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Board Hears Cattle Rancher's Grazing Plea (NM, Diamond Bar Ranch)
The Albuquerque Journal ^ | Saturday, March 6, 2004 | Leslie Linthicum and Jeff Jones

Posted on 03/08/2004 4:47:20 PM PST by CedarDave

Saturday, March 6, 2004

Board Hears Cattle Rancher's Grazing Plea

By Leslie Linthicum and Jeff Jones, Journal Staff Writers

A couple of dozen ranchers packed the New Mexico Livestock Board meeting Friday to ask the board to help Diamond Bar ranchers Kit and Sherry Laney fight eviction of their cattle from federal land by the U.S. Forest Service.

The livestock board said it probably can't. But its members approved sending a letter to the U.S. Attorney that asks the feds to clarify what the board has to do to comply with the law.

The livestock board's only involvement in the longstanding federal fight is that it is the agency that inspects cattle when they are sold. "It's federal land, it's federal jurisdiction, it's in federal court," said Daniel Manzanares, the board's executive director. "Bottom line, we don't have a dog in this fight."

The Laneys have been at odds with the Forest Service almost since they bought the ranch in 1985. Federal courts have ruled against the Laneys' claim of private property rights to graze more than 1,000 head of cattle on the ranch, which is mostly on federal land. A federal judge ruled in December the Laneys never had a property right to graze on the allotment. He ordered their herd, now at about 400 head, off the land.

-snip-

The board unanimously approved sending a letter to [U.S. Attorney] Iglesias that includes 13 questions about the case, including queries about whether the court's order specifically involves the livestock board. The board said it would send the letter if it is approved by the board's attorney.

Kit Laney said he was impressed with the turnout from fellow ranchers. "Yes, they're here to support us. They're (also) here to protect their own property. If they take mine, they can sure as hell ... take what everyone else here has."

(Excerpt) Read more at abqjournal.com ...


TOPICS: Culture/Society; Government; News/Current Events; US: Arizona; US: New Mexico
KEYWORDS: environment; forestservice; landgrab; laney; propertyrights
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1 posted on 03/08/2004 4:47:22 PM PST by CedarDave
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To: Grampa Dave; farmfriend; Ernest_at_the_Beach
For your PING lists.
2 posted on 03/08/2004 4:50:03 PM PST by CedarDave (A lie from your opponent left unanswered becomes the truth in the eye of a typical "swing" voter.)
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To: CedarDave; abbi_normal_2; Ace2U; Alamo-Girl; Alas; alfons; alphadog; amom; AndreaZingg; ...
Rights, farms, environment ping.
Let me know if you wish to be added or removed from this list.
I don't get offended if you want to be removed.
3 posted on 03/08/2004 7:10:36 PM PST by farmfriend ( Isaiah 55:10,11)
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To: CedarDave; Jeff Head
Why bother with eminent domain when automatic weapons and bulletproof vests are so much easier?

I just got the following from Ronnie Merrit down in Arizona. He's for real. He's on the BOD at Paragon.

For Immediate Release Contact: Paragon Foundation, Inc.
03/05/04 (505) 434-8998

Ruby Ridge In New Mexico?

Are developments in Southwestern New Mexico tumbling out of control and setting up a situation like the one at Ruby Ridge, Idaho, where three innocent citizens were gunned down by federal law enforcement officials? If one looks at the preparations of the Forest Service and the size of the force they have brought into the area, it might appear so.

This question goes to the recent announcement by the Forest Service concerning the impounding and removal of the Diamond Bar cattle. With 16 law enforcement officers, roadblocks, attack dogs, and an apparent distrust of law-abiding citizens that would rival border guards in the old Soviet Union, one wonders why the gathering of alleged trespass cattle would require such warlike tactics? With no threat of violence by the Laneys, who, in fact, have declared they will not interfere with the seizure of their cattle, the Forest Service has bulled ahead closing the only road in the area, declaring the public forest off limits to law abiding citizens and intimidating anyone who comes near or opposes their tactics. Furthermore, they have caused a jurisdictional crisis between the Forest Service on one hand and the Catron County Commission and the Catron County Sheriff on the other. And, if that's not enough, they have precipitated legal confusion on the New Mexico Livestock Boar! d as they have attempted to circumvent, misuse and confuse what were once called the best livestock laws in the country. All this is being done with the apparent blessing of Governor Bill Richardson and Attorney General Patricia Madrid.

