Not allways bad news, for once
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AzViper
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Well it’s nice to see that this judge (Chief Judge Robert C. Jones) has the balls to stand up and uphold the constitution that so many others fail at. 
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jog
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Did you read this part about vested property right's? Also, a federal mining claim is considered real property. This sounds like what the state of Oregon & California have been doing to mining.
"Quote" Judge Jones said he found that “the government and the agents of the government in that locale, sometime in the ’70s and ’80s, entered into a conspiracy, a literal, intentional conspiracy, to deprive the Hages of not only their permit grazing rights, for whatever reason, but also to deprive them of their vested property rights under the takings clause, and I find that that’s a sufficient basis to hold that there is irreparable harm if I don’t … restrain the government from continuing in that conduct.”
"Quote" Judge Jones said he found that “the government and the agents of the government in that locale, sometime in the ’70s and ’80s, entered into a conspiracy, a literal, intentional conspiracy, to deprive the Hages of not only their permit grazing rights, for whatever reason, but also to deprive them of their vested property rights under the takings clause, and I find that that’s a sufficient basis to hold that there is irreparable harm if I don’t … restrain the government from continuing in that conduct.”
AzViper
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Here is a book written by Mr. Wayne Hage, Storm Over Rangelands
By fisher32:
This review is from: Storm over Rangelands: Private Rights in Federal Lands
This is one of the most important books of our day. Not well known, but it should be; if most of us were not so apathetic. This is written by a recently deceased Rancher from Nevada, Wayne Hage, who fought the Centralized Powers (D.C.), who were not originally intended to have the power we've allowed. He fought them along with his Sheriff's office & through the courts after they started trying to steal his water rights & his cattle. He eventually won his case for several million dollars, I believe the decision came down after he passed away. It has been a while since I researched this issue but I believe one of the reasons Mr Hage was so maliciously targeted by the BLM etc. is because of his publishing of this book on the history of land law & water rights going clear back to early colonial history. You see, no land in any of the states was ever ceded or titled to the D.C. Government by the original founders,(which Mr. Hage supports in his book). The Constitutionally authorized government of that time was only given authority to sell the lands into private hands, and they were delegated and mandated by the original 13 colonies to sell all of it. Now with a usurped power in their hands (an authority that is not their's) they therefore were allowed to assume power over time as if they owned these vast tracts. As a result of this incrementalist assumption of usurped power, they are encroaching even further on the private party's property and rights as well. This is a book that helps give a lot of background for questions we need answers to this very day; such as why we have such a problem with eminent domain and the inability to make improvements on our property without so much hassle, etc. This is not so much a book about an isolated land fight, as it is about Freedom. If you read it, you should see that any government, anywhere, increasing in size and power, is eventually used to enslave everyone. So, Mr. Hage's fight is our fight as well, whether we recognize it or not. That same fight will be brought eventually to all people if they don't become informed and fight that tyranny, no matter what form it arrives in. United we stand, divided we fall.
I can't recommend this book enough. It isn't a book to be entertained by. Instead it is for living the informed life and learning what our country truly was intended for, what it should be and how it is quickly changing for the worse, for all of us; and also how it can be changed back to provide all of us freedom once again. Mr. Hage did his research well.
P.S. For you intellectuals that need more verification to find this book worth reading: Wayne Hage was a college graduate with great abilities beyond ranching, who had decided to spend his lifetime ranching most of all. He was a hard working individual, well-spoken, with great depth of thought and character to his life. Most ranchers and farmers today are of the same stripe as Mr Hage was.
By Julie Kay Smithson "Klamath Pearl Lover":
This review is from: Storm over Rangelands: Private Rights in Federal Lands
This book cannot be praised too highly. Wayne Hage, gone to glory today, understood property rights as do few others. The book is the main course for those seeking the answers to all the questions about split estate, adjudicated rights, water rights, and so much more. It is a book that should become worn with use, for it is an indispensable reference and resource. It's not only a keeper, it's also the perfect gift for others that need to know more about property rights and fighting successfully for them. Again, it would get a 6-star rating if that were an option! No, I won't loan my copy!
By Don L. Fotheringham "Don Fotheringham"
This review is from: Storm Over Rangelands: Private Rights in Federal Lands (Hardcover)
Nevada Rancher Wayne Hage has done a wonderful job of research on the origin of federal control over unsettled, mainly western, land for the use of ranchers. The same historical and background principles of land-use apply to the timber and mining industries and in this respect the book is of value to a wider audience than America's cattlemen.
After laying the constitutional foundation of territorial (non-state) land held in trust by the federal government, Hage moves into the history of his, and his ancestor's, ongoing battle to retain his original grazing contracts.
At this point Hage's war with the BLM and the Bureau's effort to increase fees and reduce grazing rights, take the undaunted rancher into the federal courts.
Hage's legal war, in the opinion of this reader/reviewer, reduces the scope of his book to a private affair, rather than a general victory that might have loosened the federal grip on other badly needed natural resources.
Hage had already shown that pre-constitutional federal law (retained in force at the Convention of 1787) reserved all unsettled lands for the creation of new states, wherein the federal government would relinquish control over them. In other words had the will of America's founders been observed, there would be no federal lands and all unsetteld lands would now be under the jurisdiction of the government of each state encompassing such lands.
Inasmuch as Wayne Hage departed form his powerful structaul case and resorted to the subjective and uncertain opinion of the federal courts, I have given his book a Four Star rating -- certainly a commendable and very interesting work, nevertheless.
