Regrettable Roundup (Laney-Diamond Bar Ranch vs. US Forest Service, NM)

The Albuquerque Journal ^ | March 14, 2004 | Rene Romo

[CedarDave]

Sunday, March 14, 2004

Regrettable Roundup

By Rene Romo
Journal Staff Writer

GILA NATIONAL FOREST— Millions of dollars in debt, his cattle in the process of being impounded by the U.S. Forest Service, rancher Kit Laney said Friday his fight to establish his grazing rights in the national forest is not yet over.

"We got two options. We fight, or we walk off with nothing," said the 43-year-old Laney, a battered black hat on his head as he stood near his home in Black Canyon on a chilly Friday afternoon with his wife, Sherry, 42. "Every day they are violating our constitutional rights. What choice have we got?"

Wranglers hired by the Forest Service started rounding up the Laneys' 300 to 400 head of cattle last Thursday. By Saturday afternoon, they had brought in 110 to a corral at the MeOwn Fire Base or moved them to Beaverhead, about 50 miles northwest of Truth or Consequences.

Because the roundup is controversial, the identities of the wranglers are being protected and security officers have been brought in as the livestock are removed from the Diamond Bar allotment.

As the roundup proceeds, the Laneys are planning to take their case to the courts once again. The couple claims they have grazing and water rights in the Gila National Forest based on historical use that predates the national forest's creation. Opponents say the 10th U.S. Circuit Court of Appeals rejected that same argument in 1999 in an earlier stage of this long-running fight that has made the Laneys darlings of the ranching community and conservative critics of the federal government.

The Laneys' cattle were removed from the Gila in that earlier battle after their grazing permit expired in January 1996. The Laneys refused the offer of a new, curtailed grazing permit in part because they said it would not allow them to run a viable ranching operation.

The Laneys, who own private land in the middle of a 146,000-acre allotment that straddles the Gila and Aldo Leopold wilderness areas, moved cattle back onto the allotment last spring without a permit. In December, a federal judge ruled the Laneys were in contempt of 1996 and 1997 court rulings requiring them to remove their cattle from the Diamond Bar allotment.

"Impounding a private individual's livestock is the last thing we want to do. We tried to be very considerate of the Laneys," Steve Libby, Gila National Forest range staff officer, said Friday at the MeOwn camp. "We provided every opportunity for them to pursue their claim in court. "They are in contempt of court. We have no choice but to do what we are doing now, but it is nothing we want to do."

While the Laneys have done nothing to physically stop the impoundment or threatened violence, they have been vocal in making public warnings that they considered anyone who takes their cattle on behalf of the Forest Service to be guilty of stealing.

Last month, the Laneys sent a "notice and demand for protection" to Gov. Bill Richardson, Attorney General Patricia Madrid and members of the New Mexico Livestock Board. The Laneys warned they will hold the officials personally responsible in state court if they did not uphold their oaths of office and protect the ranchers from the allegedly illegal actions of the Forest Service.

"Due to these actions of the Court and the Federal Service, we fear for our safety and the safety of our neighbors because of what federal agents did at Ruby Ridge and Waco," the Laneys wrote. "All we want to do is stand up for our rights and make sure no violence occurs."

The couple has also taken other steps in this fight. On Thursday, Kit Laney said he filed a complaint in Magistrate Court in Catron County alleging the Forest Service contractor undertaking the roundup had stolen his cattle.

On another front, the Alamogordo-based Paragon Foundation, a nonprofit group focused on preserving private property rights, filed suit Friday in state District Court seeking an injunction to prevent the New Mexico Livestock Board from permitting the Forest Service to auction off the Laneys' impounded cattle, as planned.

Otero County rancher Bob Jones, Paragon Foundation president, said Saturday his organization is arguing the Livestock Board's executive director entered into an illegal agreement with the Forest Service to sell the livestock. A Forest Service spokeswoman acknowleges an agreement with the Livestock Board's executive director is in place.

Down the road, Kit Laney said he also plans to file suit in state court to establish his water rights in the Gila along with the attached grazing rights.

The roundup so far has gone peacefully, Forest Service officials said, though they are taking precautions that Sherry Laney described as "overkill."

The Forest Service has hired four wranglers to round up the cattle. For "security reasons," the Forest Service has declined to identify the outfit or even say where it is from. For similar reasons, Forest Service officials have also declined to release the name of the livestock auction house where they plan to send the impounded cattle for sale. Jones said every livestock auction house in the state has refused to handle the sale of the Laney cattle.

