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Thursday, April 24, 2014

Secure Property Rights: Hold Government To The Law

Cliven Bundy marched into my life one Friday morning in January 1992 in a protest bound for a federal courthouse in Las Vegas. He held up one side of a street-width banner that asked, “Has the West been won or has the fight just begun?”

To my great relief, just as Bundy promised, nearly 200 ranchers from all over the state marched behind him, yelling “Property rights!” Nearly a mile later, the marchers fell silent and filed into the courtroom where Wayne Hage of Pine Creek Ranch faced arraignment for the felony of cleaning brush out of his ditches without a U.S. Forest Service permit.

The Forest Service had already confiscated Hage’s cattle and left him bankrupt, just as the Bureau of Land Management would try with Bundy 22 years later.

Hage had already filed a lawsuit against the Forest Service in the U.S. Court of Claims, just as Bundy now has cause to do against the BLM – last week, during their failed attempt to confiscate Bundy’s cattle, agents wantonly bulldozed his water supply into oblivion without court authority.

Wayne Hage did not stand in that courtroom alone because I was honor bound to prevent it – I had published his 1989 book, Storm Over Rangelands: Private Rights in Federal Lands, which unleashed the federal fury.

     The message terrified abusive bureaucrats: There are private rights in federal        
     lands – vested rights, not privileges.

His book, the product of three intensive, grueling years consulting with dozens of experts and sifting through many archives, found the dirty little secret that could destroy the abusive power of all federal Western land agencies – by making them obey their own laws.

It was so stunning that a sitting Supreme Court justice secretly sent Wayne a message marveling at his shining intellect – burnished with a masters degree in animal science and honed by academic colloquies as a trustee of the University of Nevada Foundation – and warning of the titanic battle to come.


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