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To: taxcontrol
I don't think it's as obvious as you think it is. I don't have time to do all the legal research to know whether Bundy or BLM is correct. But, I feel certain, Bundy and the rest were doing just fine before the feds came in with an idea to regulate their actions. See this 1967 article from the “Montana Law Review” and see if you can easily conclude that the fed has the right to confiscate Bundy’s herd: http://scholarship.law.umt.edu/cgi/viewcontent.cgi?article=2167&context=mlr
177 posted on 04/10/2014 3:30:22 PM PDT by Alright2BRight
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To: Alright2BRight

Ok, here is some legal and historical background:

At the end of the Mexican-American War in 1848, Mexico and the U.S. signed the Treaty of Guadalupe Hidalgo which granted title to that land to the U.S., for which the U.S. paid Mexico $15 million.

Article II, Section 2, Clause 2 of the United States Constitution, includes the Treaty Clause, which empowers the President of the United States to propose and chiefly negotiate agreements between the United States and other countries, which become treaties between the United States and other countries after the advice and consent of a super-majority of the United States Senate. Upon the signing of the treaty, the US government to position and title of the land.

March 3, 1849 Creation of the Home Department consolidating the General Land Office (Department of the Treasury), the Patent Office (Department of State), the Indian Affairs Office (War Department) and the military pension offices (War and Navy Departments). This is what we call the Department of the Interior.

Sixteen years later in 1864, Nevada became a state. A provision of the Nevada Statehood Act of 1864 promised that Nevada would disclaim all rights to the unappropriated public lands lying within its boundaries, and that such land would remain at the sole disposition of the United States. Again, at this point in time the US is the owner of the land.

1873 Congress transferred territorial oversight from the Secretary of State to the Secretary of the Interior.

The Taylor Grazing Act of 1934[1] (P.L. 73-482) is a United States federal law that provides for the regulation of grazing on the public lands (excluding Alaska) to improve range land conditions and regulate their use.

1946 Interior’s General Land Office and Grazing Service are merged into the Bureau of Land Management.

At no time has the US government sold or transferred title to Bundy or any other person for the land in question. The US government owns the land.


180 posted on 04/10/2014 3:55:38 PM PDT by taxcontrol
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To: Alright2BRight

Thank you for that article. It’s in my reading queue.


184 posted on 04/10/2014 4:12:15 PM PDT by Scoutmaster (Is it solipsistic in here, or is it just me?)
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