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Feds lose a round in Hage LAND GRAB case
The Elko Daily - {Northern Nevada} ^ | 12/23/2002 | By JEFFRY MULLINS, Free Press Editor

Posted on 12/23/2002 6:02:32 AM PST by George Frm Br00klyn Park

Elko Daily Free Press
Northern Nevada's News Source Since 1883 - Internet Edition

Feds lose a round in Hage case

By JEFFRY MULLINS, Free Press Editor

ELKO -- Wayne Hage's lack of a grazing permit does not invalidate his claim of access to water and forage on allotments surrounding his central Nevada ranch, a federal judge has decided.

Hage said Senior Judge Loren Smith of the U.S. Court of Federal Claims dismissed the government's motion for partial summary judgment in his case on Dec. 11.

"We were very happy to see that, because the federal government finally put the issue squarely before the court over the grazing permits, and the court just flatly dismissed from the bench," Hage said Friday in a telephone interview.

U.S. Forest Service and Bureau of Land Management officials in Nevada said Friday they were not aware of the latest ruling in the case.

The lawsuit on behalf of Hage and the estate of his late wife, Jean, against the United States of America has been active for more than a decade. Hage has since married former U.S. Rep. Helen Chenoweth of Idaho, and continues scaled-back operations on his ranch in Monitor Valley.

Unlike other lawsuits involving ranchers and their grazing disputes, Hage said his case is based on the taking of property, and property rights are guaranteed under the Constitution. That's why the case is being heard in federal claims court.

In the latest development, Hage said "the government argued that we could not utilize our water rights and our grazing rights on our allotments without a grazing permit. I said, 'I own them. I paid for them.'"

The Hages bought the Pine Creek Ranch in 1978. But a year after writing a book on Western property rights, "Storm Over Rangelands," Hage claimed federal agencies began cutting back his grazing allotments in an attempt to run him out of business.

Hage partially won a final ruling in January that said he owned some vested water rights, along with access to forage within 50 feet of ditches. But the judge ruled he did not have "surface estate" rights.

Instead of moving directly to trial to determine the extent of Hage's property and what -- if anything -- the federal government owed him by way of compensation, Hage's attorneys have been dealing with additional motions filed by the federal government.

The latest challenge claimed that Hage needed a grazing permit in order to be able to make use of the forage and water surrounding his ranch. The government filed a motion for partial summary judgment, seeking to have Hage's grazing access claims dismissed based upon that principle.

"What plaintiffs impermissibly attempt here is to bootstrap a right to forage or an easement to graze onto vested stockwaters on federal lands," the United States' motion said. "All of the many courts which have considered the issue have held that grazing is a revocable privilege and that a water right does not include any appurtenances, such as forage or an easement to graze on federal lands, or the means to make beneficial use."

The government argued that the Hages could "continue to enjoy the use of their water rights on their base private property." But, "Plaintiffs have no need to use their stockwaters on federal lands unless they are authorized to graze their cattle on the allotments."

Hage said the court rejected that argument, as it has done in previous attempts to derail the case.

"In fact, they've come back four times, total," he said. "Every time, in every stage of this, the court's finally recognized that, yes, we did own water rights and forage rights."

Hage, now in his mid-60s, has spent more than $1.5 million on the lawsuit. But the value of what he believes has been taken from him is much higher.

"We've been actively ranching on a much-reduced scale for all these 11 years," Hage said. "But we're only operating at about 12 percent of our capacity." That will continue until the dispute over the allotments is finally resolved.

"That means either the United States gets off my back, or the United States pays me for the ranch," he said.

Barring any further delays in the case, Hage said it may go to trial by next fall.

THIS article at The Elko Daily


TOPICS: Constitution/Conservatism; Crime/Corruption; Extended News; Government; US: Nevada
KEYWORDS: enviralists; landgrab
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Hage, now in his mid-60s, has spent more than $1.5 million on the lawsuit. But the value of what he believes has been taken from him is much higher.

All, So, does "loser pay"?? They should! Wayne's case shows that money being available, to fight in court the land and water theft by godgov, PERSISTENCE PAYS! Peace and love, George.
1 posted on 12/23/2002 6:02:32 AM PST by George Frm Br00klyn Park
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To: madfly; sauropod; editor-surveyor; AuntB
Guys, Can you bump this far and wide?? Peace and love, George.
2 posted on 12/23/2002 6:05:55 AM PST by George Frm Br00klyn Park
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To: George Frm Br00klyn Park; B4Ranch; Lit-O-Lady
The news report I read, indicated the Feds asked, "How much do we owe you". This should answer your question as to whether or not the loser pays.

B4,,, can you please add the details to my comments?

B4 has quite a bit of information on this and can fill in plenty of details.

Lit-O-Lady: Here is a great victory for the Property Rights crew.
3 posted on 12/23/2002 6:10:01 AM PST by Iowa Granny
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To: George Frm Br00klyn Park
bump
4 posted on 12/23/2002 6:14:52 AM PST by snopercod
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To: *Enviralists; *landgrab
http://www.freerepublic.com/perl/bump-list
5 posted on 12/23/2002 7:08:33 AM PST by Free the USA
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To: Carry_Okie; backhoe; Libertarianize the GOP; .30Carbine; 4Freedom; 68-69TonkinGulfYatchClub; ...
Good News ping!
6 posted on 12/23/2002 7:59:51 AM PST by madfly
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To: George Frm Br00klyn Park
Pinged and Bumping! You must have got up early to get this article so fast! Good Work!

Holiday Wishes!

