Major Victory in Hage v. United Sates Landmark Takings Case Decided in Favor of Property Rights

The Sierra Times ^ | 1 February, 2002 | Sierra Times Staff

[brityank]

One for the good guys.

[brityank]

PING and hallelujah!

[brityank]

The court also clarified the relationship between the rancher and the grazing permit system by stating the grazing permit is a license and the government has the authority to exercise reasonable regulations. However, because of this landmark decision, ranchers now may be protected from abusive grazing regulations if they cause the taking of access to the ranchers' 1866 Act ditch rights of ways or water rights.

"For the first time in history, a federal court has defined the balance between the western ranchers property rights and the governments ability to regulate," explained Bedford. "This decision is a major step forward for the security of federal land ranchers."

Jeff =
Will this help the folks in Klamath and their situation? I think this could help pry the headgates open; but like you I believe that they need to make additional arrangements to take their water access out of the hands of the governments.

[George Frm Br00klyn Park]

Guys, Things seem to be looking up. Folks are awakening, and judges are reading and applying the law as written. MUCH better than rule by the whims of man. Peace and love, George.

[zog]

This is good news! Only bad news is I bet the poor guy spent a lot of his own money to prove a point, money he won't be compensated for.

[madfly]

Good News!

[monkeywrench]

Bttt! He's fought a long time.

[headsonpikes]

Well....Hurrah!!!

[Grampa Dave]

Carry Okie has another version of this good news here, (link to another thread on this good news!)

[brityank]

I believe that he has the ability to sue for damages and recoup at least some of the funds expended, at least for his legal and court fees. As you may suspect, that's probably a drop in the bucket as against the fees and losses he's had during this imbroglio.

[blackie]

Property Rights and Freedom Is Worth Fighting For !!

The Right Of The People To Keep And Bear Arms Shall Not Be Infringed !!

An Armed Citizen, Is A Safe Citizen !!

No Guns, No Rights !!

Molon Labe !!

[Helix]

Wonderful news! Can the USFS appeal the decision?

[brityank]

Can the USFS appeal the decision?

IANAL but I believe they can -- and likely will. After all, it's only your money the USFS is spending, along with every other deep-pocketed taxpayer in the nation.

[brityank]

Great news; thanks for the link. Now lets see if Secretary Norton allows the USFS to appeal this. That should point to how far apart from Witt she is. Unfortunately, like you have said, 99.999999999999999999999999999% of these decisions are not under her direct purview, but rather the bureaucrats she is saddled with.

[Ben Ficklin]

The administration did not appeal the coho case or the roadless case.

[Ben Ficklin]

Does this mean that the Sagebrush Rebellion is back on?

[brityank]

It stopped?

[Free the USA]

bump

[Lucky]

Oh my gosh, justice actually prevailed this time, thanks George.