By J. Clayton (Colorado flatlands, USA)
This review is from: Storm over Rangelands: Private Rights in Federal Lands (Paperback)
I read this book a few years ago, but I do remember it was thought provoking and full of backgound history on land issues from folks that live and use the land. You never hear facts out of the regular media from the REAL rancher's angle - only the environmentalist's angle (or pseudo ranchers i.e. Ted Turner). This was not light reading, but thorough and challenging.
By fisher32:
This review is from: Storm over Rangelands: Private Rights in Federal Lands
This is one of the most important books of our day. Not well known, but it should be; if most of us were not so apathetic. This is written by a recently deceased Rancher from Nevada, Wayne Hage, who fought the Centralized Powers (D.C.), who were not originally intended to have the power we've allowed. He fought them along with his Sheriff's office & through the courts after they started trying to steal his water rights & his cattle. He eventually won his case for several million dollars, I believe the decision came down after he passed away. It has been a while since I researched this issue but I believe one of the reasons Mr Hage was so maliciously targeted by the BLM etc. is because of his publishing of this book on the history of land law & water rights going clear back to early colonial history. You see, no land in any of the states was ever ceded or titled to the D.C. Government by the original founders,(which Mr. Hage supports in his book). The Constitutionally authorized government of that time was only given authority to sell the lands into private hands, and they were delegated and mandated by the original 13 colonies to sell all of it. Now with a usurped power in their hands (an authority that is not their's) they therefore were allowed to assume power over time as if they owned these vast tracts. As a result of this incrementalist assumption of usurped power, they are encroaching even further on the private party's property and rights as well. This is a book that helps give a lot of background for questions we need answers to this very day; such as why we have such a problem with eminent domain and the inability to make improvements on our property without so much hassle, etc. This is not so much a book about an isolated land fight, as it is about Freedom. If you read it, you should see that any government, anywhere, increasing in size and power, is eventually used to enslave everyone. So, Mr. Hage's fight is our fight as well, whether we recognize it or not. That same fight will be brought eventually to all people if they don't become informed and fight that tyranny, no matter what form it arrives in. United we stand, divided we fall.
I can't recommend this book enough. It isn't a book to be entertained by. Instead it is for living the informed life and learning what our country truly was intended for, what it should be and how it is quickly changing for the worse, for all of us; and also how it can be changed back to provide all of us freedom once again. Mr. Hage did his research well.
P.S. For you intellectuals that need more verification to find this book worth reading: Wayne Hage was a college graduate with great abilities beyond ranching, who had decided to spend his lifetime ranching most of all. He was a hard working individual, well-spoken, with great depth of thought and character to his life. Most ranchers and farmers today are of the same stripe as Mr Hage was.
By Julie Kay Smithson "Klamath Pearl Lover":
This review is from: Storm over Rangelands: Private Rights in Federal Lands
This book cannot be praised too highly. Wayne Hage, gone to glory today, understood property rights as do few others. The book is the main course for those seeking the answers to all the questions about split estate, adjudicated rights, water rights, and so much more. It is a book that should become worn with use, for it is an indispensable reference and resource. It's not only a keeper, it's also the perfect gift for others that need to know more about property rights and fighting successfully for them. Again, it would get a 6-star rating if that were an option! No, I won't loan my copy!
By Don L. Fotheringham "Don Fotheringham"
This review is from: Storm Over Rangelands: Private Rights in Federal Lands (Hardcover)
Nevada Rancher Wayne Hage has done a wonderful job of research on the origin of federal control over unsettled, mainly western, land for the use of ranchers. The same historical and background principles of land-use apply to the timber and mining industries and in this respect the book is of value to a wider audience than America's cattlemen.
After laying the constitutional foundation of territorial (non-state) land held in trust by the federal government, Hage moves into the history of his, and his ancestor's, ongoing battle to retain his original grazing contracts.
At this point Hage's war with the BLM and the Bureau's effort to increase fees and reduce grazing rights, take the undaunted rancher into the federal courts.
Hage's legal war, in the opinion of this reader/reviewer, reduces the scope of his book to a private affair, rather than a general victory that might have loosened the federal grip on other badly needed natural resources.
Hage had already shown that pre-constitutional federal law (retained in force at the Convention of 1787) reserved all unsettled lands for the creation of new states, wherein the federal government would relinquish control over them. In other words had the will of America's founders been observed, there would be no federal lands and all unsetteld lands would now be under the jurisdiction of the government of each state encompassing such lands.
Inasmuch as Wayne Hage departed form his powerful structaul case and resorted to the subjective and uncertain opinion of the federal courts, I have given his book a Four Star rating -- certainly a commendable and very interesting work, nevertheless.
By J. Clayton (Colorado flatlands, USA)
This review is from: Storm over Rangelands: Private Rights in Federal Lands (Paperback)
I read this book a few years ago, but I do remember it was thought provoking and full of backgound history on land issues from folks that live and use the land. You never hear facts out of the regular media from the REAL rancher's angle - only the environmentalist's angle (or pseudo ranchers i.e. Ted Turner). This was not light reading, but thorough and challenging.
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goldenIrishman
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Makes me wonder here... If this judge slapped the BLM and USFS like he did, couldn't the same thing be applied to all of the enviro-nut groups? They're not even federal agencies and yet their actions have been depriving individuals from working their claims for years now. It may be worth looking into. Maybe a class action suite against them on behalf of the miners that have lost their right to operate dredges in California and Oregon due to their actions? These groups love the "Sue and Settle" tactics so why not use it against them for a change? Let's hit them where it is going to do some damage to them. In their pocket book!
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