I did not leave it out. I have mentioned it in numerous posts. For example:
Nevada Showdown: All Hat, No Cattle (Hurl Alert applicable?)
Tuesday, April 15, 2014 8:56:12 AM · 39 of 115
Mr Rogers to wideawake
A fellow named Hage has fought things in court for as long as Bundy. The court ruled:
“In the present case, the Government’s actions over the past two decades shocks the conscience of the Court, and the burden on the Government of taking a few minutes to realize that the reference to the UCC on the Estate’s application was nonsensical and would not affect the terms of the permit was minuscule compared to the private interest affected. The risk of erroneous deprivation is great in such a case, because unless the Government analyzes such a note in the margin, it cannot know if the note would affect the terms of the permit such that the acceptance is in fact a counteroffer.
The Government revoked E. Wayne Hage’s grazing permit, despite his signature on a renewal application form, because he had added a reference to the UCC to his signature indicating that he was not waiving any rights thereby. Based upon E. Wayne Hage’s declaration that he refused to waive his rights—a declaration that did not purport to change the substance of the grazing permit renewal for which he was applying, and which had no plausible legal effect other than to superfluously assert non-waiver of rights—the Government denied him a renewal grazing permit based upon its frankly nonsensical position that such an assertion of rights meant that the application had not been properly completed....
...The Government has sufficiently proved an ongoing trespass to warrant a permanent injunction, although not so broad an injunction as the Government desires. Defendants are also entitled to an injunction, as outlined, infra. There is a great probability that the Government will continue to cite Defendants and potentially impound Defendants’ cattle in the future in derogation of their water rights and those statutory privileges of which the Government has arbitrarily and vindictively stripped them. There is also a probability that Defendants will continue to permit their cattle to graze in excess of the incidental grazing permitted during stock watering that cannot reasonably be prevented. The Court will therefore enjoin all parties in certain respects and will require Hage to apply for a permit and the Government to grant it...
...THE COURT FURTHER FINDS that the denial of E. Wayne [*192] Hage’s renewal grazing application for the years 1993—2003 was an abuse of discretion, as well as a violation of due process, as the only reason given for the denial was that the applicant noted near his signature that he did not thereby relinquish certain unidentified rights under the UCC, a superfluous condition that cannot possibly have affected the terms of the permit. It is this violation that has led to all of the allegedly un-permitted grazing to date and the BLM’s refusal to offer any permit to Hage himself.
IT IS HEREBY ORDERED that the Government is enjoined from unreasonably interfering with the ability of Defendants Wayne N. Hage and the Estate of E. Wayne Hage to bring cattle to those water sources and attendant ditches in which these Defendants have vested rights to water their cattle as identified herein. The Government may impose reasonable regulations upon access to these water sources, such as specifying which routes shall be used for ingress and egress, if it is necessary to impose such restrictions for legitimate purposes. Reasonable regulations are those that neither prohibit access to the water nor restrict access to the water in a way that unreasonably burdens the ability to access and use the water.”
A more productive course of action might be for the state of Nevada to sue the BLM, arguing the BLM is violating public law by trying to eliminate grazing on public land in violation of federal law.
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And from post 181, this thread:
“The contract ALWAYS allowed the government to revise it at will. The contract never specified XXXX AMU forever. Since the government had the right to change it at will, it had less market value than a fixed contract on private land. It is possible to sue the BLM successfully for arbitrary and capricious changes to an allotment - Hage did, and won.”
This:
Beck Warns Americans Against Falling in With ‘Right’s Version of Occupy Wall Street’ (Bundy)
Tuesday, April 15, 2014 8:39:41 AM · 103 of 201
Mr Rogers to Lou Budvis
“Just when did he come to this brilliant legal conclusion that the land really belonged to Nevada?”
Probably around 1990-1993. There were folks going around telling folks that. One of them, Hage - a guy with more smarts than Bundy IMHO - lost his legal arguments in court last year (his estate, since he died), but the court also said the behavior of the BLM “shocks the conscience of the court”. It pointed out that the BLM went looking for a fight and created a problem where there did not need to be one.
Here:
Bundy Boots the BLM – Is This a Significant Moment?
Monday, April 14, 2014 7:58:58 AM · 33 of 70
Mr Rogers to agere_contra
The current status of the Hage case can be found here:
http://www.scribd.com/doc/144609491/United-States-v-Estate-of-Hage-No-2-07-cv-01154-RCJ-VCF-Findings-of-Fact-Conclusions-of-Law-and-Injunction-D-Nev-May-24-2013
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Hage’s legal theory that the BLM & USFS could not administer land because the feds cannot own it sucks. Sorry, but that is the truth and the courts have consistently applied the law as it has stood from the 1800s - and rejected Hage’s legal theory about the feds owning land.
The court DID, however, also attack the feds for creating a fight where none was needed - as I have pointed out.
Sorry to see you choose to lie again.
You're a King's man.
No outrage, or extensive research about government criminal thugs strong-arming ranchers and intimidating witnesses, but thousands of words attacking little rancher guys Bundy & Hage.
Nary a whisper about the "swarms of Washington Officer-bureaucrats" who fly to Reno "to harass our people, and eat out their substance.":
...with a cadre of agency heads from Washington, D.C., regional and state offices turning up in Reno to defend their policies and employees in court.
No problem with the Lords from Washington blowing a hundred grand or two on a joy-ride to Reno, eh, Mr Rogers?
But HEY!!! "Bundy is a grazing fees deadbeat!!!" "Hage is a grazing fees deadbeat!!!"
Not a word of outrage about Hage facing bogus felony charges for clearing a ditch (Cliven Bundy, however, DID show up to support Wayne Hage at his felony trial).
You had nothing to say about USFS Region 4 Director Harv Forsgren lying to a federal judge.
Yet you could post reams and reams of info about the various Bundy court cases, and the favorite of the government shills, "The Treaty of Guadalupe Hidalgo".
Just go away, government shill.