7 posted on 12/23/2002 8:03:45 AM PST by madfly
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To: Carry_Okie; Grampa Dave; forester; sasquatch; B4Ranch; SierraWasp; hedgetrimmer; christie; ...
Pinging my list incase there is someone who is not on Madfly's list. Sorry for the double pings to those who are on the list.
8 posted on 12/23/2002 8:19:29 AM PST by farmfriend
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To: George Frm Br00klyn Park
Bumping this little bit of good news for Mr Hage. He was the first to really stand up against the Rural Cleansing by the Watermelon Green Jihadists against American Farmers, ranchers, loggers, miners and who ever dare to make an honest living in rural America.
9 posted on 12/23/2002 8:28:13 AM PST by Grampa Dave
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To: farmfriend; Iowa Granny; George Frm Br00klyn Park
This is the email I recv'd from

Nevada Live Stock Association

P.O. Box 639

Hawthorne, Nevada 89415

For Immediate Release:

Wednesday, December 18, 2002

JUDGE RULES HAGE DOESN'T NEED GRAZING PERMIT

In a hearing before the United States Court of Federal Claims, Washington, D.C., on December 11, 2002, Senior Judge Loren Smith ruled that Tonopah, Nevada, rancher Wayne Hage, did not need a grazing permit to access his water rights and forage on his grazing allotments. "This is another landmark decision for us, long in coming," said Wayne Hage from Pine Creek Ranch.

Judge Smith ruled on a Motion for Summary Judgment brought by the United States on behalf of the United States Forest Service and the Bureau of Land Management. The Motion placed the issue of a mandatory grazing permit squarely before the Court. The Court dismissed the motion, in Hage's favor, as a matter of law. "We now know, as I have said for years, that ranchers do not need a grazing permit to use our water and forage," said Hage.

Other issues of the litigation discussed in the hearing were discovery, deposition lists for the 'taking' phase, and compensation. "Considerable discussion was given in the hearing to the question of how to place a value on the compensation owed by the United States for the taking of my property. Instead of denying we own anything, it's nice to hear them ask how much they owe us," said Hage.

The litigation, Hage v. U.S. was originally filed in 1991 when the U.S. Forest Service attempted to take Hage's water rights and grazing allotments by canceling his grazing permit. Hage has argued that his property rights in water and forage are not dependent on a federal grazing permit. Judge Smith has now settled this matter.

In January, the same court, in a Final Decision and Finding of Fact, found that Hage's water rights were vested and that the allotments themselves were "fee lands" to which Hage had title. The court found that, based on his vested water rights, Hage had an inheritable right to use the lands of the United States for livestock grazing. Fee is defined as an estate in inheritance without condition, belonging to the owner in perpetuity

(See Black's Law Dictionary). The Decision said that Hage owned the "fee" while the underlying naked title to the land and minerals remained in the United States.

For further information contact: Wayne Hage 775-482-4817 or Ramona Morrison, Secretary, Nevada Live Stock Association, 775-424-0570.

--------------------------------

Unless you have a personal vested interest, please don't hassle either of these good people with a congratulatory phone call. They understand the importance of this judicial decision to all property owning Americans. This gave the land rights takers a solid kick in the head. BLM will be eating mud for Christmas! Hurrah! Now the question is will they use our money to appeal Judge Smith's decision. My guess is,"Of course they will. What do they have to lose? It's not their money that they're spending."

10 posted on 12/23/2002 8:41:30 AM PST by B4Ranch
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To: George Frm Br00klyn Park
Bump & Merry Christmas!
11 posted on 12/23/2002 8:41:33 AM PST by bigfootbob
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To: farmfriend
BTTT!!!!!!
12 posted on 12/23/2002 8:46:13 AM PST by E.G.C.
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To: B4Ranch
Now the question is will they use our money to appeal Judge Smith's decision.

Another big win for the Hages...congratulations.

Without doubt the BLM will appeal...they have to, they have a lot of 'splainin to do if they lose. They have been pushing ranchers around for too many years and can't afford to lose this thing.

13 posted on 12/23/2002 8:54:51 AM PST by Cuttnhorse
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To: B4Ranch
Given that this was a United States Court of Federal Claims in the District of Columbia (i.e., not subject to the bankruptcy of the United States), what is the next step: SCOTUS or a Circuit Court of Appeals?
14 posted on 12/23/2002 9:11:50 AM PST by Carry_Okie
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To: All
Here is five pages concerning the Nevada Live Stock Association and our fight with the BLM.

I am wondering how this will effect the Cliff Gardner case. Basically, this is another water rights case where the Feds stomped and old man and his wondeful wife into the ground with their presumed authority.

15 posted on 12/23/2002 9:15:55 AM PST by B4Ranch
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To: Carry_Okie
Do I smell like an attorney? I don't know that stuff.
16 posted on 12/23/2002 9:17:02 AM PST by B4Ranch
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To: George Frm Br00klyn Park
bttt!
17 posted on 12/23/2002 12:09:41 PM PST by Tailgunner Joe
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To: madfly; bigfootbob
Now if only the lovely Mrs. Hage (Helen Chenoweth) would run against the evil Harry Reid for the Senate, life would be complete. (Well, almost).
18 posted on 12/23/2002 12:27:40 PM PST by holyscroller
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To: B4Ranch; Carry_Okie
The future is looking better all the time, with reports like this on the horizon!
19 posted on 12/23/2002 7:44:08 PM PST by Issaquahking
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To: holyscroller
Now if only the lovely Mrs. Hage (Helen Chenoweth) would run against the evil Harry Reid for the Senate, life would be complete. (Well, almost).

Now that's a thought. You'd have to do it over Karl Rove's dead twitching body though. Look what he did to Simon, Schundler, Salmon...

20 posted on 12/23/2002 7:52:25 PM PST by Carry_Okie
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