“I was saying that the idea that her family had done this for generations doesn’t count for much in the end.”
IANAL, but wouldn’t the continuous use of the property for the past 100 years create some kind of property easement?
Adverse possession? That’d be an interesting argument.
The BLM stopped taking proper care of the land. The rancher maintained the land for ‘x’ number of years at his expense - therefore he claims it as his own.
It might actually be worth a try, depending upon the length of time stipulated I Nevada law before such a claim to be made. And assuming, of course, that he really did pay for all maintenance and improvements on the land.
I do not think you can get a prescriptive easement against the federal gov’t because easements are an issue of state law and therefore cannot override federal law.
Further, his payment for grazing in the past indicates that he acknowledges that the land is not his.
IANAL, but wouldn’t the continuous use of the property for the past 100 years create some kind of property easement?State by state basis, and not in Nevada, unfortunately for Bundy.