Clint Wellborn, District Attorney for Catron County, at a meeting of the Catron County Commission, said, "We can't ask the Sheriff to go out there and confront these armed federal officers." This was stated in an open meeting in an attempt to dissuade the Sheriff from going out to assert jurisdiction in Catron County as the legal chief law enforcement authority. Presumably, DA Wellborn believes it is better for defenseless citizens to confront armed federal officers. Mr. Wellborn also states in a letter that, "If you or your department should attempt to intervene you risk the possibility of being arrested by Federal Marshals and held in contempt of court and possibly jailed". Mr. Wellborn says this even though the federal law enforcement contingent's operation in New Mexico and Catron County is conditional on the consent of both the Sheriff and the Chief of the State Police.

Of course, this would be comical if it weren't tearing at the fabric of New Mexican institutions and law. The Laneys, while moving horses along old State Highway 61 from one private land holding to another were accosted by the Forest Service. The Officers tried to pull the horses over, using emergency lights and sirens and shouting through loud speakers, "This is law enforcement. Stop your horse and get off." Of course, this only caused the horses to speed up. At this point Dale and Albert Laney had no choice but to try and control the horses. In no way could they allow them to trod upon the forest. Picture two full-blown patrol units with sirens blaring, lights blazing, attack dog inside barking frantically, loudspeaker roaring commands to "pull over them runaway horses".

Matt Schneberger, local rancher, says, "Barney fife is alive and well in the Gila. Only in this case he don't just have a bullet in his pocket, he's got a large capacity auto pistol and all the back-up in the world. We've got terrorists coming across the Mexican border to kill Americans and here we are guarding against a small family ranch trying to protect their private property."

The Forest Service is not only callous about their treatment of the Laneys but they are completely oblivious to the harm they cause others. Doug Osborn, wrote, "I just got back from the Cattle Guard Restaurant up at the Fowlers. There were six folks from Minnesota in there eating. They had come down here to hunt lions, but the road is closed. There go their plans

(and lots of money). I wonder how the Forest Service would feel about reimbursing those folks. Lots of luck!"

Ray Fowler, another local rancher, said, "I went to get a bull and when I got back there was a roadblock up and they wouldn't let me in. There were guys running around demanding a permit. I didn't have one. I still don't have a permit. They finally let me through after they took down my license plate like I was going to rob a bank or something. They tell me nobody from the outside can come in to see me."

To justify this ridiculous circus Steve Libby of the Forest Service intimated that Kit Laney had threatened a gentleman who was delivering feed to the Forest Service. But, when he was asked about it, the man delivering the feed said he had never met Kit Laney. Then Mr. Libby said there were threats that the greens might get involved if the cattle weren't removed quickly enough. No evidence was ever presented for this assertion.

It is a sad day when Smokey the Bear goes on the rampage. The Forest Service by its actions in the Diamond Bar Ranch controversy is either exhibiting paranoia or an inclination to intimidate. Either way, the Forest Service no longer deserves the trust of the public and the state of New Mexico. They have no business employing a small army of quasi-military, trained to a fever pitch.Barney Fifes.


