Posted on 08/17/2004 8:14:17 PM PDT by PropertyRightsResearch.org
Sheriff Warns Hage of Possible Cattle Confiscation and Arrest
August 17, 2004
Nevada Live Stock Association
For Immediate Release
Contact: Ramona Morrison 775.424.0570 rhmorrison@sbcglobal.net
Nye County, Nevada - According to Nye County Sheriff, Tony DeMeo, the U.S. Forest Service and Bureau of Land Management (BLM), in the midst of finalizing post-trial briefs in a thirteen-year old lawsuit with Nye County rancher, Wayne Hage, and in a move of apparent direct defiance of the several recent court decisions, are preparing to confiscate Hage’s cattle on his ranch in Nye County, Nevada. Hage was notified Friday, August 13, 2004, by Sheriff DeMeo, that Bob Abbey, Nevada BLM Director, had told him that, despite ongoing litigation, the BLM could move forward with the confiscation unless they receive a cease and desist order from the Court.
Alf Brandt, Interior Department Solicitor, and one of the Government’s attorneys in the May Hage v. U.S. compensation trial in Reno, Nevada stated in a July 30, 2004, letter to Sheriff DeMeo that the, “BLM actions may result in Mr. Hage’s appearance in federal court, which may provide him the opportunity to again present his legal theories and allow the federal court to adjudicate these issues.” Brandt’s letter also contained thinly veiled threats to arrest Hage.
Thursday, the U.S. Forest Service hand-delivered a three-day notice to Hage to remove livestock from the lands the U. S. Court of Federal Claims determined in its 2002 Final Decision and Finding of Fact to be “fee lands” to which Hage holds title. (“Fee” means the inheritable right to use.)
Sheriff DeMeo commented on the governments actions, “It is inexplicable to me why, after thirteen years of litigation, the BLM and Forest Service seem so anxious to go after Hage now. But there definitely seems to be an intensity building in this county and I expect them to try something. I have instructed my deputies to protect Constitutional rights of the citizens of Nye County, even if the perpetrator is the federal government,” he added.
Concerned about a Ruby Ridge-style government “arrest”, today, Hage forwarded a letter to Sheriff DeMeo stating that he believes the government’s efforts to create a “confrontation” with him is a move of desperation on the part of the agencies as a result evidence that surfaced at his trial in Reno in May.
The U.S. Forest Service, BLM, and southern Nevada water interests were implicated in a “conspiracy”, according to court transcripts, to bankrupt the Hages in order to obtain the abundant Pine Creek Ranch water for the benefit of Southern Nevada interests.
In his letter, Hage stated that, “....I believe Alf W. Brandt, as solicitor for the BLM Department of Interior, would like to find a way to eliminate me at the hands of some (federal) ‘Law Enforcement’ personnel.”
In the thirteen-year Fifth Amendment of the Constitution “takings” lawsuit in the U. S. Court of Federal Claims between the Hage family and the federal government, Hage has prevailed in all court rulings to date.
In 1991, the federal government, in an attempt to derail Hage’s civil “takings” case, attempted to prosecute him for destruction of government property. The case was reversed by the Ninth Circuit Court of Appeals.
Nevada Live Stock Association Director, Ramona Morrison, remarked about the May trial. “The government’s case faltered dramatically during the compensation trial. Every government witness was roundly impeached or discredited during cross examination. Facing the potential of incurring enormous damages in a ruling expected after the October closing arguments in Reno -- and numerous “takings” cases brought by other ranchers who have found themselves in similar circumstances as Hage -- the U. S. Forest Service and BLM have little chance at damage control. They may be acting in desperation to intimidate other ranchers from similar attempts to seek compensation when federal government takes their property.”
Government Solicitor, Alf Brandt, justifies his actions in his letter to Sheriff DeMeo by stating that Hage is failing to keep his cattle on the forage of the 50-foot right-of-ways. Hage commented from his ranch, “The government argues that I must contain my cattle on 50 feet of either side of my 1866 ditch rights-of-ways, some of which are natural creeks. I defy anyone to show me where the Court has said that in any of the three published Decisions or in the one court Order. Yet this is their justification for seeking my arrest. The government refuses to recognize that I am not a trespasser on my own ranch.”
