Sheriff Warns Hage of Possible Cattle Confiscation and Arrest by BLM & Forest Service

The Nevada Live Stock Association (Press Release) ^ | August 17, 2004 | Ramona Morrison, the Nevada Live Stock Association

[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 Hage’s 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 Government’s 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. Hage’s 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.” Brandt’s 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 government’s 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 Hage’s 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 government’s 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.)

[Jeff Head]

You are very welceom RWM. Please use the contact list and emails and fax numbers in POST 53 to contact people on this...send it out in your email chains.

If we all act now, we can maybe avoid a big confrontation and all that goes with it.

[Jeff Head]

I' like to see her run for Governor here in Idaho or in Nevada. Here in Idaho, she would have HUGE support.

[Triple]

Sounds like a great sheriff.

Thanks for all you do, Jeff.

Thanks as well to the propertyrights .org people.

Regards,

[Triple]

Sounds like a great sheriff.

Thanks for all you do, Jeff.

Thanks as well to the propertyrights .org people.

Regards,

[Triple]

Sounds like a great sheriff.

Thanks for all you do, Jeff.

Thanks as well to the propertyrights .org people.

Regards,

[Triple]

Sounds like a great sheriff.

Thanks for all you do, Jeff.

Thanks as well to the propertyrights .org people.

Regards,

[jmc813]

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.

You, sir, are an ass.

[MileHi]

Maybe your handle should have been Quadruple?

[Alamo-Girl]

Thanks for the ping!

[Searching4Justice]

I am so glad you posted this thread as people never know how crooked their government is. Only when you have dealt with them directly do you see their bully tactics, threaten you with fines and jail in every correspondence. Every document you have to file or send them HAS to be registered mail b/c they will claim they never got it. In my case they NEEDED a court order to shut down my sand and gravel mining operation but they KNEW they could not get one b/c I wasnt doing anything wrong so they typed out a phony cease and desist order, and had an ARMED Ranger hand deliver it to me. All the higher ups are insulated by the folks who answer the phones, they never let you speak to the person who sends you these threats, and you get nowhere talking to lower lever employees. In our community (Bend, Oregon) the local newspaper REFUSES to correct their earlier story about my operation being shut down legally. I appealed my case to the IBLA and after 3 1/2 years they ruled the government (BLM) did NOT secure a court order to shut down my operation . They know better, this is their job to go to a local jurisdiction and get an order to get you off Federal lands but in my case they just shut me down, took my income and occupation (common variety consultant) so that I would have very limited funds to represent myself in a hearing in which I proved their frauds to them (could have heard a pin drop when I proved fraud), and as I asked for a dismissal from retiring ALJ John Rampton, he said NO.....the end of Democracy for me, now I am dealing with terrorists with BLM badges. once again my website which explains all this in detail.... http://members.tripod.com/LaPineNet/index-23.html

[Jeff Head]

Thank you my friend.

Please use the links/contaacts in post 53 to contact these people and demand they desist.

Send the same to your email lists. Prhaps we can nip this one in the bud.

[denco]

I have just finished e-mailing all parties on the list. This is very serious business that can really backfire on President Bush in the west. We have to be on our toes every day in order to watch our property rights. Water is going to be one of the biggest issues we are going to have to defend. Sounds like that is what is behind this whole mess right now. Thanks Denco

[coloradan]

I cited the article, which contains a quote from the sheriff. I don't have any other info than this article, although I suppose a web search on his name would be productive.

[Searching4Justice]

thanks for the links, I will try to report these government frauds but I think they approved this illegal action, so where do I go from here ?

The following are the violations of law by the BLM........

By virtue of IBLA (INTERIOR BOARD OF LAND APPEALS) decision Ray Rothbard, 137 IBLA 159 (1996)

"The B.L.M. lacked authority to issue a notice to cease and desist mining operations under 43 CFR 3809.3-2, because such action required an appropriate court order, which had not been obtained."

