp and fish there for 2 nights. Then take Swallow Fork Trail to Mt. Sterling Ridge Trail. Camp at Campsite 38 at Sterling Ridge and then take Baxter Creek Trail back to the trailhead.
4) Fontana Dam Trailhead: Lakeshore trail to Eagle Creek Trail. Stay on Eagle for 2 nights. Then take the AT to Jenkins Trail to an unnamed Trail at Pickens Gap that flows along Pinnacle Creek. Back to the TH on lakeshore trail.
5) Or... is there an option where we just hike in 5-10 miles the first day, stay there all 3 nights. It would need to be an area where there is lots of room for day hikes and fishing from base camp, and then we can just return the way we came.
Thoughts in regards to time of year, ease of fording Forney or Eagle at this time of year, safety in hiking high altitudes.... All is much appreciated!!
If fishing is most important, I would just hike in and set up a base camp. You will get a lot more fishing time in this way. If the hike itself is important it looks like you have some good options. I would focus on low to mid elevation streams for your trip as it can still get cold that time of year. Deep Creek would be a good choice. Upper Little River is good this time of year as well unless the mountains get a cold snap.
"Then He said to them, 'Follow Me, and I will make you fishers of men.'" Matthew 4:19
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I've done Forney down to 70 and back up Forney to clingmans spending 1 night at 70 and one at 69 towards the end of may and it was good.
Duckypaddler and I did a one night trip down to 69 and back up last October and it was a good trip as well... A little colder but we still caught fish so I would say upper Forney would probably be in play but really dependant on conditions, like a late cold weather spell. I will say the better fishing on both trip was above 70.
If low elevation is key, you could do a short hike to 93 on twenty mile and hit both twenty mile creek and Moore springs branch. Smaller rainbow water but not pressured too much and low enough elevation the temps may be good.
Another good base camp would be 39 in cataloochie or a loop on the rough fork trails. Higher elevation so watch temps.
My favorite hike/fish trip is up the LR trail to CS24...this is about 4.5 miles. Great place to set up a base camp. There are several loops you can hike from here if you like to hike. Fishing here can be epic...from the campsite upstream you can hit a slam without changing waters...hike up to CS 30 ...Three Forks area and you will hit almost pure brookie water. One day hike back down to the Goshen Trail that follows the Fish Camp Prong...hike up the trail until you find a large white quartz rock where the trail turns to the left and start fishing...great water....if the water is high walk downstream about half way to the Huskey Gap trail and fish back up to the trail head...more great water...Don't ignore Rough Creek that flows thru the campsite...can usually pick up a few browns in there...There is more good water there than you can fish in three days...good luck.
Tyring to predict Smokies weather will make you pull your hair out
And the weather will predict where you should be. By April it could be warm as could be, or there could be snow
If it warms up pretty good, I personally would be around a good brookie stream. If it's colder you want to be on a lower elevation stream like David suggested. I have a upcoming Smokies trip a week before yours, and trying to plan to plan it has been tough since it hard to predict the temps, and more importantly the rain fall. You mentioned crossings on Forney. At regular water level, you will get wet, but not bad. On the other hand after a good rain, you might be held up.
As to your specific suggestions:
1 - Sounds like a decent trip
2 - Nice trip, but watch weather and water levels for crossings. If the system is flush with water, I'd pick another
3 - Sounds good. Also some crossings on Big Creek, but unless after a rain event should be fine. I like this idea. Easy walk, lots of fishing, then some views on the way home when your pack is lighter
4 - Eagle crossings can be bad, not sure about the one that low, others may be able to help better as I have not been to Eagle in 15+ years.
5 - 24 like Rog suggested, or if you wanted to mix it up. 30, then 23.
Good luck, and post a trip report when you get back, and take a camera
Fontana Dam to Eagle Creek
This is a "tough" hike... been-there-done-that a couple of times ......the distance is not the big problem.....the rollycoaster trail will wear you out....up & down numerous times.... I would get the shuttle service at the dam to take you over and you could hike the trail back out........ at last report $25.00 one way.... it would be an all day hike and you would loose alot of stream time.......Good luck and be careful...........
I did the deepcreek to 56 back in October. I stayed at 56 I think. Fished a couple of days then hiked out like you are talking a out. Pole road is a pretty good climb but nothing too hard. The view from lonesome pine overlook on Noland divide trail is worth the hike. At that time deepcreek was fishing great but I guess alot will depend on weather. Have fun wherever you go.
From what you have provided, and all the good points others have posted, if it was me and i was making plans for that time of year I would pick either
1. Being a older guy and wanting to spend as much time possible fishing i would also consider taking the boat ride across and plan for one or two basecamp sites on Hazel. Plenty of water and places to hike around.
2. Depending on weather and stream conditions, you can easily move up or downstream to suit the conditions. In the past it was easy to change CS depending on conditions. (Newer CS regulations might make this more challenging).
3. I have gone all the way up to CS 82 in the first week of April because of lots of water down low or stayed at lower CS because of colder weather and snow.
Deep Creek:
1. all the same advantages listed with Hazel except you dont need a boat ride.
2. Plenty of water and CS to choose from depending on conditions.
That time of year my best advise would be to pick a place that you could be flexible in your plans.
No matter where you decide it sounds like you are going to have a great trip.
Last edited by Mac; 02-25-2013 at 07:35 PM..
Thank you all for the replies.
If I was to stay on deep creek at 55 for a few nights, would it be worth a day excursion to hike over to upper noland via pole rd cr trail and fish forney between campsites 61 and 62? I don't mind putting in a good day hike if the fishing is decent and if the scenery is good.
Also, if I decided on little river, what do you recommend between campsites 23, 24, and 30? Is the fishing okay as far up as 30? I suppose I don't mind hiking to better water if it means a nicer and less used campsite.
CS30 is a 6.7 mile hike and CS 23 is a 6.9 mile hike...good trail without a lot of heavy climbing. 30 is an area my kin folk up there used to refer to as Three Forks since the river here basically divides into 3 separate feeder streams...water is smallish but once you head up one of the streams you are by yourself...you have got to come out how you went in...a lot of brookies up there...one of the streams has a vertical falls that opens up above it and there is nothing but brookies up there. If you are willing to walk in to 23 you can fish up Goshen Prong to the left or up the right fork which is still Fish Camp Prong...from 30 you can also walk back down across the "bluff"...where the trail does climb up above the stream and fish back to the campsite. The water thru the bluff is basically flat water without all the plunge pools and can offer some really great dry fly fishing...there is an island before you get to 30...don't neglect the right hand side of this area...great water...and there is always a nice trout in the pool just before the island where the side channel enters from the left before you have to cross it...biggest fish I ever hooked in the park was up Fish Camp Prong past where Goshen Prong merges...can't go wrong with this water.
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Location: Dairy Forage Research
Project Number: 5090-21000-047-03-T
Project Type: Trust Fund Cooperative Agreement
Start Date: Jul 1, 2007
End Date: Dec 31, 2011
1. To develop elite clones of creeping bentgrass, with multiple disease resistances. 2. To deliver these clones to private bentgrass breeders for use in developing new cultivars. 3. To conduct DNA marker selection experiments, testing the hypotheses that selection for DNA markers can be used to identify disease-resistant plants of creeping bentgrass. 4. To identify the genomic source of each linkage group (chromosome).
Maintenance of high-quality bentgrass fairways and putting greens is a stressful and expensive task, one that could be simplified by genetic resistance to diseases. Four bentgrass breeding programs will join together into a consortium with the direct objective to support the golf industry with improved clones of creeping bentgrass and creeping-colonial hybrids. Clones will be selected for resistance to dollar spot and snow mold fungi, using molecular markers identified by research partially sponsored by USGA. Elite clones with combined resistance to dollar spot and snow mold will be identified and made available to private bentgrass breeders. Clones will be released on contractual arrangements for future royalty payments to the participating institutions and USGA.