# # # # #
Contacts:
Tony DeMeo, Nye County Sheriff 775.751.7000 www.nyecountysheriff.net
Ramona Morrison 775.424.0570 rhmorrison@sbcglobal.net
Wayne Hage 775.482.4187
Ladd Bedford, Esq., Attorney for Hage 415.905.0200
Nevada Live Stock Association
9732 State Route 445, #305
Sparks, NV 89436
775.424.0570
Fax: 775.424.0571
rhmorrison@sbcglobal.net
Note from Kathy Van Tuyl: Remember, folks ... these are President Bush's Secretaries of Agriculture, of Interior, and his Attorney General. He apparently has no more control over them now than he did four years ago, and I haven't heard him talk about doing anything about them. Should we give him another four years?
To be fair, I doubt he even knows this is going on ... although you can bet his cabinet members do. And since their actions do truly endanger this nation and her citizens, AND, after all, don't these threatened actions by USFS and BLM constitute "paper terrorism" as defined by the Patriot Act ... I ask that you join me in demanding President Bush defend us against this kind of terrorism here at home ... NOW! This is a real and imminent danger ... and he can stop it with a phone call!
Let's see what a few thousand of us can accomplish! Please be respectful but firm. There is plenty of useful information in the Nevada Live Stock Association press release with which to construct your letter.
Federal Citizen Information Center - Email addresses for the Bush Administration http://www.pueblo.gsa.gov/call/e-mail.htm 1-800-FED-INFO (1-800-333-4636)
President George Bush president@whitehouse.gov 1-202-456-1414 1-202-456-1111 1-888-552-9406 (non-working in parts of the country) Fax: 1-202-456-2883 or 202-456-2461
Secretary Ann Veneman Ann.Veneman@usda.gov 1-202-720-3631 1-866-632-9992 Veda Patterson 202-260-1026 Fax: 1-202-720-2166
U.S. Forest Service Chief Dale Bosworth dbosworth@fs.fed.us 1-202-205-1661 Fax: 1-202-205-1765 U.S. Forest Service, 202-205-8421, Deputy Office, Kathleen Clemens
U.S. Forest Service Regional Forester, Region 4, Jack Troyer jtroyer@fs.fed.us 1-801-625-5605 Fax: 1-801-625-5359
Secretary of [the Department of] Interior Gale Norton gale_norton@ios.doi.gov 1-202-208-7351 or 1-202-208-6416 1-202-208-3100 (information and employee locator number) Fax: 1-202-208-3144, 202-208-6956 or 1-202-273-3501 [Harold] Craig Manson, Assistant Secretary for Fish & Wildlife and Parks 1-202-208-5347 craig_manson@ios.doi.gov
Bureau of Land Management (BLM) Director, Kathleen Clarke (Greg) Kathleen_Clarke@blm.gov 1-202-208-6731 or 1-202-452-5125 Fax: 1-202-452-5124
BLM State Director (Nevada), Robert Abbey babbey@nv.blm.gov 1-775-861-6590 Fax: 1-775-861-6601
Attorney General John Ashcroft AskDOJ@usdoj.gov 1-202-353-1555 or Main Switchboard 1-202-514-2000 Fax: 1-202-307-6777
Could this be why the federal agencies won't leave Wayne Hage alone? Please read and consider that this 'trail' passes through Private Land and that often the private landowner is not even told about the existence of this 'trail'
It seems that the American Discovery Trail (ADT), "The nation's first coast-to-coast, non-motorized recreation trail", passes right by (or through?) Wayne Hage's Pine Creek Ranch in Nye County, Nevada. http://www.discoverytrail.org/states/nevada/nv_points4.html
ADT's home page: "Stretching across more than 6,800 miles and 15 states, the ADT is the only coast-to-coast, non-motorized recreational trail. Linking communities, cities, parks and wilderness, the ADT allows people to hike, bike or ride horses for an afternoon or a cross-country adventure." The first "national discovery trail" long-distance trail. http://resourcescommittee.house.gov/archives/105cong/parks/pks97mtg.htm Originally described as being 6,000 miles in length -- from Cape Henlopen State Park in Delaware to Point Reyes National Seashore in California -- it has expanded by over 800 miles in less than seven years. http://www.discoverytrail.org/index.html
The ADT website is supported by the Coleman Company and the Lipton Company: http://www.Coleman.com and http://www.Lipton.com . See more sponsors: http://www.discoverytrail.org/sponsors/index.html -- including DeLorme http://www.DeLorme.com
"About Us" and "Mission": http://www.discoverytrail.org/about/index.html
See the list of Board of Directors: http://www.discoverytrail.org/about/staff.html
info@discoverytrail.org
This researched information sent to you by Julie Kay Smithson propertyrights@earthlink.net www.PropertyRightsResearch.org (Have you visited lately? Family safe, educational and empowering, regularly updated.)