These are the civil rights violations they have NOT been prosecuted for: 42 USC 1983, deprivation of civil rights 42 USC 1985, conspiracy to interfere with civil rights 42 USC 1986, action for neglect to prevent abuse 42 USC 1987, prosecution for violations of civil laws 18 USC 241, conspiracy against civil rights 18 USC 242, deprivation of rights under color of law 18 USC 1341, Mail Fraud 18 USC 152, knowingly making false declarations 18 USC 1001, knowingly submitting false statements 18 USC 1962(d), conspiracy 31 USC 3802, liability for false claims and statements 43 CFR 20.735, fraud or fraudulent statements

[american spirit]

It's important to understand that they are using a process against you in order to gain jurisdiction in this matter. Believe it or not, everything they've probably sent to you by virtue of notices, letters, etc. are all "offers of contract" . If those offers are not rejected within a certain amount of time, you've gone into "dishonor" and the "dispute" begins.

Also, it's critical to put the bureaucrat/gov't agent on official notice that he must establish his basis for intruding into your commercial affairs without your consent and this is big.....in order for his notice to have validity he must send it UNDER PENALTIES OF PERJURY (26 USC 6065) which they will NOT do because it leaves them personally liable. In Tx. some of the legal reform groups are stopping attorney's, code enforcers, etc. dead in their tracks because they understand the "adminstrative" rules and procedures used by the gov't at all levels to gain control over our affairs.

[Searching4Justice]

Thanks for your reply...the mining laws guarantee a citizen certain rights which the govt has no say, it's law. They just robbed me of my rights while threatening fines and jail but that doesn't seem to bother them. The land I was mining was Federal land and sometimes you can arrange to pay them a royalty for what is mined. We tried that, they wanted market price for this material in the ground !!! They just want to stress me out so I will die young and they can say at sometime in the future "these are our reserves we have been sitting on "(while I made the discovery).

Politics enter when the BLM has to use a source of their aggregate in a residential area where they claim to the public we have to use this source as there are no others. Which is bull since they KNOW of this land but to save themselves money by using a source closer to where they need to use it. We are talking about a 1000 acre deposit which is 20 feet thick (as tested already), so there are many millions involved here and I am like some bug they just want to SQUASH !!!! at the time I was in my 6th year as Little League President and we built 2 baseball fields out of land donated by the govt so they certainly knew me and my positive intentions, many could have been employed here.

[MississippiMan]

Old government tactic: If they can't beat you in court, financially ruin you. The bureaucrats behind things like this are the ones who should be arrested.

MM

[Jack Black]

It is disapointing that all this takes place all the time. I was recently visiting the Steens Mountains in Eastern Oregon and due to a Clinton Exec. Order they have sealed off the entire range from humans. All the 4WD roads are closed, and supposedly they sit in some ranger station glassing for violators. The Steens are one of the most remote sections of the USA, hard to get to. What ever harm was being caused by the very few people using dirt roads in the park is largely in the immagination of our masters. None the less I think they confiscate your vehicle if they catch you there (proportionality for you).

It is sad that Bush has not reversed any of this. The Steens could be "undone" as a National Monument or have the Wilderness Designation changed by executive order.

But it doesn't work that way. Democratic administrations tighten the chains that bind us, Republican ones let us get used to them at their current tightness.

They now have "wilderness study area" signs up in the adjoining desert, another fun place to explore. Expect they will close that soon too. Can't have tire tracks in the sand!!

It's gonna take something a lot bigger than a second Bush term to fix the fundamental problems in our country. In fact I increasingly think we can't / won't fix it and we'll just be "the boiled frog".

Anyway, time to write more letters. Jeff, thanks for the ping. I've added the CW II ping list.

[farmfriend]

Now I can say he has a ping list...

No, but she does. LOL!

[farmfriend]

Rights, farms, environment ping.
Let me know if you wish to be added or removed from this list.
I don't get offended if you want to be removed.