subset: commoncrawl


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EHS student to compete in horse show
A longtime 4-H member and senior at Elkins High School will compete next month at the 47th All-American Quarter Horse Congress, the world's largest single-breed horse show.
Alayna Collett from Elkins will be traveling to Columbus with her horse, Dodge, on Oct. 17 to compete with some of the most talented horses in the world. Collett, daughter of Alan and Patricia Collett, has been competing since she was 9 years of age.
The Congress showcases some of the best horse and rider combinations in the world. Throughout her six-day stay, Collett will compete in Hunter Under Saddle and Showmanship in the youth aged 15-18 class. Along with great competition and the chance to meet new friends from around the world, the Congress contestants have the opportunity to attend lecture series and demonstrations, presented by the industry's leading professionals from horse trainers to veterinarians with focus on all aspects of care, management, ownership and competition.
"There are no shortcuts in preparing for competition, and an established language of communication between you and your horse is essential," Collett said. "Bonding with your horse and earning its trust requires countless hours of training and lots of patience."
Dodge – or as he is better known by his competition name, Sippin' at Jack's Bar – is Collett's 7-year-old American Quarter Horse and her companion and teammate in The Congress competition.
Collett's interest in horses blossomed when she joined the Randolph County 4-H program as a third-grader and completed her very first 4-H horse project. This qualified her to compete at the Randolph County Fair 4-H Horse Show. Each year thereafter, she excelled in equine project work and competed in Virginia and throughout West Virginia, including the 2013 West Virginia State Fair where she captured the AQHA High Points Championship in the youth aged 14-18 class.
"The first-hand knowledge I gain at The Congress will be invaluable to me in organizing a local horse show for my senior project," Collett said.


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Okay so LO turned one last weekend and breastfeeding has gone absolutely amazing! I cut down my pump sessions in the beginning of June to just once a day so I could start to pump-wean and hopefully be completely done by the end of July, I wanted to pump through my LO's 12mth. In addition to just pumping once a day each day I try and hold out to pump later and later into the day.
Well we are fast approaching the end of July and my milk production has not decreased AT ALL!!! Something went wrong somewhere because I am getting fuller and more engorged sooner in the day then I was before. For example, today...I nursed LO between 0500-0530 like we do every morning then I got to work at 0700 by 0830 I was VERY full so finally at 0900 I went to the bathroom and hand expressed some milk which was just a waterfall at that point and I probably expressed 2oz from the engorged side without even trying. So after I could finally move my arm because some of the pain subsided I went back to work...by noon both sides where full and engorged..I help out until 1 to pump. I pumped for 3min..yes 3min exactly and I got 10oz and I still felt full!!!!
I'm really just not sure what to do anymore what I thought I needed to do to pump-wean seems to make things worse, my body is just not getting the hint to not supply during the day! My son LOVES to nurse so in the morning and the evening I want to continue to nurse. I'm afraid of mastitis and clog ducts because I had that issue when my son was about 3months old when I went back to work and ohhh dear i do not want to go through that again, so I am nervous to hold out on pumping when I feel so full!
Any help? advice? support?


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Best of Osmosis from George McBride (PDF)
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A Collection of Card Magic from George McBride!
All From One:
Three cards are selected and lost in the deck. The spectator stabs the Joker into the deck at any point - the card next to the Joker proves to be the first selection. Suddenly the second selection appears between these two cards. Finally the Joker transforms into the third selection!
Ambitious Hofzinser:
A card is selected and lost into the deck. You show the four Aces and perform a magical sequence, whereby each Ace travels from the bottom of the packet to the top in true "Ambitious-style." The final Ace magically changes into the selection.
Angel Heart:
A spectator removes a card from a position in the deck - say 20th. This card is clearly placed on the bottom of the deck. Instantly the card vanishes from the bottom and reappears at its original position from the top - but this time it's face up! Finally the other three matching mates of the selection appears face up in the middle of the deck!
Blending Bullets:
Two Blendomatic cards are placed aside (two black Aces). A card is chosen (e.g. Ten of Hearts), returned to the pack and the pack shuffled. The magician tries to cut the chosen card to the top of the pack but fails, revealing instead, the Six of Hearts. The magician tries again but gets the Four of Hearts this time. Both these cards are placed between the Blendomatic cards and are given a squeeze. The subsequent blend produces the Ten of Hearts.
Campbell's Aces:
Four Aces cleanly placed face down into the middle of the face-down deck instantly turn face up - except for one. This Ace happens to be the same suit as a previously selected card. When turned over, it proves to be the selection.
Immediate Ace Spell:
You hand out the pack to a spectator for shuffling. You now take back the pack and immediately spell to each of the four Aces, with the spectator spelling to the final Ace.
A spectator mentally creates a playing card. When he spells the name of this card he finds the three matching mates. Amazing, as this is, his actual mental selection is now produced from an impossible location!
One Too Many:
A spectator selects s card and lose it back into the deck. With the deck in hands, he now gives you three cards, one by one. But, when you count them you have four. "You must have given me one too many," you say, as you toss one aside. Once again you count the cards but you've still got four! This is repeated several more times. Finally, you place the cards on the spectator's hand whereupon they meld into a single card. This is her selection.
Pass the Sandwich:
Two Aces visibly vanish from the top of the deck - one by one - and reappear in the middle with a previously selected card trapped between. Cool and clever.
The four Queens are shown and placed on the table. Two cards are selected and lost in the deck. The deck is tapped with the Queens and the first selection rises to the top. This card is then placed among the Queens, whereupon it instantly vanishes and reappears inside your pocket. This is repeated with the second selection. As with most of George's tricks, you finish clean.
Roy Walton's Flight Path:
This is Roy's excellent take on the above trick. Here the deck is handled only by the spectator.
Thought Provoked:
Two spectators are each given a small packet of cards. They both look at their cards and think of any one. Each of the thought of cards is revealed in a most surprising manner.
There's plenty of magical content in this. It combines "The Ambitious Card" with "Dr. Daley's Last Trick" and concludes with the Classic Roy Walton "Oil & Queens" ending. What more could one ask for?
Travelling PDQ:
Three selected cards travel to three different pockets. You'll simply love this! George totally fooled me blind with this one.
Three cards are selected and lost into the deck. The two Jokers instantly catch one of the selections. Now both Jokers immediately transform into the remaining two selections. One great & simple move does it all.
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NHL Action Moves On To Conference Finals
By Steve Inskeep • May 14, 2012
Originally published on May 14, 2012 6:44 am
The conference finals are underway in the National Hockey League playoffs. In the East, the New York Rangers will face the New Jersey Devils Monday. In the West, the Los Angeles Kings have won Game 1 — beating the Phoenix Coyotes 4-2.