Snort. Welcome to Seattle, where your own land is not really your own land, also.
This, and similar cases, are being driven by people who have been heavily entrenched in the bureaucracies for many years. I doubt if any of Bush's appointees, even at the cabinet level, would end the bureaucratic War Against Citizens. The point is that both parties seem to be all for it.
We can and should appeal to our representatives to end the abuse by federal agencies. It might not work, but we are obligated to try.
"... a decent respect to the opinions of mankind requires that they should declare the causes which impel them ..."It has happened before"... a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world. ..."
ping for later
Let me know if any legally-armed "security" is needed at the ranch.
I will not sit back and watch as another citizen is murdered by the federal police.
>> Sheriff DeMeo commented on the governments actions, “It is inexplicable to me why, after thirteen years of litigation, the BLM and Forest Service seem so anxious to go after Hage now. But there definitely seems to be an intensity building in this county and I expect them to try something. I have instructed my deputies to protect Constitutional rights of the citizens of Nye County, even if the perpetrator is the federal government,” he added.<<
Until Sheriff DeMeo requests civilian support from Nevada citizens, we should allow him to maintain control of the Feds with his deputies.
The offer is recognized and much appreciated.
The one thing everyone can do is to make their Congressman aware of what is happening here and if you have any journalist friends, television news employees, or others in that line please email this link so that we may spread this unnecessary action by the BLM far and wide.
Thank you!
The one thing that government agencies hate is when the citizens are staying on top of every civil right they break.
"Seems like we have another elitist hold-over in the BLM "
Oh, good greif, not again! Hey, Jeff, I've only got a couple minutes to use the 'puter, so I'll get back about this as soon as I can. We can't let this one happen.
I am of the belieft that the lions share of the problems George Bush has had are because of the "hold-overs"...he needs to clean house! Unfortunately, it's probably too late.
More on property rights issues that impact ranchers, recreationists -- every last mother's son of us.
Prairie Dog comments:
http://www.propertyrightsresearch.org/2004/articles6/my_official_public_comments_rega.htm
ESA Victim Testimony for the House Resources Committee:
http://www.propertyrightsresearch.org/2004/articles8/esa_and_its_real_victims.htm
http://www.klamathbucketbrigade.org/HRC_TestimonyofSmithson080204.htm
http://www.teamamericapac.org/ta-nw-040804-julie.shtml
A short poem:
http://www.ndland.org/news/sus1102.htm
This is my report from the trip to the Klamath Basin in August 2001:
http://www.klamathbasincrisis.org/articlesafter1103/rdslesstravldjulie070904.htm
Here's an older article on the ESA that was printed by The Asheville Tribune (North Carolina):
http://www.citizenreviewonline.org/may_2002/the_many_facets_of_the_esa.htm
http://www.prinsco.com/newstory.cfm?ID=172
http://www.klamathbucketbrigade.org/many_facets_of_the_esa.htm
http://www.propertyrightsresearch.org/many_facets_of_the_endangered_sp.htm
Lots of good articles here:
http://www.crowley-offroad.com/environmental_issues.htm
Another on the ESA:
http://www.serve.com/Lincolnheritage2/Articles/The_Address__Article_Search/Address_Articles_since_1997/Address__1997___Environment/Trusting_the_EPA__/trusting_the_epa__.html
From 2001, a report about the Range Fighters Conference in Las Vegas, Nevada:
http://www.paragonfoundation.org/range_fighters_conference.htm
The post didn't work the first time. And I never knew ya was the female variety, =o)
We certainly need more Sheriffs who have read and understand the US Constitution and the Bill of Rights to contain these bureaucracies!
