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To: xzins

It’s not his land. His cattle are grazing on federal land.

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.

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.

Cliven Bundy has no legal right to graze his cattle on federal land without permission. When he stopped paying grazing fees, the federal government sold his grazing rights to the Clark County Multiple Species Habitat Conservation Plan.

In short, the U.S. bought and paid for that land. It owns it. It makes the rules on it. Article 1 section 8 of the Constitution specifically enumerates Congress the EXCLUSIVE legislative authority in all cases whatsoever. State law does not apply. County law does not apply. Cattle Barron law does not apply. Open range law does not apply. The ONLY law that does apply is US Federal law.


24 posted on 04/10/2014 11:49:40 AM PDT by taxcontrol
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To: taxcontrol

Read the daughter’s letter.

I’ve seen your post on about 4 or 5 threads now. Lot’s of folks simply don’t agree with you. Apparently, the governor of the state of Nevada, a former federal judge, isn’t buying the government line.


29 posted on 04/10/2014 11:52:39 AM PDT by xzins ( Retired Army Chaplain and Proud of It! Those who truly support our troops pray for victory!)
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To: taxcontrol

Where are the Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings?


42 posted on 04/10/2014 12:03:55 PM PDT by TigersEye (Stupid is a Progressive disease.)
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To: taxcontrol

But his grazng is an “Act of Love” You know... Jeb Bush dun told me so...


48 posted on 04/10/2014 12:13:53 PM PDT by GraceG
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To: taxcontrol

Which part of “...Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings” does grazing land fall under?


59 posted on 04/10/2014 12:26:48 PM PDT by WayneS (Help Control Politician Overpopulation - Spay or Neuter Your Senator or Congressman Today!)
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To: taxcontrol
The land that the Treaty of Guadalupe Hidalgo brought into the United States became, between 1850 and 1912, all or part of ten states: California (1850), Nevada (1864), Utah (1896), and Arizona (1912), as well as the whole of, depending upon interpretation, the entire state of Texas (1845) that then included part of Kansas (1861), Colorado (1876), Wyoming (1890), Oklahoma (1907), and New Mexico (1912).

Let me understand your logic, so the Treaty of Guadalupe Hidalgo gave all this land to US Government and anyone on the land can be removed? So for all of California and Texas the people need to leave?

89 posted on 04/10/2014 12:57:34 PM PDT by Lockbox
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To: taxcontrol

I was thinking that this is probably the wrong hill to die on.


106 posted on 04/10/2014 1:10:26 PM PDT by demshateGod (The fool hath said in his heart, There is no God.)
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To: taxcontrol
It’s not his land.

Gracias! Viva American Federal Government....Viva American Federal Government!

Keep forcing stupido racist Americano gringos to hand it over.

Beat them like a pinata...

155 posted on 04/10/2014 2:25:10 PM PDT by dragnet2 (Diversion and evasion are tools of deceit)
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To: taxcontrol; xzins; Scoutmaster
It’s not his land. His cattle are grazing on federal land. 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.

It is his land and it is OUR land. From California to the New York Islands.

If you want to play real estate law, then since the Treaty with Mexico was signed under duress after a questionably legal war, the land actually belonged to Mexico under the Land Grants from Spain. Since contracts signed under duress are not valid, the title to the land belongs to Mexico. The US Government has no legal right to the land any more than Mr. Bundy. When Mexico finally finishes it's ongoing invasion, the land will eventually revert to Mexico.

My guess is that Obama wants to take back the land so that he can give it freely to Mexico before he leaves office. It's an act of love, you know.

At any rate when the government allows free use of land for over 100 years, the precedent that is set requires that the government show good cause as to why they are rescinding the grazing rights and since Mr. Bundy has been paying for grazing rights for over 100 years, he does have a property interest in the land and the government would have to compensate him for it.

As she said Utah is next. I have ridden ATV's on the open range in Utah and if they close that down, then you can kiss your $10 a pound filet minon steaks goodbye. You'll be paying $10 a pound for cheap ground beef. This whole thing just may be a way to reduce global warming by denying cattle the food the consume to make farts.

176 posted on 04/10/2014 3:29:33 PM PDT by P-Marlowe (There can be no Victory without a fight and no battle without wounds)
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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: taxcontrol

“When he stopped paying grazing fees, the federal government sold his grazing rights to the Clark County Multiple Species Habitat Conservation Plan.”

Given that the grazing rights far predated BLM’s creation, the “range fee” would not be a grazing fee - indeed the justification was to pay for range advice from Big Gubment.

As Jefferson said, “Were we to be told by Washington when to sow and when to reap we should soon want for bread.”

Same for beef.

The question seems to hinge on the sale of the range rights.

Whatever.

In any case, there seems no way for America to avoid the coming war between Libturd and Conservative, producer and taker, private citizen and Gubment trough feeders.

Too bad, as I am a bit old for such needless 4th Gen warfare.


188 posted on 04/10/2014 4:30:19 PM PDT by GladesGuru (Islam Delenda Est - because of what Islam is and because of what Muslims do.)
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To: taxcontrol

You seem to make sense.

Then a sentence like this comes out...

“When he stopped paying grazing fees, the federal government sold his grazing rights to the Clark County Multiple Species Habitat Conservation Plan.” TC

One question - How does the government get to sell grazing rights that belong to Bundy?


225 posted on 04/10/2014 7:02:44 PM PDT by Triple (Socialism denies people the right to the fruits of their labor, and is as abhorrent as slavery)
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To: taxcontrol

“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.”

From what source does the US government get their millions?


276 posted on 04/11/2014 5:44:02 AM PDT by kelly4c (http://www.freerepublic.com/perl/post?id=2900389%2C41#help)
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To: taxcontrol

I agree with you Tax. This one is not one to hang your hat upon. If it was his land (outright owned like he does his 150 acres), and they suddenly said “you can’t raise cattle there anymore”, I would be up in arms. But that ain’t the case.

Yes folks, the government owns too much land. Yes, the government usually is a bully, but in this case I think the bully is the cattle rancher that just got pissed at having to pay a range tax that he thought was unfair.


292 posted on 04/11/2014 8:02:46 AM PDT by LowOiL ("Abomination" sure sounds like "ObamaNation" to me.)
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