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February 8, 2012 —
WASHINGTON, DC — There are a couple of different videos circulating on the Internet showing the arrest of filmmaker Josh Fox. He took a camera crew to a hearing of the House of Representatives Subcommittee on Energy and Environment on February 1. The hearing concerned a draft report, issued by the Environmental Protection Agency (EPA), regarding hydraulic fracturing.
Fox was told he was not allowed to film and he was asked to turn off his camera. He refused and was arrested and led away from the room in handcuffs. As this was occurring he said, "This is a public hearing, I'm within my First Amendment rights, and I'm being taken out." Andy Harris, the chairman of the subcommittee, later said that Fox was arrested because he lacked the necessary credentials to film the meeting.
Fox, who was nominated for an Oscar for his documentary Gasland and who is working on a sequel, noted some irony in the arrest. He told the Huffington Post, "Congressional staffers are actually coming in to watch what's going on and they start videotaping! That's why you have a videotape of me getting arrested—congressional staffers all had their iPhones out. And the only one being threatened with arrest is me."
It's unclear if the staffers were required to have credentials; the subcommittee did not respond to an email requesting clarification. After the arrest, however, the subcommittee posted a press release on their website saying, "Personnel providing coverage by the television and radio media shall be currently accredited to the Radio and Television Correspondents' Galleries.
The individual removed was not accredited by the House Radio and TV Gallery and had refused to turn off his camera upon request by Capitol Police."
Fox later told Amy Goodman on Democracy Now he wanted to film the meeting because "what was going on there was a clear and brazen attack on the EPA, and on the meticulous three-and-a-half year investigation that took place in the small town of Pavilion, WY to expose a link between fracking and groundwater contamination."
In fact, the committee did criticize the report in a press release issued after the meeting. It said, "Witnesses highlighted a number of concerns with EPA's December 8, 2011 draft findings, including the failure of the agency to adequately consult with state and federal experts, the release of conclusions prior to adequate peer review, lack of adherence to information quality guidelines, a lack of data transparency, and sampling and monitoring well issues that call into question many of the results."
The press release also quoted Tom Doll, State Oil and Gas Supervisor at the Wyoming Oil and Gas Conservation Commission. "The EPA conclusion that hydraulic fracturing caused groundwater contamination is limited to the data found in a single sample from single monitoring well located on a natural gas field in central Wyoming. Yet this fact is lost in the public reaction to EPA's announcement and results in a worldwide damnation of hydraulic fracturing."
But this was also in the press release, "Jim Martin, regional administrator of EPA's Region 8, described EPA's preliminary findings as indicating that 'groundwater in the aquifer contains compounds likely associated with gas production practices, including hydraulic fracturing.'"
Fox's arrest seemingly brought the hearing much more attention than it would have otherwise achieved: there are more than 400 reports from various news outlets available in the Internet. Fox told Huffington Post, "If it weren't for the campaign contributions going to the Republican Party on behalf of the oil and gas industry, I would not have been arrested."


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A Viral YouTube prank created by Virginia teens catches the attention on local authorities.
Click here to watch the Viral Gallon Smashing Prank that is under investigation.
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Use plugins to play audio, video, games and more
Plugins are Firefox add-ons that manage Internet content that Firefox is not designed to process. This article describes how to use and manage plugins in Firefox.
Table of Contents
What are plugins?
A plugin is a piece of software that manages Internet content that Firefox is not designed to process. These usually include patented formats for video, audio, online games, presentations, and more. Plugins are created and distributed by other companies.
Popular plugins
For instructions of how to install, use, and troubleshoot plugins in Firefox, see the articles below:
How to update plugins
Plugins involve using code written by third-parties, so it is critically important to keep your plugins up-to-date. A security vulnerability in a plugin you have installed could compromise your privacy.
To check if any of your installed plugins are out of date, visit Mozilla's Plugin Check & Updates page.
Managing plugins
To see what plugins you have installed:
At the top of the Firefox window, click on the buttonOn the menu bar, click on the menuAt the top of the Firefox window, click on the , and then click menu . The Add-ons Manager tab will open. Click the menu button and choose . The Add-ons Manager tab will open.
- In the Add-ons Manager tab, select the panel.
To disable a plugin, select a plugin in the list, then select. Disabling a plugin will turn it off without uninstalling it. To re-enable it, select .
Uninstalling plugins
- Visit the article above that corresponds to the plugin you want to uninstall for instructions.
- For instructions on how to manually uninstall a plugin, see Manually uninstalling a plugin
If you have problems with Firefox, they may be caused by a plugin or combination of plugins. For help on how to diagnose plugin problems, see Troubleshoot issues with plugins like Flash or Java to fix common Firefox problems.


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Argentina 'holdout' fund to open in London
Aurelius Capital Management LP, one of the US hedge funds whose long-running legal battle over bond repayments tipped Argentina back into default last month, is to open an office in London.
Aurelius was founded in 2005 by its chairman, former Elliott Management executive Mark Brodsky, and now manages roughly $4.5 billion in assets. The firm is based in New York, but is now eyeing the launch of a second office, in the UK.
Two new companies, Aurelius Capital Management (UK) LLP and Aurelius Capital (UK) Ltd, were registered at Companies House on August 6, and a spokesman for Aurelius Capital Management LP confirmed: "Aurelius plans to open an office in London early next year."
Argentina defaulted on its debt in 2001, four years before the foundation of Aurelius, which bought debt outstanding from the default. While other holders of Argentine bonds have agreed to exchange their defaulted debt for new, discounted debt in a restructuring, Aurelius and Elliott Management's NML Capital unit are among a minority of investors that refuse to do so. They have pursued Argentina through the US courts to demand full repayment of their defaulted bond holdings and have become known as the "hedge fund holdouts".
A New York district court ruled in 2012 that Argentina could not pay current holders of its restructured bonds until it compensated the holdouts. The refusal of the US Supreme Court in June to hear an appeal, together with Argentina's failure to reach a deal in last-ditch talks with the holdouts, meant that it stood in default last month on some of its debt after missing the deadline for an interest payment.
Aurelius said in a statement last week on the status of talks: "In addition to our exhaustive efforts to settle with Argentina, we have engaged with many private parties about a "private solution" that would avert or end the present event of default on tens of billions of dollars of Argentine sovereign debt. That engagement has convinced us that there is no realistic prospect of a private solution. No proposal we received was remotely acceptable."


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my DD is 12 days old....in the hospital i nursed her in the middle of the night without a proper latch so got a bad start with blistering and bleeding. The nurse corrected it the next am, and I thought the pain I was feeling was due to the external damage I had done. I kept nursing, with proper latch and even as the wounds healed, the pain continued and got worse. no thrush, no infection. The orig nurse, her pediatrician, and the Lc we called in all said the latch is fine now and our positioning is great. the LC had me pump on one side, saving the milk, letting the breast heal and rest while i breastfed on the other. after 4 days it felt much better and I started dd on the pumped breast. the first 2 feedings were fantastic--no pain or almost no pain! then it got worse..until that night it was worse than before. now both are agonizing and I dont know what to do.
The LC wants me to pump and feed her breastmilk from the bottle, but I really dont want to do this so young, i am afraid she will not take the breast after. I also wonder if the pain won't just come back, regardless of the time off.
LC did say that DD has a veyr strong suck/grip.... I notice often my nipple is flattened when she releases it. No new blisters. Lc also thnks that this si a case of me having sensitive skin. I am telling you the pain is veyr severe, I cry and swear nearly every time! I do have cfids and fibromyalgia and I am wondering if this illness is contributing to the pain reaction. if youre not familiar, cfids and fibro cause my body to react to pain quite severely---even a light touch can be painful in the wrong spot during a flare-up. just a theory..I am clueless and really frustrated.
any info, suggestions would be great. i use lanolin all the time. massage, still pump every few hours form one breast to rest. Ive tried hot and cool compresses.....please help me!!!! i am terrified she wont take the breast if we switch to pumped milk for a week or more....thanks so much!!!


