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 Hages 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 Governments 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. Hages 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. Brandts 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 governments 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 Hages 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 governments 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.)
Ping to the Meat warning and to the need of help for a
different Rancher, who is being over-run by BLM.
Sorry I forgot you in the bunch I alerted.
>>That's all, I need to know. I'm emailing Bush, my Senators, Congressman and political allies to enforce the law against this criminal Hage. The courts have spoken and the law is the law. Where do these rich cattlemen get off threatening our President! Put Hage in prison for life and take everything he owns away from him.<<
Oh man, are you going to be disappointed when you find out that your tax dollars are going to make Wayne and Helen quite rich. Right now, he's not but he will be when the judge puts a hefty price on "government taking of private property".
Considering how the BLM's case has been going, I would bet that what Mr. Abbey has done here will be more likely to antagonize a judge than anything. Given that, I would be very surprised if Wayne didn't get such an order.
It doesn't make a lot of difference who's in the White House, does it? Bureaucratic tyranny continues regardless.
This is what happens when you pi$$ off some needle-d*ck bureaucrat. They don't take "no" for an answer.
The BLM is ABOVE the law and has its own agenda regardless of who is in the Oval Office. They will do as they please as there is nobody above them. See what they did to me.......
http://members.tripod.com/LaPineNet/index-23.html
What we call a Democracy is a fraud.....the govt does as it pleases WHEN it wants.....try going to court against their unlimited funds and a few hundred thousand lawyers ... sure we have a DEMONocracy ...read what they did to me in great detail !!!!
marked
This is a must read. If Wayne is taken down, it will be nothing short of a police state action. Call the White House ASAP.
Okay folks, let's get on the email chains, the faxes and the calls to the government in Nevada and at the Fedral level over this! If we do so now, perhaps we can head it off before it becomes another Klamath Falls.
My guess is that the President and the heads of some of these agencies do not know how this is coming down. Seems like we have another elitist hold-over in the BLM there. Either way...we know they will back-off if we can make enough noise. No way is this going to stand with the Hage's in Nye County...no way.
The Sheriff said it all:
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,God bless that man and his deputies and the citizens there, and any of us who help, to stick by those guns. In this case, it looks like this Sheriff is on the right side of this thing from the get go.
I will try and keep my ear to the ground.
JH2 a mega-ping on this would be a good thing.
Bump and thanks for the ping, Jeff!!
President George Bush president@whitehouse.gov1-202-456-1414 1-202-456-1111 1-888-552-9406 (non-working in parts of the country) Fax: 1-202-456-2883 or 202-456-2461Secretary 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
BLM State Director (Nevada), Robert Abbey babbey@nv.blm.gov 1-775-861-6590 Fax: 1-775-861-6601
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
AG Secretary Ann Veneman Ann.Veneman@usda.gov1-202-720-3631 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
Tony DeMeo, Nye County Sheriff 775.751.7000 http:www.nyecountysheriff.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
Email sent to my Congresscritter, who happens to be Chair of Judiciary. I suggested that BLM may need a 'budget-based' reminder of their legal limits.
Hope it works.
Thanks for posting this Julie.
How about a story on this?
We need her back in Congress!
Thanks, Jeff.
BORDER XXI moving inland more and more? Stealing natural resources under the guise of establishing and preserving wilderness areas? Coast to coast foot path my butt. Can't wait for them to scratch a line in the soil from coast to coast and claim it's an endangered checkered ant migration route, marking 50 miles on each side of the trail for preservation. :<
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