Tony DeMeo, Nye County Sheriff 775.751.7000 www.nyecountysheriff.net
Please continue to spread the word about what is happening in Nye County because the same could happen in yours. We need to put the clamps on this type of Federal misbehavior now.
Good idea. Jeff's closer and JJ would publish for him at the Sierra Times. If it gets to the point that we've got to have another "get together" then I'll gladly write about it.
The funny thing is that the last time a bunch of us got together I met some of the finest people I've ever had the pleasure to meet. So the prospect is inviting.
Jeff, if you have contact with Sheriff Mack let him know what's going on, if he doesn't already know.
Thanks for the update. I'll call the sheriff's office tomorrow.
ADeMeo@nyecounty.net
Sheriff Warns Hage of Possible Cattle Confiscation and Arrest August 17, 2004
Nevada Live Stock Association
# # # # #
Contacts:
Tony DeMeo, Nye County Sheriff 775.751.7000
ADeMeo@nyecounty.net
www.nyecountysheriff.net
Assistant Joanne Cody or Lieutenant Mike Bolfin 775-482-8101 (Tonopah)
Ramona Morrison 775.424.0570
rhmorrison@sbcglobal.net
Wayne Hage 775.482.4187
Ladd Bedford, Esq., Attorney for Hage 415.905.0200
Nevada Live Stock Association
9732 State Route 445, #305
Sparks, NV 89436
775.424.0570
Fax: 775.424.0571
rhmorrison@sbcglobal.net
Note from Kathy Van Tuyl:
Remember, folks ... these are President Bush's Secretaries of Agriculture, of Interior, and his Attorney General. He apparently has no more control over them now than he did four years ago, and I haven't heard him talk about doing anything about them. Should we give him another four years?
To be fair, I doubt he even knows this is going on ... although you can bet his cabinet members do. And since their actions do truly endanger this nation and her citizens, AND, after all, don't these threatened actions by USFS and BLM constitute "paper terrorism" as defined by the Patriot Act ... I ask that you join me in demanding President Bush defend us against this kind of terrorism here at home ... NOW! This is a real and imminent danger ... and he can stop it with a phone call!
Let's see what a few thousand of us can accomplish! Please be respectful but firm. There is plenty of useful information in the Nevada Live Stock Association press release with which to construct your letter.