4 posted on 03/08/2004 7:14:04 PM PST by Carry_Okie (The environment is too complex and too important to be managed by central planning.)
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To: Carry_Okie; Jeff Head
I'm afraid I have a bone to pick with Paragon, if they're the ones out of Alamogordo. They've bought into and sided with the radical environmentalists out at Otero Mesa to stop natural gas drilling in that area. Otero Mesa is essentially a desert area that supports very little in the way of vegetation for cattle grazing, but some of the ranchers there have signed on to the rape, pillage and plunder rhetoric of the radicals, led by Bill Richardson who is pushing very onerous rules for "protection" of the area. My most recent post, of many over the past month, can be found here:

http://www.freerepublic.com/focus/f-news/1093483/posts

I was with an Otero county rancher and former oilman up in Cloudcroft yesterday who told me that the ranchers down by Artesia usually look at the industry as a positive even though the ranchers don't have mineral rights. If the oil company landmen are smart (and the ranchers, too), the ranchers can get roads, fencing, water tanks and piping out of the deal in return for not fighting the companies, who under law can drill for minerals even though they don't own the surface rights. In the event an oil company trashes up the area, the ranchers still have recourse to the state regulatory agencies, the courts, or as a last resort (shudder) the ever-willing liberal, big-oil hating press.
5 posted on 03/08/2004 8:08:10 PM PST by CedarDave (A lie from your opponent left unanswered becomes the truth in the eye of a typical "swing" voter.)
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To: Carry_Okie
p.s. to my last post:
Click on the keyword OteroMesa to see my previous posts on that matter. Looking at those earlier ones, I see that you contributed to one of the threads, also. Did you know that Paragon was fighting the drilling?
6 posted on 03/08/2004 8:15:50 PM PST by CedarDave (A lie from your opponent left unanswered becomes the truth in the eye of a typical "swing" voter.)
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To: CedarDave; AAABEST; TonyWojo
Otero Mesa is essentially a desert area that supports very little in the way of vegetation for cattle grazing, but some of the ranchers there have signed on to the rape, pillage and plunder rhetoric of the radicals, led by Bill Richardson who is pushing very onerous rules for "protection" of the area.

If I read them correctly (and I have read some about this issue), in addition to the RICOnut environmentalists (usually in the pay of the energy company foundations), there are people who live on Otero Mesa don't want the drilling. Paragon may be helping them preserve what they see as a quality of life and property rights issue; i.e., those locals who subsist off ranching, hunting, and recreation incomes, don't give a damn about drilling, and fear the aftermath of the drilling operation as destructive to that source of livelihood. So it may be that Paragon is in this instance allied with environmentalists, but perhaps not for the reasons you might suppose.

Now, I have my doubts about Paragon too, especially the way they handled the Sawgrass Rebellion in Florida. I have disassoicated myself from them for other reasons. I'm pinging AAABest and TonyWojo because they can speak more directly to that unfortunate set of events.

Of Ronnie Merrit however, I have little doubt. The guy may be a tad credulous (I can be too, until I get burned), but from what I have known of Ronnie over the last five years or so, he has shown himself to be a patriot and an honest man. I hope this explains why I chose to make the urgency of this case a little more visible.

7 posted on 03/08/2004 9:18:39 PM PST by Carry_Okie (The environment is too complex and too important to be managed by central planning.)
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To: Carry_Okie; BOBTHENAILER
I did a Google search for Otero Mesa looking for pictures and was amazed at the number of hits to the environmental/"earth justice" sites that have taken up this issue, along with their left-wing cronies in the press. Came upon your Paragon post by Ronnie Merrit in a little known and very schizophrenic publication called the "Desert Journal Online" out of T or C, NM. Two Laney ranch articles surround an article calling FreeRepublic a fringe internet site and followed by the 9/11 Bush bashing article received from the Heinz' Tides' "Peaceful Tomorrows" group. Further down is an Otero Mesa article, an article from Art Bell's friend Whitley Strieber on the Gulf Stream and global warming, and at the bottom of the page, an add for Dennis Kucinich for President. Truly an eclectic web page, but it shows how the fringe groups like "Peaceful Tomorrows" can push it's agenda so quickly.