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I have an additional question about this information which I found on Kellymom:
Once the milk becomes sour or rancid smelling/tasting, there is no known way to salvage it. However, newly expressed milk can be stored by heating the milk to a scald to inactivate the lipase and stop the process of fat digestion. Scald the milk as soon after expression as possible.
To scald milk:
Heat milk to about 180 F (82 C), or until you see little bubbles around the edge of the pan (not to a full, rolling boil).
Quickly cool and store the milk.
Scalding the milk will destroy some of the antiinfective properties of the milk and may lower some nutrient levels, but this is not likely to be an issue unless all of the milk that baby is receiving has been heat-treated.
My question is: Can this scalding be done after my EBM has been chilled in the fridge? My milk gets that soapy sour taste after it has been frozen or after about 3 days in the fridge. I pump at work and have to chill the milk right away - having no way of scalding it here. It is always sweet and fresh for the first couple of days of refrigeration. My goal is to keep less than 3 days supply chilled and unfrozen at all times, but occasionally I'll have to freeze some, so I'll need to scald it after chilling but before freezing, is this ok?
Lastly, can the scalding be done in a normal steel pan, or some specific material?


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23 August 2011 16:52:49
New redesign implementedposted by Dark0ne Site NewsIf you're reading this then you're looking at the new Nexus site design. If this is a surprise to you then sorry! I've been keeping people informed through the site news and blog posts over the past few months so try and check in every now and again and see what new stuff is getting added to the sites.
This new design is the combination of many months of hard work between myself and a professional web designer trying to get things, to start with, how I wanted it and then following some constructive feedback from the community, tweaked more towards how you want it.
Before you huff, and you puff, and you blow my house down please know that this is just the start: a starting place from which myself and others can work from. A necessary first step. Over the course of the coming days, weeks, months (and dare I say it, years) the design is going to be tweaked, fixed, updated, expanded and improved so this isn't the end, it's just the start.
You see, the sites are growing. A new format for the sites was needed so that someone much better than myself at coding could come in and provide you with some great new features and services. When I first launched TESNexus my scope and vision only extended so far, now, the old design has been presenting a major stumbling block to my current and future plans. Think of it as building extensions on a house; there's only so many extensions you can put on to a house and only so far the original foundations run before you become strapped for room to expand and improve. Once you run in to this snag it's much simpler to start from scratch and rebuild things bigger, better and stronger for the future.
There's lots of work still to go and I've no doubt that some of you are running in to a few issues which I'd really like to hear about (so I can fix them!), so get in contact if you're experiencing problems. I've tried my hardest to make the new design compatible with all the major browsers out there. A note on this: IE7 is not supported (please update your 5 year old web browser!) and the sites will not display correctly in IE9 compatibility mode (as it shows sites how IE7 would display them). If you have IE9 and the site isn't looking right for you then turn off compatibility mode for the Nexus sites.
Some bugs from the old design have been fixed and a few small features added in this version of the redesign. Here's the changelog:
- Members with editing access to files now get borders on their comments like the file uploader
- You can now rep a post if you've neg-repped it, or neg-rep a post if you've repped it (originally once you'd given reputation you couldn't change your mind)
- The time limit for having your images displayed in the "Hot files" on the site index has been reduced from 21 days to 7 days (except on The Witcher Nexus, which has a limit of 28 days) to provide a greater variety and change to the files from day-to-day
- Changed the timer for rating files from 3 hours to 1 hour and changed it so it checks the time against your first download, not your last download of the file
- Negative endorsements have been removed
- A link to the change log for files will only show if the author has provided a change log
- The video that plays for normal members before downloading a file will now only show once every 4 hours
I understand if you're not a massive fan of the new design. The Nexus sites kept their design for 4 years and change is never easy. But give it some time, and look forward to the future. Because I am, and with good reason. Happy 10th Birthday, Nexus. Just be glad I didn't give you a hat...


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Ian Shaw - vocals and piano
Phil Ware - piano
Dave Redmond - double bass
Kevin Brady - drums
Guy Barker – trumpet
BBC Award-winning vocalist, IAN SHAW, returns to the club that played an enormous part in launching his jazz singing career twenty years ago (Ronnie Scott was a big Shaw fan and indeed put together a list of songs from his childhood years for an album "The Echo Of A Song"). Hereturns for four shows with the firebrand Dublin-based THE PHIL WARE TRIO, with the hugely popular trumpeter, GUY BARKER as his special guest. The evening promises to be a powerful and entertaining musical journey, from Cole Porter through Ray Charles, Joni Mitchell and Bacharach to some burning brand new arrangements of classic songs.Also, expect exclusive band arrangements of songs from Shaw's brand new album release A GHOST IN EVERY BAR, The Lyrics Of Fran Landesman.
"one of the UK's most honest and musical jazz vocalists" (Guardian)
"the gifted, technically awesome and theatrically witty singer puts his improvisational skill and gambler's instinct to work on everything" (Guardian)
"Best Jazz Vocalist" at the BBC Jazz Awards in 2007 and 2004, Ian Shaw has already amassed a number of highly acclaimed albums and is a popular performer both in the UK and the US. An incredibly colourful character, he has been cited, along with Mark Murphy and Kurt Elling, as one of the world's finest male jazz vocalists.
In the summer of 2010 Shaw joined an historical legacy of artists and recorded his first Abbey Road studio album. Using a personal blueprint connection in the shape of legendary bassist Peter Ind, Shaw and his young guitarist collaborator, David Preston, assembled a stellar, international, cross-generational band resulting in a recording that led Jamie Cullum to say "the incomparable Ian Shaw… absolutely fantastic" and reflects Shaw's position as one of the world's leading jazz singers.
His acclaimed 2006 album "Drawn to All Things - the songs of Joni Mitchell" saw him "Praised far and wide as the single greatest male jazz vocalist Britain has to offer" by Jazz Times. This was followed in 2008 by the autobiographical collection co-penned with David Preston, "Lifejacket", also on Linn Records. In 2009 Shaw recorded his long-awaited solo album, "Somewhere Towards Love" (Splash Point Records) which continues to represent beautifully his increasingly popular solo shows.
Shaw's career in performance began unusually for a jazz musician on the Alternative Cabaret Circuit, alongside such performers as Julian Clary, Rory Bremner and Jo Brand. Shaw was spotted by Dave Illic, jazz critic for City Limits and was described as "the voice of the decade".
During the next few years Shaw moved from the singer-pianist format to working with his new band to an eventual move into jazz. Shaw has toured extensively in the UK - regular venues include the Purcell Room, Queen Elizabeth Hall, Blackheath Concert Halls, Ronnie Scott's, The Vortex, the Jazz Café and The Barbican. Ian has played at all of the major jazz festivals in the UK including Cork, Brecon, Liverpool, Birmingham, Edinburgh (where he was nominated for a Perrier Award), Grimsby, Glasgow, Cheltenham, Scarborough, Swanage and St. Ives.
In Europe he has proved popular in France, Germany and Italy with numerous live appearances. He has also performed regularly in the States including Jazz at the Lincoln Center (New York), Cine Grill (Hollywood), the Fairmont (Chicago), The Nest i(Washington DC), Fez Club (New York), the Ellington Church (New York), the Pasadena Auditorium (California), the Miami Film and Music Festival and the Arizona Jazz Party. He has also performed at the Hanoi Opera House and Ho Chi Minh City Opera in Vietnam.
His appearances on TV include guest slots with Jools Holland, Top of the Pops, The Jack Dee Show, Christmas Night with the Stars (BBC), C4's The Happening, TVAM, BBC Breakfast Show, BBC 2's A Night of Love, BBC 2's Jazz at the 606 and, more recently, numerous appearances on the Performance and Artsworld channels.
Collaborators over the years have been many and include Quincy Jones, Abudullah Ibrahim, Guy Barker, Kenny Wheeler, John Taylor, Iain Ballamy, Mornington Lockett, Barb Jungr, Cleo Laine, John Dankworth, Cedar Walton, Joe Lovano and Joe Beck. Shaw's ongoing and highly popular collaboration is a celebrated duet show with Claire Martin, the UK's finest female jazz singer - he guested on her 2002 album "Too Darn Hot!" (Linn AKD 243). Together they have toured the world in an intimate duo setting with Shaw playing piano and with the BBC Big Band. They co-hosted the 2004 BBC Jazz Awards.
Shaw was, for some time, the presenter on BBC Big Band Special on BBC Radio 2 and is also a regular on BBC Radios 2, 3 and 4 and the recently revamped JazzFM. He can also be heard on the new Ronnie Scott's radio show streamed through their website.
This year, 2011, Shaw has joined Rory Bremner and comedian Hattie Hayridge on a UK stand-up tour where Shaw has firmly returned to his roots by performing a mix of comedy and original songs.
One of his recent songs, "Somewhere Towards Love", has been a radio favourite, chosen by both style icon, Molly Parkin, on her Desert Island Discs (BBC Radio 4) and by fellow performer Julian Clary on the Jules Holland Show (BBC Radio 2).
Shaw's 2008 album on Linn Records "Lifejacket" cements his growing reputation as a fine song-writer as well as a great jazz singer.


