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.)
Yes, I share the computer with two teenage boys and a husband. If I work that day I may not get on until evening. Bummer. Like their shoot em up games are important!
L
>>>> 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... <<<<
Way back on the Klamath threads. When everyone was Cheering & backslapping on how they won. I told everyone they hadn’t won squat. The same people are still in place. Just wait 2-3 years.
It’s the same thing in NV.
Could they know the fix is in for Kerry??
I trust you are a loyal subscriber to RANGE Magazine?
Clearly, this is a move by the Feds to get Hage out of the court of claims, where he is winning, and back in the regular courts where we almost always lose. If Hage doesn't remove the cattle, the Forest Service will impound and remove them, impose a fine or charge for the removal, and then place a lien on his private property for the amount of the fine. This is exactly what they've recently done to Kit Laney.
America will eventually get the government the people deserve. It will depend on whether or not there's a sufficient number of Patriots fighting for the Republic if we are to remain free.
Right now they are few and far between. I'm not quite sure how to breed more so if you have any ideas we need to hear them.
I trust you are a loyal subscriber to RANGE and Powerhouse magazines.
As a side note any rabid Bush supporters read this?
Yes
Hey B4. Stopped at the BLM office in Reno today and asked to see Abbott - "He is terribly busy!" according to the receptionist. "You can make an appointment if you want." No thanks.....
DOH ABBEY!
DOH ABBEY!
This disturbs me beyond belief. I had thought this thing was settled. And now they are doing this? It makes me sick. Thanks for the heads up.
I wish I could disagree with you. But when I read things like this!
Strip-search hoax plagues fast-food joints
http://www.freerepublic.com/focus/news/1166966/posts
Like I have said for years “ 80% of people deserve to live under communism”
Ok not really I have found out in any group, club or organization 80% are followers and for the most part do nothing unless fired up by the other 20% these are the private
10% show up to get things done the corporals 5% get thing going and get everyone moveing. 5% are the true leaders.
From bondage to spiritual faith;and now we are going
from spiritual faith to great courage;
from courage to liberty;
from liberty to abundance.
From abundance to selfishness;
from selfishness to complacency;
from complacency to apathy;
from apathy to dependency;
from dependency back again to bondage.
I'll join you in making an appointment to see Bob Abbey. It would be interesting to see what part of the Soviet Union he came from.
You trust correctly; several years' worth of Range Magazine reside in my office (reference/resource tools). I trust you visit www.PropertyRightsResearch.org regularly?
Question of the Day: Is Bob Abbey related to Edward Abbey? If anyone out there in FReeper land knows for sure.
Wayne Hage is one strong fellow -- and Helen is one-of-a-kind, meant in the most respectful and admiring way -- what they need from each of us is our keeping the fires lit under the agency contacts in the Nevada LiveStock Association's Press Release (main post). Today, Monday, Tuesday, Wednesday, and so on, until the BLM, Forest Service and DOI malcontents pack up their marbles and GO HOME.
Thanks PR...I'll check out Property Rights Research. I'm involved in a bunch of organizations and regularly financially support Stewarts of the Range, as well as Range Magazine...been a subscriber from the first issue which I reviewed at Cowboy Poetry in Elko. Was talking to CJ and she was handing out free copies of issue numero uno.
I'm also an old Swift Boat sailor, so I've been sending bucks to the swiftvets group. Lots of battles out there...
Keep up the good fight.
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