http://www.desertjournalonline.com/BreakingNewsCont.htm#2

(By the way, the only pictures I could find of this glamor spot were here; it's hard to imagine any more than one cow per square mile surviving in a place like this:
http://www.nmheritage.org/cgi-local/endangered.pl?otero&&PlaceName )
8 posted on 03/08/2004 10:17:33 PM PST by CedarDave (A lie from your opponent left unanswered becomes the truth in the eye of a typical "swing" voter.)
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To: farmfriend
BTTT!!!!!!
9 posted on 03/09/2004 3:06:41 AM PST by E.G.C.
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To: CedarDave
I know a Dr. John Fowler, a range management scientist at New Mexico State and an ardent property rights and pro-ranching activist (you noted the Fowlers in Ronnie's post above). If you want, I can call him and get the scoop.
10 posted on 03/09/2004 6:37:05 AM PST by Carry_Okie (The environment is too complex and too important to be managed by central planning.)
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To: nunya bidness; isasis; AuntB
ping
11 posted on 03/09/2004 7:56:23 AM PST by Issaquahking (U.N., greenies, etc. battling against the U.S. and Constitution one freedom at a time. Fight Back !)
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To: Kquack
Catch the whole thread ping
12 posted on 03/09/2004 8:06:53 AM PST by Issaquahking (U.N., greenies, etc. battling against the U.S. and Constitution one freedom at a time. Fight Back !)
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To: Carry_Okie
I am interested in your thoughts on Paragon and the Sawgrass rebellion. It looked like they had a first class revolt going on that just fizzled. What happened?
13 posted on 03/09/2004 8:08:52 AM PST by hedgetrimmer
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To: hedgetrimmer; AAABEST; TonyWojo; Dog Gone
I have heard rumors I can't repeat. Best you ask AAABest or TonyWojo. So far, they have not responded to the thread.

Do you know anybody who has a subscription to LexisNexis and would run a search on Paragon? DG?
14 posted on 03/09/2004 8:21:29 AM PST by Carry_Okie (The environment is too complex and too important to be managed by central planning.)
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To: Carry_Okie
I guess, could you be more specific in what it is you are looking for regarding Paragon Foundation. The Sawgrass Rebellion did not get the crowds for many different reason. I could probably publish a book, Everything you ever wanted to know about the Sawgrass rebellion, but were afraid to ask.
15 posted on 03/09/2004 8:52:08 AM PST by TonyWojo
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To: TonyWojo
I guess, could you be more specific in what it is you are looking for regarding Paragon Foundation.

Were they bought off? Did they take the money and run or were they just incompetent?

16 posted on 03/09/2004 8:56:11 AM PST by Carry_Okie (The environment is too complex and too important to be managed by central planning.)
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To: Carry_Okie; TonyWojo
I prefer to reserve comment for now.

I will say that people shouldn't rely on others to solve their problems for them.

17 posted on 03/09/2004 9:00:52 AM PST by AAABEST (<a href="http://www.angelqueen.org">Traditional Catholicism is Back and Growing</a>)
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To: AAABEST; hedgetrimmer
I prefer to reserve comment for now.

Anticipated and understood.

18 posted on 03/09/2004 9:04:51 AM PST by Carry_Okie (The environment is too complex and too important to be managed by central planning.)
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To: Carry_Okie
Were they bought off?

I would have know idea as to being bought off, or by whom.

Did they take the money and run

there was no money to take. Money raised by the caravan was used to cover the caravan's expenses. The money raised from the auction of items was given to the property rights group here locally to defray costs.

or were they just incompetent?

Considering the entire affair there would be many mixed opinions from the local people involved in the rebellion. The Miami side of things did not pan out at all, who to blame? Many opinions as to an answer for that.

The Collier County side was a fiasco from the start. The initial involvement was from Henry Lamb to Tom DeWease, From Jay Walley to The Grange, From Paragon Foundation to The Dade County Farm Bureau.

Collier County Commissioners were blocking the way, The State of Florida Capital Bldg was the only State to not show up with a flag. In retrospect I can think of hundreds of things that I would have loved to see done differently.

If you ever get involved in a major undertaking that many personalities are involved in just try to remember principles before personalities.

19 posted on 03/09/2004 9:24:17 AM PST by TonyWojo
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To: Carry_Okie
I don't have access to LexisNexis. Someone on a thread last week mentioned that they do. If I can recall who that was, I'll pass it on.
20 posted on 03/09/2004 3:34:34 PM PST by Dog Gone
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