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A new report by the nonpartisan Wisconsin Taxpayers Alliance may explain why some Republican lawmakers have been outspoken in opposing Gov. Scott Walker's budget that would freeze spending increases for public schools.
The report released Wednesday found that of the state's 424 public school districts, 49 had lower revenues this year than a decade ago. Of those, about two-thirds are in Republican Senate districts.
Schools had been allowed to raise spending every year until Walker cut the increases in his last budget for the first time in state history. He wants to freeze it for the next two years.
The report states a majority of Republican senators represent areas with school districts that have seen little growth or declines in their revenue limits over the past decade.


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Wildoak Living Mon Sep 22 at 9am: WATER SAVING SECRETS & THE CELLO TROUBADOUR
Tune in to WILDOAK LIVING, the radio program about living sustainably and building community in Mendocino County and beyond.
On Monday, September 16 at 9:00 AM Pacific Time:
My first guest is master gardener Louisa Aronow. We will talk about a workshop coming up in Ukiah
to learn how to grow vegetables, fruit trees, herbs and flowers and have a beautiful yard using drip irrigation,
legal grey water systems, mulch, and water thrifty plants. The event is sponsored by UCCE Mendocino County Master Gardeners
and the City of Ukiah Water Utility and includes a walking tour of some water saving gardens in Ukiah.
My second guest is "The Cello Troubador" Daniel Sperry. Daniel Sperry creates musical portraits that combine
the haunting beauty of the cello and selected poetry by Rumi, Hafiz, William Stafford, David Whyte, Pablo Neruda and others.
Daniel is an innovative, genre-stretching cellist, composer, and evocateur from Ashland, Oregon, who performs poetry along with his original music,
opera arias, and standards. He is presenting an afternoon of inspirational music and poetry on Sunday, Sept. 22nd in Ukiah.
More info about my guest and the program topics:
You can listen to KZYX (Mendocino County Public Broadcasting) on the radio at 88.1, 90.7 and 91.5 in Mendocino County and in
Northern Sonoma, Western Lake and Southern Humboldt counties.
Listen live every other Monday at 9am Pacific Time on KZYX and on the web at www.kzyx.org
Listen anytime to archived programs and find more information about topics and guests at www.wildoakliving.org
Please support your public radio station.
You can donate to KZYX and become a member at www.kzyx.org
Thank you for listening to Wildoak Living
and for supporting public/community radio!


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CNJ Staff Photo: Gabriel Monte John Mueller performs Buddy Holly's song, "That'll Be the Day" during the Buddy, Roy and Elvis tribute show at the Clovis Civic Center as part of the the Clovis Music Festival.
By Tonya Fennell: CNJ Staff Writer
The music and legend of Buddy Holly changed Dave Tobin's life.
Tobin, a 67-year-old native of England, attended the Clovis Music Festival for the first time in 2001.
"I've always been a Buddy Holly fan," he said. "I came (to Clovis) to fulfill a dream."
That initial trip prompted the father of two to retire from his job with the Ford Motor Co. after 37 years, sell his home and relocate to Lubbock.
Since moving to Texas, Tobin said he has immersed himself in music. He attends South Plains College in Levelland, Texas, where he is studying video production technology.
According to Clovis/Curry County Chamber of Commerce spokeswoman Liz Eisenbraun, the Clovis Music Festival draws visitors from around the world.
Tobin, whose nickname is "English Dave," said his entire life is filled with music now. He sings, plays guitar, harmonica and several other instruments in two bands. "We don't play Buddy Holly music," he said. "We play old time country like Hank Williams."
But, Holly's music will always have a special place in Tobin's heart. "I've been a fan since 1957 when I first heard, "That'll Be the Day," he said.
And when he isn't attending classes or singing in the choir, the music lover said he volunteers with the Visitors Bureau of Lubbock giving tours and greeting visitors.
Tobin said he has become "good friends" with Holly's family and attends the same church the rock 'n' roll pioneer attended in his youth.
Clovis Music Festival attendee Chris Howe, who lives in Oldham, England, is making his second trip to the United States in less than a year.
"I visited Lubbock in March," Howe said, "and then I heard about the Clovis Music Festival, so I had to come back."
Howe said he "emptied out the piggy bank" to make the trip. "I've traveled 6,000 miles to be here," he said, "and it was worth every mile."
Although Howe traveled specifically to attend the music festival, he said he has fallen in love with Clovis. "This whole place rocks," he said. "Everybody is just so nice."
Both men, who have become "fast friends" due to their common interests, said they are enjoying the event and looking forward to the evening shows.
"It's (Clovis Music Festival) brilliant from start to finish," Tobin said.


