Posted on 06/10/2008 12:03:43 PM PDT by Captain McAllister
"I won't be wronged, I won't be insulted, and I won't be laid a hand on. I don't do those things to other people and I require the same of them."—John Wayne, The Shootist.
A tenacious group of patriotic ranchers way out West has just won a major victory for property owners nationwide. In Hage v United States, a Claims Court ruled that the federal government may not use environmentalist regulations and bullying tactics to refuse citizens use of their own land without providing them with just compensation. And it’s a story as inspiring as it is instructive.
The Hage family, which had grown up on ranching and was very successful at it, thank you, found itself relentlessly hounded by federal officials, who attacked the family for alleged regulatory violations. Elk released into the region led to the government blocking off sources of water to which the Hage family had rights. And as they say out West, water is gold.
The federal government refused to allow Mr. Hage to maintain irrigation ditches to which he had rights, threatening him with trespassing if he set foot anywhere near them. The Hage’s cattle were impounded and sold – with the government keeping all the proceeds – for the “violation” of allowing cattle to graze on land the Hage’s had leased, and the government subsequently decided was “overgrazed.”
After years of this harassment, the Hage family was forced to leave their land. But as so often happens, the federal government underestimated the tenacity of this western family.
Together with a group called “Stewards of the Range,” the Hage family launched a lawsuit against the federal government for compensation (as directed by the 5th Amendment in the Bill of Rights) for the land from which they were forced to move. Immediately, prominent environmentalist organizations such as the Sierra Club and National Wildlife Federation attempted to inject themselves into the case, putting barren land above people’s rights. But they had to content themselves with writing an amicus brief after the court rejected their appeals.
The federal government attempted to force the case into federal court by filing felony charges against the Hage family. But the tactic failed, and the claims court continued to hear the case. In 2002, the court ruled that, while the lease which allowed “grazing rights” on the government land could be revoked, the government violated the right of the Hage’s to use water that belonged to them and maintain the ditches and other areas to which they had legal access.
In 2004, the last phase of the case began, with the court determining what (if anything) was owed the Hage family in compensation for what the government had taken from them. Just last week, the court ruled that the government owed the Hage family over $4.2 million, plus interest and attorney’s fees and costs.
John Wayne would be proud.
ALG News Perspective: This case not only signals a victory for the Hage family, but for all Americans. As the Stewards of the Range organization states on its website, this case is a “great victory for private property rights in America!”
The Hage family’s victory should also serve as a wake-up call to all Americans, to cause them to be more vigilant of the Green assault on their rights. It is unconscionable for the government to use environmental regulations to force law-abiding citizens into giving up land to which they have rights. Americans must not allow the environmentalists to force them to “save the planet” by losing their freedom.
The radical anti-private property zealots of the so-called “environmental movement” will truly stop at nothing as they work towards their goal: The eventual elimination of private property.
"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus
The radical anti-private property zealots of the so-called “environmental movement” will truly stop at nothing as they work towards their goal: The eventual elimination of private property.
Kudos to the Hage family, the Stewards of the Range and their attorneys. Government encroachments on our most basic rights need to be fought tooth and nail, and these guys did it. We Americans owe them a big debt of gratitude.
As for the enviro-wackos, if they engage in this kind of activity, I wonder if they could end up the target of a RICO lawsuit?
The BLM is in the process of using Sage Grouse Habitat to limit not only Coal-Bed Methane (Natural Gas) development, but also, grazing leases on BLM land. The BLM is ignoring the recent rise in SG population, population infill behind the leading edge of development, and the DIRECT correlation between SG population and precipitation.
Also, the BLM (Chris Hansen - Field Manager of the Buffalo District *spit*) has said that to the ranchers in the proposed limited development area that not only may their grazing privileges be affected, but also the development of fee (private) minerals on their lands. You see, the BLM is not going to grant right-of-ways for pipelines and other infrastructure to cross BLM property.
When asked “What about .....? (fill in the blank)”. The response from the BLM is always “we don't care about that, only the habitat.”
After years of this harassment, the Hage family was forced to leave their land.
Even though the government had to pay 4.2 million, the feds and environmentalists won. They got the land. And because of that, more western land will probably be taken. To an environmentalist, 4.2 million in government money means nothing. They'll gladly take land for that price since they're not personally paying for it. It stinks!
Despite their claims of "open mindedness" and "fairness", liberals seem to be too myopic or selfish to understand this issue until it targets them.
4.2 million sounds like a lot of money, but I would bet that the family would have much rather had their land and busines to pass on to their children. The whole affair just leaves me feeling defeated. Even though they won their case, they have lost so much.
I can see how you feel defeated, but at least now precedent has been set. Or at least I hope precedent has been set. Now, the next time the feds and/or environmentalists try this we can say, “Not so fast...”.
Good read. BTTT
“Open Minded” and “Fair” my butt. A couple of months ago some Eco Terrorists set fire to some wealthy homes in the Washington State area because they weren’t “eco-friendly”. I don’t know about you, but that sure doesn’t sound “open minded” or “fair” to me...
Good movie, good lessons, if you like old fashioned Wayne stuff, which I do. Almost a miniature "Lonesome Dove" which I highly recommend to anyone who hasn't seen it and likes good solid virtues. "Monty Walsh" with Tom Selleck and a great supporting cast is another.
FMCDH(BITS)
Eco-friendliness is the rational. The real motive, I suspect, is a nasty case of festering envy. The kind that the left cultivates and cherishes.
enviro ping
“..but at least now precedent has been set. Or at least I hope precedent has been set.”
Don’t count on it. In the Rapanos v US case the appeals court willfully told the USSC to go take a flying leap after the SC ordered it to rule in favor of Rapanos during a dispute over the clean water act. Congress did nothing to impeach the fascist criminals on the appeals court.
We are now and have been for some time in an era of government anarchy. There are no laws and no precedents and rulings are made upon the whim of whatever local dictator/overlord dictates. We are rapidly coming to the point where whoever draws his weapon the fastest and shoots the straightest will be the winner.
This has far ranging implications. Many regulations amount to a government “taking”. Bans on smoking in public places, bans on billboards etc. If new regs cost you money the government has taken this money from you. It’ll be interesting to see where this goes.
Yes, what about the appeals process. The government has unlimited loot from our taxes to keep from paying.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.