We were trying to seize Belgium?
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
How far, and how wide???????
We were trying to seize Belgium?
And that, in a nutshell, is what is wrong with the whole system. No governmental agency should be able to sue for anything; they should only be able to respond in defense of their actions.
We were trying to seize Belgium?Those would be the Neitherlands.
The Wasn't Eitherlands?
Next thing you know, the Feds will be doing a Haj Land Grab.
You are making me happier and happier with my new voter registration confirmation, effective 11/21/2002. My new "Party" is "NP!" (NO PARTY or Non Partisan)
Having been a member of Stewards of the Range and having been invited to the Chenoweth/Hage wedding, I'll never forget Helen's response when I told her I hoped I'd see the day when she became America's Margaret Thatcher.
I'll also never forget how Inside Edition, or one of those T.V. tabloid shows ran Helen superimposed over the bombed out Murrah Building, going on and on about how she met with a Militia group in ID. I'm quite certain the Clinton, Clinton & Gore administration liberally encouraged this pernicious political activity by media outlets.
To get one stinkin little victory on the side of right based on traditional American principles, Wayne has had to fight for ELEVEN YEARS! I am also convinced it's what caused an early death of his former spouse.
I also wonder if anyone had heard anything about Dick Carver, former Commissioner of Nye County, who Janet Reno litigated for standing up to the Federal bulldozer that tried to close a road in his County. The sagebrush rebellion doesn't die... it keeps rekindling with each tyrannical federal abuse like at Jarbidge and Klamath Falls.
Karl Rove could care less about traditional American principles. I wonder if he cares anymore than James Carville! I'm trying to not care about the Party I left in disgust, but it's hard to let go of.
What's to appeal? This ruling allows the case to go to court. Nothing has been won by the rancher, it's just going to take him longer and take more money to lose, if that is the ultimate outcome. This judge does not want to make a ruling without the benefit of a trial.
So the left wins either way...either the envirofascists strike a blow to individual land rights, or the trial lawyers soak the guy for a few mil.
CC, Maybe. But if Hage wins, freedom wins. This round anyway. Whether from "left" or "right" is questionable. This is another of the policies that Republican and Democrat "leadership" are trying their best to maintain lockstep toward BIGGER and "better" government. Peace and love, George.
You dun said a mouthful! - Rove and Car-vile are like two peas in a pod. The true objectives of the two wings of the republicrat party are the same: an all-powerful state.
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