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Dessert CAN Make You Happy
Dear readers, let us all agree that the game is the game. It's balls and strikes, it's first to third, it's infield shifts and 3-0 green lights. From Baltimore to Fresno to Okinawa to Calgary, baseball is a game. Or rather, baseball is the game.
Yet we follow it for the people.
Without the story lines, Kirk Gibson's homerun is just another homerun, Derek Jeter's dive into the third row is just a catch, Adam Wainwright's curve to get Inge swinging is simply, just a curve. Stories make these plays so momentous, so glorious, so gut wrenching.
We wouldn't have it any other way.
So you can imagine my excitement at getting to meet Tom Walsh from the Rocky Mountain Way, a fellow baseball blogger with a commitment to the game, to its people, while his journey brought him to Chicago last Monday evening.
I took him to Beiguo, a gem of a Chinese restaurant in my Bridgeport neighborhood where they know me as that "baseball guy", deep in the heart of the Southside. Hearing Tom's stories about the fascinating people he has met and the powerful stories they have shared during his cross-country trek following the game reminded me exactly why baseball is the greatest game on earth.
It brings us together.
With baseball as my loyal ally, fellowship with like-minded fans, familiar or strange, is never difficult. Whether you live in Taiwan or Tacoma, we, as baseball people can always share in the power, the memories, the communitas that is the game.
Sure, if you wear your Cubbie blue and I wear my Cardinal red there's a chance we might argue a bit, disgrace both of our mothers and end up in the hospital, drunk, but in the end, you'll shake my hand and I'll shake yours. Because we're baseball people. And baseball people are the best kind of people.
Full of cumin spiced lamb, Yangzhou fried rice and a keener sense of Todd Helton, I wished Tom well on his journey and as he drove off west I looked down and realized my fortune cookie was unopened. Quickly, I snapped it in two, grabbed the small strip of paper, held it to the light and read:
(Image courtesy of Tom Walsh)
21 Comments
You know, Pokey Reese had a great catch earlier in that game that Jeter made his highly touted diving in the stands grab. Pokey's was very comparable, but foul. NO ONE ever talks about that. Because it's freaking Pokey Reese, and not Derek Jeter. Yes, I am yelling 🙂 I do respect what Jeter does, but that Reese catch was great too. And an out can be looked at as an out right?
Note to self: when wandering the South Side of Chicago when I get back (not by myself as I get lost easily), ask Jeff about good Chinese places. 🙂 Sounds like you and Tom had a great time. And you're so right about baseball people being the best kind of people.
Joe — Thanks for the enlightenment. I had no idea. You make a good point… still, you help prove my point, that without the backstory (Jeter being Boy Wonder to many) it wouldn't be that great of a grab. Right?
Jen — As long as you don't wander too far past 35th street by yourself you'll be fine. The Bridgeport neighborhood is a fine, fine place to live, be and frolic! Oh yay-er!
Jeff…great post! That's all I got. You said it all. (Oh, but I will always remember where I was when Kirk Gibson hit that homer. Kinda like OJ's car chase. Just one of those moments that sticks with you.)
Baseball people are the best type of people! It's great that you got to meet Tom!
Lori — Thx for the kind words. Yes, OJ I remember well too. I thought it was a race.
Julia — Thanks and yes it was!
That's a good fortune. I only ever get the grammatically incorrect ones…
Shiny post, Jeff!
IBDB — Plenty of those to go around. My fav: "You successfully in all your things"
Jonestein — Just the way I like 'em!
Glad you got to hang out with Tom! On Father's Day I saw a guy at Coors Field who had a shirt that said, "I'd rather be at Wrigley" and I thought, "So… it could collapse on you…?" and then I thought of you. Baseball people really are the best kind of people.🙂
Emily, for the sake of Cub fans, I only wish to see Wrigley fall while empty… and during the playoffs of course.
Wow, that's a great entry! Baseball does really bring people together. It's amazing. Check out my blog's birthday entry!!
Kaybee — Happy Birthday, Blog!
Glad you and Tom had a get-together over baseball and Chinese food. What could be better? My favorite word of your post? "Communitas." Now that's deep.
Haha. Thanks, Jane. Yeah, a little something I learned (and retained) while reading copious amounts of Victor Turner texts during my college days. Who said a $100K education isn't worth anything?!
Very well put…but suddenly, I feel the urge to go eat a donut. :O)
No shame in that, Jen. Chinese food often makes you hungry shortly after eating it.
Dillon — ME TOO!!!
That guy Tom sounds like a tool. Maybe if he kept up more on Alyssa Miano's blog he'd be alright and maybe if he bought MLB tv too. But like the sucka he is, he probably knocks on Selig. Hope he had heartburn from the Chinese or something.
Jimmy whippersnappers
LOL. Yeah, you pretty much summed him up there, Jimmy. (Wink, wink).


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I'll Gladly Pay You Tuesday For A Starting Pitcher Today
Well, I don't know what is cooking in the Phillies front office these days, but I sure hope it is more than hamburgers! After another artery-clogging
performance by Adam Eaton today, it is painfully obvious that the Phils are desperate for starting pitching. Without enough cooks in the kitchen, we are going to wind up starting a 5-alarm fire and watch this team go down in flames! Eaton only went 3.2 innings and gave up 8 earned runs on 7 hits, 3 walks and struck out 4. The real damage came when with two outs in the 4th, he gave up a double to the pitcher, Randy Johnson! Instead of getting out of the inning, the D-Backs went on to score 7 more runs. What a disaster!
The only bright spots of the day came off the bat of the Flyin' Hawaiian, Shane Victorino who popped not one, but TWO home runs off the Big Unit, Randy Johnson, who looked less than pleased about it. Those homers accounted for 3 of the 4 Phillies runs in the 10-4 blow-out loss today. The only other run was knocked in pretty much by accident by rookie pitcher RJ Swindle whose bat just happened to magically find the ball, scoring Eric Bruntlett from 3rd base. Bruntlett filled in for Chase Utley who had the day off to rest and, as it turns out, he did not miss much.
Tomorrow afternoon, the Phillies will have one last chance to go out before the break on a high note with Cole Hamels on the mound facing the ace of the D-Backs, Brandon Webb. It is also "Hawaiian Day" at the ballpark, which having been there last year, I can tell you is a lot of fun. They are giving away the Shane Victorino bobble heads again for the kiddies. I will be going again this year and if you remember last year, Shane hit a walk-off home run to end it last year…can we hope for more of the same in 08? Well, I'd even settle for a blow-out win… J
And remember to stay tuned for my All-Star week coverage! I'll be going to Fan Fest Monday morning and then to the Derby Monday night. Then it is off to the Red Carpet Parade on 6th Ave. on Tuesday J I will be covering all events as I am able to get back to my laptop and upload photos. Hoping to have some coverage of tomorrow's game before then as well. Until then…Go Phillies!
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That's awesome that you're going to the Fan Fest and the Derby!!! Don't forget to bring some produce to throw at David Wright, Clint Hurdle and (insert random NY fan here)….lol. Have a great time!!
No no no no no. David has nothing to do with this travesty of injustice to Pat. Just throw the produce at Clint Hurdle. He's the one who deserves it. Just be sure that it is all rotten when you do throw it.🙂 Oh yeah, make sure that one of them hit him squarly in the face.😉 Kidding, kidding. That would just make Clint hate the Phils more. Just boo his *** good when you see him.


