Posted on 12/23/2002 6:02:32 AM PST by George Frm Br00klyn Park
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.
Holiday Wishes!
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."
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.
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.
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...
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