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Trial date set for landmark ranching case by
Carroll Cox 5/30/03 The trial date for phase two and phase three in Hage vs. United States has been set for May 3—May 21 of 2004 in Reno, Nevada. The Hage case, which was filed in the United States Court of Federal Claims in 1991, challenges the federal government’s total control over so-called ‘public’ land, claiming that most public land in the West is actually ‘split-estate’ land, with partial interest of grazing allotments, water and access rights owned by ranchers adjudicated and established in law prior to statehood and the formation of land agencies. The split estate ownership of grazing allotments forms a substantial portion of a Western ranch’s value and in some areas—such as Gila and Graham Counties— almost all of it (which is why Gila County has lost a $30 million cattle industry, according to Terry Wheeler, president of Gila County Cattle Growers). Shortly after the Hage case was filed, the government made its first attempt to have the case thrown out without a hearing on the issues. The government’s first summary judgment motion was denied in part, and Hage’s allegation that ranchers owned significant property rights in federal lands, which environmental and grazing regulations have taken, was allowed to proceed. Eleven years later, after numerous rulings in Hage’s favor and, significantly, after the court determined Hage owned the stockwater, ditch rights and other property interests in his grazing allotments, the government filed its fourth attempt to stop Hage’s efforts to prove federal regulations and physical confiscation by the government had taken private property without compensation. The government filed its latest motion arguing in part that the case should be dismissed because Hage did not have access (via the grazing permit) to the stockwater rights and ditch rights the court determined Hage owned in its January 29, 2002 decision; therefore those rights were noncompensable. The court disagreed, finding the property rights owned by Hage were pre-existing to the permit system and “the court is not of the opinion that lack of a grazing permit that prevents access to federal lands can eliminated Plaintiff’s vested water rights and ditch rights.” According to Margaret Hage Byfield, this was an important precedent because it demonstrated that even though the government eliminates a landowner’s grazing permit, it does not preclude the landowner from pursuing a ‘takings’ claim for the property the government has kept him from accessing. Byfield said that it is important to note that the court was not considering the question of whether or not a rancher is required to have a grazing permit. The Claims Court’s jurisdiction is over whether the regulations at issue have taken property without just compensation. Challenge to the validity of grazing permits will be handled in Federal District Court. The Hage family is preparing for next year’s trial with a host of expert witnesses. They will also be deposing more than 30 government officials they claim were involved in harassment, frivolous penalties and numerous ‘takings’ incidents. And come next May, Byfield said in a letter to supporters, the evidence will be presented to the United States Court of Federal Claims in this landmark takings case on how environmental groups have worked closely with the federal government to run landowners out of business. The case is being closely watched by property rights advocates and foes because of its potential to inflict a major blow to implementation of frivolous and/or unconstitutional environmental and other regulations. “We are fighting for the very soul of our nation,” Byfield said. “Our property rights are being eroded by an ever encroaching government. Our land is quickly being transferred into government control. Our constitutional principles are being diluted by volumes of administrative law. Yet, we still have the ability to turn public policy around because our founding fathers created a system of government that could triumph over tyranny if the people enforced the constitutional protections provided. “Our constitutional republic and our property rights are worth fighting for.” (The Hages are being assisted in their legal battle by Stewards of the Range, a nonprofit organization dedicated to property rights issues. Stewards can be contacted at 707 E. United Heritage Court, Ste. 150, Meridian, Idaho 83642. Telephone (208) 855-0707, Fax (208) 855-0763. The website is http://www.stewards.us. ) |