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Fencing duties and boundary locations have been the subject of quarrels between neighbors for centuries. This publication is intended to answer Missouri farmers' and rural landowners' questions regarding such duties and rights.The solution to most fencing problems lies in a cooperative attitude with neighboring owners. Where an honest difference of opinion exists, this publication may help to resolve it. However, this is not intended as a substitute for an attorney's skill and advice. When a dispute arises or seems likely to arise, consult with your attorney.
If you don't have an attorney, check with friends in the community for their recommendations on an attorney. Another aid to locate an attorney is the Missouri Bar website, http://www.mobar.org/. Or try the Martindale legal directory website, http://martindale.com/Home.aspx.
Missouri's first fence law was enacted in 1808 while Missouri was still within the Louisiana Territory (Missouri became a state in 1821). It required landowners to fence out the neighbors' livestock (open range). If a landowner constructed a "lawful fence," then he had certain legal remedies against the owner of trespassing livestock:
The procedure for determining the actual damages was to approach the local justice of the peace, who would appoint three householders of the neighborhood to serve as fence viewers to determine whether the fence was lawful and the extent of the damages. To be a "lawful fence," it had to be at least 5 feet 6 inches high, and supported by strong stakes "strongly set and fastened in the earth so as to compose what is commonly called staking and ridering." (Territorial Laws, page 197, Section 1, enacted Oct. 27, 1808) This territorial law of 1808 was reaffirmed by the Missouri Legislature in 1824. (Missouri Laws of 1825, pages 428-429)
In 1877 the Missouri fence law expanded the definition of "lawful fence" and lowered the fence height minimum to 4 feet. The remedies available to the damaged landowner were altered to include "other stock" which trespassed and not just "any horse, gelding, mare, colt, mule or ass, sheep, lamb, goat, kid, or cattle...." No longer could the landowner kill and dispose of trespassing livestock on the third and subsequent trespass. Now the landowner could on the second and subsequent trespass take up the livestock (distrainment) and require payment for their upkeep.
The 1877 fence law addressed division fences for the first time. It allowed a landowner who presently had or who constructed a lawful fence "enclosing the land of another" to obtain one-half the division fence costs from the neighboring landowner. Each would then own an undivided half in the division fence. Each was required to maintain his portion of the fence, but no right-hand rule was mentioned in the statute. Disputes were to be resolved by the justice of the peace appointing three fence viewers, who each were to receive one dollar per day.
Double damages under the 1877 law were permitted if the division fence owner failed to keep his fence portion in good repair. Removal of a division fence required the consent of all the fence owners, although there was a special six-month written-notice provision, which allowed the removal (at the end of the six-month period) of all or part of a division fence owner's fence portion.
In 1889 Missouri amended its fence law (Sections 65.5032 to 65.5056) to include barbed wire and set standards for fences made of boards and posts. Barbed wire fences were to have posts not more than 16 feet apart and to have three barbed wires tensely fastened to the posts. The upper wire had to be "substantially four feet from the ground." A board-and-post fence had to be at least 4.5 feet high with posts no more than 8 feet apart.
In 1919 the Legislature changed the procedure for removing a division fence, keeping the requirement of consent but eliminating the six-month-notice provision that would have allowed removal. Another 1919 provision said that a division fence builder did not have to give notice to the neighboring landowner before building his half but could go ahead and build it and then get reimbursement for half the construction costs.
In 1963 the Legislature enacted major changes in fence law by authorizing the "local option" fence law (Chapter 272.210 et seq., 1963). Adoption of the local option for a county required a majority vote at a county election. The issue could be put on the local ballot either by motion of the county court or upon the petition of 100 real estate owners of 10 or more acres in the county. As discussed below, the major differences between the general county fence law and the local county option changed the definition of lawful fence, allowed only actual damages rather than double damages, and limited the forced contribution from neighboring landowners to one-half the value of a fence of four barbed wires with posts 12 feet apart (no matter that a more expensive division fence is built).
Missouri finally did it! After more than 20 years of bills being introduced each legislative session, the General Assembly passed and the governor signed into law major changes to Chapter 272, Missouri's fencing statute (http://www.moga.mo.gov/mostatutes/chapters/chapText272.html.)
The major changes are only for "general fence law counties," not those counties that have opted (or will opt) by local election into the "optional county fencing statute" (found in the same Chapter 272, but in the latter half, beginning with section 210).
Under either the old (pre-Aug. 28, 2001) or new Missouri fencing statute, neighboring landowners are free to agree on a novel arrangement for contributions, construction, or maintenance of division fences. As discussed below, such agreements should be in writing, signed, notarized, and recorded against the land title of all landowners sharing the division fence. Any validly recorded written fencing agreement in existence before Aug. 28, 2001, will continue to be enforceable under the new fencing statute.
Division fences in existence before Aug. 28, 2001, are not grandfathered under the old statute. If no valid written and recorded fencing agreement exists before that date, the fencing rights and duties will be defined under the new statute. For example, if your neighbor had not paid for half of an existing division fence, under the new fencing statute, he won't have to unless he has livestock running against it. If he had paid for half and was maintaining half, the neighbor may arguably discontinue maintenance of his half if he isn't running livestock against the division fence. The new statute does not go into this particular situation, so you may have to seek clarification from the associate circuit court (or perhaps in the Small Claims Court, as the same judge sits in both courts).
Under the old statute, you could have taken the neighboring landowner to the associate circuit court to obtain reimbursement for half the fence costs, as well as require that the neighbor maintain half the division fence.
In both the new and the old statutes, neighboring landowners are free to bind themselves contractually to fencing provisions different from those in the statute. See Chapter 272.090 (http://www.moga.mo.gov/mostatutes/stathtml/27200000901.html) of the new Missouri statute. And this includes agreeing that no division fence is needed. See Chapter 272.134 (http://www.moga.mo.gov/mostatutes/stathtml/27200001341.html) of the new Missouri statute.
The three-fence-viewers approach remains in the revised law as the associate circuit court's mechanism to settle disputes. See Chapter 272.040 (http://www.moga.mo.gov/mostatutes/stathtml/27200000401.html) of the new Missouri statute. Each fence viewer is to receive $25 per day, and such costs are to be shared equally by the neighboring landowners. The fencing statute is simply a default provision for those situations where the neighbors cannot reach agreement.
When you and your neighbor reach an understanding about what type of division fence to build and who is to build and maintain which portion, put it down in writing, sign it, and record it against the land title (county recorder's office) of all neighbors signing the fencing agreement.
Verbal agreements won't work, as they violate the statute of frauds, which requires that agreements dealing with land and those taking longer than one year be in writing to be enforceable in court. Furthermore, only recorded written agreements will bind successor owners (buyers, gift recipients, and heirs).
The liability of the livestock owner depends on whether the animals crossed an "exterior" or a "division" fence. An exterior fence is one that is not within a common enclosure. A fence along a public highway is an exterior fence. Division fences, on the other hand, are fences that separate adjoining landowners.
Where animals cross one or more exterior fences (or unfenced exterior boundaries) before entering a neighbor's farm, the animal owner is probably liable for all damages that may arise on that farm and the livestock can be distrained. This results from the Missouri statute that places the duty to fence in animals on the animal owner (closed range, as opposed to the former "open range"). The livestock owner's potential defense to avoid liability includes arguing that the livestock escaped through no negligence on his part, as he kept a good fence and regularly fed and checked on his livestock. Another defense argument might be that "acts of God" (force majeure) were intervening and unforeseeable forces causing the livestock to escape, such as a storm knocking trees down onto fences, or dogs chasing the livestock through the fence. For more information on Missouri's statute requiring livestock owners to restrain their livestock from running at large. See Chapter 270 (http://www.moga.mo.gov/mostatutes/chapters/chapText270.html) of the new Missouri statute.