Federal Citizen Information Center - Email addresses for the Bush Administration
http://www.pueblo.gsa.gov/call/e-mail.htm
1-800-FED-INFO (1-800-333-4636)
President George Bush
president@whitehouse.gov
1-202-456-1414
1-202-456-1111
1-888-552-9406 (non-working in parts of the country) Fax: 1-202-456-2883 or 202-456-2461
Secretary Ann Veneman
Ann.Veneman@usda.gov
1-202-720-3631
1-866-632-9992 Veda Patterson 202-260-1026
Fax: 1-202-720-2166
U.S. Forest Service Chief Dale Bosworth
dbosworth@fs.fed.us
1-202-205-1661
Fax: 1-202-205-1765
U.S. Forest Service, 202-205-8421, Deputy Office, Kathleen Clemens
U.S. Forest Service Regional Forester, Region 4, Jack Troyer
jtroyer@fs.fed.us
1-801-625-5605
Fax: 1-801-625-5359
Secretary of [the Department of] Interior Gale Norton
gale_norton@ios.doi.gov
1-202-208-7351 or 1-202-208-6416
1-202-208-3100 (information and employee locator number)
Fax: 1-202-208-3144, 202-208-6956 or 1-202-273-3501
[Harold] Craig Manson, Assistant Secretary for Fish & Wildlife and Parks
1-202-208-5347
craig_manson@ios.doi.gov
Bureau of Land Management (BLM) Director, Kathleen Clarke (Greg)
Kathleen_Clarke@blm.gov
1-202-208-6731 or 1-202-452-5125 Fax: 1-202-452-5124
BLM State Director (Nevada), Robert Abbey
babbey@nv.blm.gov and Bob_Abbey@nv.blm.gov
1-775-861-6590
Fax: 1-775-861-6601
Attorney General John Ashcroft
AskDOJ@usdoj.gov
1-202-353-1555 or Main Switchboard 1-202-514-2000 Fax: 1-202-307-6777
Could this be why the federal agencies won't leave Wayne Hage alone? Please read and consider that this 'trail' passes through Private Land and that often the private landowner is not even told about the existence of this 'trail'
It seems that the American Discovery Trail (ADT), "The nation's first coast-to-coast, non-motorized recreation trail", passes right by (or through?) Wayne Hage's Pine Creek Ranch in Nye County, Nevada.
http://www.discoverytrail.org/states/nevada/nv_points4.html
ADT's home page: "Stretching across more than 6,800 miles and 15 states, the ADT is the only coast-to-coast, non-motorized recreational trail. Linking communities, cities, parks and wilderness, the ADT allows people to hike, bike or ride horses for an afternoon or a cross-country adventure."
The first "national discovery trail" long-distance trail.
http://resourcescommittee.house.gov/archives/105cong/parks/pks97mtg.htm
Originally described as being 6,000 miles in length -- from Cape Henlopen State Park in Delaware to Point Reyes National Seashore in California -- it has expanded by ovver 800 miles in less than seven years.
http://www.discoverytrail.org/index.html
The ADT website is supported by the Coleman Company and the Lipton Company:
http://www.Coleman.com and http://www.Lipton.com .
See more sponsors:
http://www.discoverytrail.org/sponsors/index.html --
including DeLorme
http://www.DeLorme.com
"About Us" and "Mission":
http://www.discoverytrail.org/about/index.html
See the list of Board of Directors:
http://www.discoverytrail.org/about/staff.html
info@discoverytrail.org
----- Updated/Additional information -----
From Diane Alden (excerpt):
Mighty odd that the Klamath is blowing up again at the same time. Fox report on Klamath shows Indians (being used by greens or simply being hateful) and greens trying to shut them down again. They don't go away, they continue 'til they get what they want. Court cases mean nothing when they don't win.
Bush and Company are not strong enough or wise enough to have cleaned house in these organizations. The war on American property rights and the West continues...
----- Original Message ----- From: To: "Diane Alden" Sent: Wednesday, August 18, 2004 10:23 AM
Subject: Re: Hage Case
My advice to you is not to believe everything you might read in a news release issued by the NV Livestock Association. As a person who supposedly worked in the media, you should have learned to get your facts straight before forming an opinion.
-----
Thank you, Jeff Head!
Here's the Nye County Sheriff's email address, which I'll also post shortly:
ADeMeo@nyecounty.net or sheriff@co.nye.nv.us (the latter 'bounced' on me)
He needs a lot of support coming from all over America; it would be good for folks to send him short emails just saying something like, "Bravo, brave Sheriff DeMeo! I'm from [Ohio] and believe in your stance and in property rights and Wayne Hage's Pine Creek Ranch being LEFT ALONE by the Forest 'Service' and BLM and let Wayne's cattle and him/his family live in peace on their awesome ranch!
This from Montana:
----- Original Message -----
From: Bob Fanning
To: ADeMeo@nyecounty.net
Sent: 8/18/2004 2:56:11 AM
Subject: Dear Sheriff DeMeo
There are tens of thousands, possibly hundreds of thousands of people are watching Wayne Hage and his rights.
Please don't let the jack booted thugs at BLM/USFS/DOI destroy his rights before due process is finished.