In addition to restricting public access to the sprawling Diamond Bar allotment, the largest in the Gila National Forest, the Forest Service has brought in up to 16 law enforcement officers, some from Arizona, to provide round-the-clock security for the roundup.

"This is a very controversial activity. It always is," Libby said. "There's a certain amount of outrage from friends and supporters of Kit and Sherry Laney. So we just felt it was prudent to provide security." The cost of the operation, including security, the equipment necessary for the roundup, and the contractor, will be added to the $63,639 in penalties and fees imposed on the Laneys last December when they were found in contempt of court for returning their cattle to the Diamond Bar.

"God only knows what that (charge) will be," said Sherry Laney, standing in a chill wind. "You've seen the circus up there." Libby said the Laneys can reacquire their herd, which he tentatively valued at about $250,000, if the couple pays the value of the herd along with the roundup costs. Kit Laney said he would not take that offer. "They aren't going to steal my cows and then have me pay for them," Kit Laney said.

Copyright 2004 Albuquerque Journal

(For educational and discussion purposes only; not for commercial use)

[CedarDave]

PING

[CedarDave]

Property Rights PING

[Carry_Okie]

pong

[Drango]

? ?? Welcome to FreeRepublic. This is the wrong thread for you.

[ApplegateRanch]

Impounding a private individual's livestock is the last thing we want to do. We tried to be very considerate of the Laneys," Steve Libby, Gila National Forest range staff officer, said Friday at the MeOwn camp. "We provided every opportunity for them to pursue their claim in court. "They are in contempt of court. We have no choice but to do what we are doing now, but it is nothing we want to do."

Liar.

Section 8 - Powers of Congress
To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;

Call me a radical, but I have never been able to see the legality of the Federal Government Having jurisdiction over "public lands". Lands, BTW that are NOT for forts, arsenals, etc; nor are the Public Lands "erections".

Lands, BTW, that were taken without compensation as blatant extortion to enter the Union.

[c-b 1]

It sickens me that we have reached a time when being correct makes us radical.

The fact that the Forrest Service has to resort to using Mercinarys makes me even more ill.

[Mr Rogers]

Grazing permits come up for renewal all the time. They are worth money, and are sometimes sold by the individuals holding them. Refusing to pay for the renewal because you don't like the cuts (which are sometimes very arbitrary - a friend of mine has his cut 80% when he was only grazing 10% at the time...) means you no longer have the grazing permit.

These are public lands. I'm all in favor of multiple use, but have no use for people who believe public lands are for their private use...ranchers or enviro-wackos.

In one case I know of (admittedly 25 years ago), the rancher was running 3 times his permit, and complaining bitterly that the USFS wanted him to cut back to what he had paid for.

[farmfriend]

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.

[The Westerner]

Couldn't agree more.

"We have no choice but to do what we are doing now, but it is nothing we want to do."

Doesn't this whole thing remind you of Nazi Germany or Soviet Russia? If anyone thinks that it can't happen here, look at this quote from the government official.

[E.G.C.]

BTTT!!!!!

[Jane Wayne]

Grazing permits have no value they are paper based on agency regulations. The private vested rights in the form of range and water on the allotment have value and are even taxed by the IRS. Those rights are what is purchased when a federal allotment is sold. The Laney's own easements and fee interest on the surface of these lands. They do not claim the land itself just the easements. There has been a take of their private property through an illegal permitting system designed to force people off these ranches. They are backed up by 120 years of territorial law and congressional statute and several supreme court rulings. yet the Federal Courts intent on rubber stamping agency regulation cannot seem to understand their argument. Perhaps the argument was not well presented. We have come a long way in this country.
Prior to his arrest, Kit Laney insisted all coyote guns on the ranch no longer be carried and stowed them away due to the mounting pressure of the Federal law enforcement. Thank god he did or I suspect he would no longer be with us.
For more on the Laney's Photo's and documents and what you can do to help go to the link below.

[Ranchwife]

Great to see you posting here! And way to tell Mr. Rogers the truth about what's going on out here, too! The more we educate the public, the better off we'll all be. If we don't fight for our rights, no one will! Keep up the good work!!!!!!

[fedgov]

The Laneys have had ample opportunity to graze cattle lawfully and productively. They have CHOSEN this route. Like the federal govt. or not, we all have to function within that system! No one can just outright refuse to abide by federal laws without being prosecuted, which is why Kit Laney is sitting in jail right now. This IS SAD. Very sad, but simply a result of a long line of actions chosen by the Laneys. By the way, name-calling is a desperate reaction to feeling defeated. It makes your argument sound really unsound.