[BenLurkin]

So now that this is over — was there some kind of side dispute over back rent?

[ponygirl]

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To: servo1969

Some additional information.

My brother grazes cattle in Nevada. He has, of necessity, become very knowledgeable on Nevada grazing law.

Here is what he tells me about this case that I haven’t heard or read anywhere else:
In Nevada, ranchers could vote to establish or not establish grazing districts. Once these districts were established, the BLM would “manage” the grazing land. By statute, the fees paid are not to lease the ground, but for BLM to manage the range.

According to the Taylor Grazing Act, the BLM is there to manage the range for grazing - NOT for tortoises or solar panels. BLM has been so far off the reservation for so many years that it is unlikely they will ever return to performing their legal activities.

The area where Bundy grazes voted against a grazing district. This means the land remained open range, and by Nevada law, the Bundy family had established their grazing rights by historic precedence. This right is to the forage on the property - regardless of who owns the deed to the land. (analogous to mineral rights). Therefore, since the ranchers voted AGAINST having BLM manage the land, they had no right to demand management (grazing) fees.

Also - cattle have enhanced the environment for the tortoises. Cattle can travel farther and faster than a tortoise. By shitting, the cattle deposit food and water for the tortoise - making areas previously too far from water now hospitable to the tortoise.

Finally - Nevada range cattle are far different than most other cattle in the US - even other range cattle. Because of the harsh environment (over 300 acres required to support 1 cow for 1 year), native cattle do much better than non-native cattle. My brother tells me that non-native cattle will lose at least a year of production before they learn the range. So Bundy cannot just go buy more cows and be made whole - he needs HIS cows that were taken, or he needs to be compensated for the cows AND the lost production while replacement cows become acclimated.

75 posted on 04/13/2014 12:00:29 AM PDT by GilesB

[GilesB]

Some additional information.

My brother grazes cattle in Nevada. He has, of necessity, become very knowledgeable on Nevada grazing law.

Here is what he tells me about this case that I haven’t heard or read anywhere else:
In Nevada, ranchers could vote to establish or not establish grazing districts. Once these districts were established, the BLM would “manage” the grazing land. By statute, the fees paid are not to lease the ground, but for BLM to manage the range.

According to the Taylor Grazing Act, the BLM is there to manage the range for grazing - NOT for tortoises or solar panels. BLM has been so far off the reservation for so many years that it is unlikely they will ever return to performing their legal activities.

The area where Bundy grazes voted against a grazing district. This means the land remained open range, and by Nevada law, the Bundy family had established their grazing rights by historic precedence. This right is to the forage on the property - regardless of who owns the deed to the land. (analogous to mineral rights). Therefore, since the ranchers voted AGAINST having BLM manage the land, they had no right to demand management (grazing) fees.

Also - cattle have enhanced the environment for the tortoises. Cattle can travel farther and faster than a tortoise. By shitting, the cattle deposit food and water for the tortoise - making areas previously too far from water now hospitable to the tortoise.

Finally - Nevada range cattle are far different than most other cattle in the US - even other range cattle. Because of the harsh environment (over 300 acres required to support 1 cow for 1 year), native cattle do much better than non-native cattle. My brother tells me that non-native cattle will lose at least a year of production before they learn the range. So Bundy cannot just go buy more cows and be made whole - he needs HIS cows that were taken, or he needs to be compensated for the cows AND the lost production while replacement cows become acclimated.