Replies

Estate of E. Wayne Hage v. United States
Petition for certiorari denied on June 17, 2013

Issue:
(1) Whether governmental agency interference with a person’s ability to access and beneficially use his vested water right under threat of prosecution, in part by requiring a permit not authorized or contemplated by any statute or regulation and in derogation of the very nature of the property right, is properly analyzed as a per se taking under Loretto v. Teleprompter CATV Corp. rather than as a regulatory taking under Penn Central Transportation Co. v. New York City;
(2) whether the Forest Service or Bureau of Land Management can alter the congressional grant or recognition of water rights and rights-of-way pursuant to the Act of July 26, 1866 by administratively redefining the scope and purpose of the easements or by superimposing a special use permitting requirement for their maintenance; and
(3) whether the fencing of water sources in which Petitioners had stockwater and other rights, intended to and which was sufficient to prevent livestock access to the source for at least a period of time, is a physical taking subject to Loretto and Arkansas Game and Fish Commission v. United States, without regard to whether some residual amount of water could escape.

Date Proceedings and Orders
Jan 17 2013 Petition for a writ of certiorari filed. (Response due February 25, 2013)
Feb 22 2013 Brief amicus curiae of Mountain States Legal Foundation filed.
Feb 22 2013 Brief amici curiae of Pacific Legal Foundation, et al. filed.
Feb 25 2013 Order extending time to file response to petition to and including March 27, 2013.
Feb 25 2013 Brief amici curiae of Public Lands Council, et al. filed.
Mar 28 2013 Order further extending time to file response to petition to and including April 26, 2013.
Apr 29 2013 Order further extending time to file response to petition to and including May 13, 2013.
May 13 2013 Brief of respondent United States in opposition filed.
May 24 2013 Reply of petitioners The Estate of E. Wayne Hage, et al. filed. (Distributed)
May 28 2013 DISTRIBUTED for Conference of June 13, 2013.
Jun 6 2013 Letter from counsel for petitioner received. (Distributed)
Jun 17 2013 Petition DENIED.