Precedent set here will have long term consequences for all property& small business owners for generations to come.
This is a battle between socialism and a constitutional republic fought right in Nye, Nevada.
[Richard/Dick] Carver in "Time" 1992 was a hero of mine and millions more.
Please let the process be decided in court.
Sincerely, Bob Fanning Pray, Montana
-----
My email to Bob Fanning this AM:
THANK YOU, Bob! Bless your heart for writing to Sheriff DeMeo! We are Wayne and Helen Hage's neighbors, no matter where we live, and the agencies are already trying to do 'damage control'.
I got a call from Ralph Giffen in the Forest Service's D.C. 'range management' office a few minutes ago. He was sooooo smooth and tried to tell me that the Forest Service had won a portion of the case and I cut him off in mid-sentence, asking if he'd ever actually been ON the Hage's Pine Creek Ranch and SEEN with his own eyes the crimes committed by his agency and the BLM against Wayne and his family.
He demurred and admitted that he had not. I told him that I live in Ohio but that Nevada is my favorite state and that I have not only been to the ranch and seen with my own eyes that Wayne and his cattle and ranching operation have done ZERO DAMAGE to either the deeded acres OR the permit acres, but also seen where his first wife is buried.
I asked this Ralph Giffen where he'd expect to be residing, if this had been done to his agency, what has been done to Wayne and his family and way of life since 1978. I said, "You know that Wayne would be incarcerated in a New York Minute if he'd done a thimbleful of what your agency has done to HIM."
Mister Ralph Giffen was quiet. In the twelve minutes that we spoke, I assured him that I was not angry, because anger merely serves to further the agenda of the agencies and that I did not plan to shorten my life span due to mere criminal activities.
I reminded him that my taxpayer dollars are part of his paycheck, which means that he is supposed to work for me, and that I EXPECTED him to dutifully carry all my comments to Dale Bosworth and those surrounding him.
He's probably at the water cooler right now, shaking his head and trying to recover his mind set!
I love it when we stand on the hind legs that God gave us to stand on, and help our fellow man understand!
I'm ccing this to Wayne's daughter, Ramona, so that she can enjoy and share with Wayne what you sent to brave and good Sheriff DeMeo -- bravo to him and you!
-----
Another email message I've sent out today:
This has been spread all across America and William LaJeunesse of Fox News knows about it. I posted it last night at www.FreeRepublic.com and it's had 92 related postings so far and lots of folks are calling all those numbers and sending emails and faxes.
The Forest 'Service', BLM and DOI offices don't know what to think of all this irate public attention -- they're frantically working on 'damage control', but the message to them is clear: BACK OFF and LEAVE WAYNE HAGE ALONE!
http://www.freerepublic.com/focus/f-news/1193642/posts
I love it when networking and activism really do good things, like they are doing with this! After calling all the numbers given in the Press Release yesterday, results began coming in this morning.
One Forest Service guy from D.C. phoned me this morning and got half a sentence of 'damage control' out before I cut him off and gave HIM twelve minutes of reasoned, stoic, dedicated, determined, point-by-point examples of 'schoolyard bullies on steroids' that people would expect to see in Soviet Russia, but NOT here.
I told him that it was way past time for such 'iron fists in velvet gloves' agencies to pack up their marbles and GO HOME, and that such employee actions wouldn't survive a single day in the private sector.
He may still be in shock, but I didn't rant or rave, just gave him the most concentrated dose of common sense and tonguelashing he's had in a long time, if ever.
Then I said, "Thank you for calling; good-bye," and gave him time to stammer something, then I hung up!
The neat thing about my living below the poverty level is that I'm no longer 'feeding the beast'. It feels really good to be in this position :-)
Thank you, B4Ranch!
This is why I did not vote for him in 2000. I knew he wouldn't.
Hope your convalescence is progressing well.
Glad LaJeunesse is on the case. I got to meet him (and Helen Chenoweth-Hage btw, and Julie Smithson and Sheila Davis) at Darby.
book...study!!!!
progressing well!
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.