When livestock cross a division fence, the measure of damages for the first trespass is the true value of the damages sustained, together with costs before a magistrate. See Chapter 272.030 (http://www.moga.mo.gov/mostatutes/stathtml/27200000301.html) of the new Missouri statute. For any subsequent trespass by livestock through a division fence, the injured party may distrain them. The injured party must immediately notify the animal owner, who shall pay the amount of damages sustained plus reasonable compensation for taking up and keeping the animals. If the parties cannot agree on the amount of damages and compensation, either party may complain to the circuit court of the county to settle the action in court. If the animal owner wins, he or she shall recover costs and any damages sustained, and the judge shall issue an order for the return of the animals. If the person who distrained the animals is allowed recovery for actual damages, compensation for keeping the animals and court costs, the judgment shall be a lien on the distrained livestock.
Fence boundariesBoundary location disputes usually arise in connection with rebuilding or relocating old fences. The principle referred to as "squatter's rights," properly called the doctrine of adverse possession, then becomes important. This legal doctrine provides that someone in possession of land continuously for a period of 10 years may receive absolute title to the land if his or her possession was adverse to the interests of the true owner. The court and jury will decide.
It may require a "quiet title" lawsuit to decide whether all five elements of adverse possession are present in any given factual situation. If the possession is
The usual case of adverse possession is one in which the adverse possessor does not have guilty knowledge that he is on another person's land. Typical adverse possession lawsuits involve innocent construction of fences off the true boundary line. It doesn't make any difference (under Missouri law) whether the adverse possessor (really just a "trespasser") paid or did not pay the real estate taxes on the land being claimed under adverse possession.
Keep in mind that if a title is acquired by adverse possession, it can be made "marketable of record" only after either a court has rendered judgment that all the requirements of the doctrine of adverse possession have been met, or the neighboring landowners have given each other signed, notarized, and recorded quitclaim deeds. The "quitclaim approach" is basically a settlement out-of-court and should be done with legal advice.
The question of where the boundary runs when land borders a stream may arise when water, gravel, mineral or recreational rights are disputed or when a stream changes course. The location of the boundary and the adjoining landowner's rights normally depend on the legal classification of the stream at the point in question. In Missouri, riparian water (natural watercourses or lakes) may be classified as
A landowner adjoining a public nonnavigable stream has the right to remove sand and gravel from it. However, his or her ownership rights are subject to the public's right to use the stream itself for recreational purposes.
Example 1A's cow gets into B's cornfield and causes substantial damage.
Example 2A owns 40 acres of land adjoining that of B. The division fence is in poor condition, so A builds a new one but mistakenly builds it 10 feet beyond the true boundary. B objects but A does not move the fence. Twelve years later B's successor in title sues A.
Now A has a good argument to obtain title by adverse possession because his possession was open and continuous for more than 10 years and was adverse to the interests of the true owner — B and his successors in title.
Example 3A and B own farms separated by a small creek. People in the area often use the creek for float trips. A decides to remove gravel from the creek bed. B complains, saying that A has no right to remove the gravel and asks for an injunction to stop A from removing the gravel.
Since this stream can be used for boats and canoes, it would be classified as a public nonnavigable stream. Each adjoining landowner would own the streambed to the center thread of the stream. Therefore, A could remove his share of the gravel. The ownership interests of both A and B are subject to the public's right to use the public nonnavigable stream for recreational purposes like canoeing, fishing and wading.
As of January 2008, 18 Missouri counties are thought to have adopted the Optional County Fencing Statute:
DisclaimerDo not rely upon this publication for legal advice. The material contained in this guide is a general statement of the law. Direct your questions to an attorney. Your attorney can get relevant facts and act on them in your best interest.
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December 19, 1948 was a memorable day for me. I fingered the rich green velvet dress that my mother made for me. I felt so elegant with real lace edging on the collar and silver filegre buttons, as I danced around my grandparents house, the full circle skirt swirling around my legs that glistened with of my first pair of stockings and a new pair of black velvet dancing shoes. Thirteen, self-involved,and unaware of the real importance of this day, I only thought of going to my first grown up party. The occasion was the Golden Wedding anniversary party for my grandparents, Jabez Burns McPherson and his wife of 50 years, Elizabeth Alfreda (Foss) McPherson.
Every night for the weeks before the party, I would take out one of the black vinyl records and place it carefully on our phonograph and dance around our living room. Sometimes, in response to pleas, my dad would be my real life dancing partner. Daddy and mother often went out to dance, which sounded so wonderfully romantic to me. I was sure that I would be asked to dance and have wonderful memories of dancing, my full skirt twirling, and impressing my favorite uncle, Allen, and cousin, Tommy.
A photographer came to take a picture of my grandparents, surrounded by their ten children. Now sixty-one years later, I look at the picture taken that night and memories upon memories flood over me. The darkened dining room of the Casa Blanca Restaurant glittered with twinkling Christmas lights, while a real band played at one end of the room. My parents, aunts and uncles, in their finest dress clothes, danced around the room. My dad danced with me several times. It was a wonderful night.
Back Row,L to R: Harold Lloyd (my father). Marjorie Bryant, Helen Jansky, Betty Enos, Allen Clifford, Lorraine Lippert, Verna Higgins, Clive Walter;
Front Row, L to R. Bertha Clouse, my grand parents Jabez Burns McPherson and his wife Elizabeth Alfreda, Ralph Jabez.
I focus on my grandparents, Jabez Burns McPherson and Elizabeth Alfreda (Foss) McPherson, as they stare back at me from this remnant of that night in 1948. When I was a child, I never thought about them except as my grandparents -- and old. Now I search for clues of who they were when they were first married. For this task, I am fortunate that I had my Uncle Ralph, who gave me letters of memories and stories of my grandparents. Both of my grandparents were born in December; Jabez, my grandfather, was born on December 23, 1872 and Elizabeth Alfreda Foss, my grandmother, on December 12, 1883.
They were married on December 19, 1898, when Elizabeth was but 15 and Jabez was 26. Years later, I was surprised to have one of Ralph's letters indicate that they were married in the spring of the year; however, they always celebrated their anniversary on December 19th. I have often wondered how the 26 year-old Scot met and wooed a young girl of 15, who grew up in a very close knit German family – a family that rarely was far from their 2-acre farm in Madison, Wisconsin.
Ralph tells us of how, in the spring after their marriage, young Elizabeth had one of the most memorable trips of her life. Jabez and Elizabeth, were joined by his parents James Burns & Harriet Elizabeth McPherson, as well as his aunt and her husband, Anne Adamson McPherson and Alonzo Foy, on a trek from Madison to Iowa. According to Ralph's letters, "there were two or 3 rigs of them & the folks (Jabez' parents) had a surrey which is a 3 seat buggy with a hard top & equipped with side curtains." Then, as now, a McPherson will travel hundreds of miles to see family. The McPherson group from Madison was headed to Lawlar County, Iowa to visit Jabez's aunt Jessie Stewart McPherson Watts and her family. What a trip for 15-year-old Elizabeth who had rarely gone more than a few blocks from home.
When I think of my grandparents Jabez and Elizabeth, I always think of them as one, as Grandma-and-Grandpa. As I look at this Anniversary picture, I realize that in all of the pictures that have been taken of them, rarely were they separated. They traveled together from Madison, to Iowa, to Madison, to Minnesota, to California, to Oregon, to California, to Minnesota and back again – always together.
Now when I look at this picture from a long ago night in 1948, I see a sandy-haired Scot smiling at a lovely dark-haired girl; I see them hand-in-hand, the young man showing a whole new world to his young wife; I see them always together, raising their family; and in old age, always together. I am so fortunate to have stories and pictures to follow them through their lives – always together.


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October 1, 2013 —
District Attorney Jim Farrell announced today that Franklin Brinson, aka "Ace-Loc", 21, of Monticello, NY was sentenced in Sullivan County Court to 13 years in state prison and 5 years of post release supervision for shooting another man in the face on November 12, 2012, on Forestburgh Road in Monticello.
Brinson pled guilty to the most serious charge against him, Assault in the 1st Degree, a class B violent felony, and admitted to shooting another man with a handgun, the bullets striking him in the face and the leg. The victim was treated at Westchester Medical Center and has since recovered from his injuries.
The shooting was investigated by Monticello Police and the gun used in the shooting was ultimately recovered. Farrell said that Brinson was a self admitted member of the Crips street gang and the shooting was the product of gang violence.
"Gang violence will not be tolerated in our community and we will bring all of our resources to bear to make sure that those individuals that resort to violence are held accountable and responsible. My office and the Monticello Police Department are committed to rooting out the violence in the Village of Monticello and sending those individuals who engage in this behavior to prison for lengthy periods of time," Farrell said.