Land And Water U.S.A.




Saturday, January 28, 2017

OUR DEDICATED FARMERS


To our Farmers, farming is not just a job. Dedication to feeding everyone, is their way of life.
By Lorrie Boyer 

EQUAL STANDING BILL

DRAFT   -   -  EQUAL STANDING BILL   -  -   DRAFT



A BILL FOR AN ACT CONCERNING THE MALICIOUS DEPRIVATION OF CONSTITUTIONAL RIGHTS BY A GOVERNMENT EMPLOYEE RELATED TO RANGES OF THE STATE.

The bill makes it illegal for a person who is a government employee acting under color of law to take any action harmful to any ranch unit or range allotment owner that deprives that owner of any property rights without first giving due consideration to those rights by: Accessing property with permission; Conducting a thorough takings implication assessment; Giving the owner due process; and, paying just compensation as required by law. 
A violation is an unclassified felony punishable by a fine of up to $500,000 and imprisonment of up to 5 years, or both. An owner who suffers a loss as a result of the person's actions also has a civil right of action to recover damages.


Be it enacted by the General Assembly of the State of _ _ _ _ _ _ _ _ _ _ 
1. Legislative declaration. 
The general assembly finds that: (a) The livestock sector of the agriculture industry of the state is - A critical and significant portion of the agriculture industry of the state And necessary for the continued health, prosperity and well-being of the People of the state; and (b) A significant number of livestock within the state spend a significant part of their lives on ranges of the state.
The general assembly further finds that: (a) The United States Supreme Court has held that stockwater Rights, range rights, right-of-ways, and improvements appurtenant to or - Associated with range allotments and ranch units are Constitutional rights worthy of protection - Under the Fifth Amendment of the United States constitution; and  (b) Government employees are required by the Fifth Amendment and Executive Order 12630 to consider the takings implications of their Decisions and actions on the property rights of ranch unit or Range Allotment Owners before taking those actions. (3) The general assembly declares that this act is necessary to preserve public safety and welfare. 

Malicious deprivation of constitutional rights. (1) A PERSON WHO IS A GOVERNMENT EMPLOYEE ACTING UNDER COLOR OF LAW COMMITS MALICIOUS DEPRIVATION OF CONSTITUTIONAL RIGHTS WHEN THE PERSON TAKES ANY ACTION HARMFUL TO ANY RANCH UNIT OR RANGE ALLOTMENT OWNER THAT DEPRIVES THAT OWNER OF ANY PROPERTY RIGHTS WITHOUT FIRST GIVING DUE CONSIDERATION TO THOSE RIGHTS BY: (a) ACCESSING PROPERTY < {the allotment or the ranch unit}> WITH PERMISSION; (b) CONDUCTING A THOROUGH TAKINGS IMPLICATION  ASSESSMENT; (c) GIVING THE OWNER DUE PROCESS; AND (d) PAYING JUST COMPENSATION AS REQUIRED BY LAW. (2) A GOVERNMENT EMPLOYEE WHO COMMITS MALICIOUS DEPRIVATION OF CONSTITUTIONAL RIGHTS IS DEEMED TO BE ACTING OUTSIDE THE SCOPE OF ANY GOVERNMENT DELEGATED AUTHORITY AND, THEREFORE, OUTSIDE THE PROTECTION OF ANY GOVERNMENT IMMUNITY FROM PROSECUTION, AND THE EMPLOYEE IS SUBJECT TO BOTH A CIVIL ACTION AND CRIMINAL PUNISHMENT UNDER THE LAWS OF THIS STATE. (3) A VIOLATION OF THIS SECTION IS PUNISHABLE AS AN UNCLASSIFIED FELONY CARRYING A FINE OF UP TO FIVE HUNDRED THOUSAND DOLLARS AND UP TO FIVE YEARS IMPRISONMENT, OR BOTH, FOR EACH SEPARATE OFFENSE. (4) A PERSON WHOSE RIGHTS ARE VIOLATED PURSUANT TO SUBSECTION (1) OF THIS SECTION HAS A PRIVATE RIGHT OF ACTION AGAINST THE GOVERNMENT EMPLOYEE WHO VIOLATED SUBSECTION (1) OF THIS SECTION AND IS ENTITLED TO DAMAGES.




Monday, January 2, 2017

WESTERN LANDS ISSUES 101



Western Lands Issues 101

By Dr. Angus McIntosh                                                          January 2, 2017
Executive Director RAO 

Contact: 970 213-1005        RangeAllotmentOwners@gmail.com

Western Lands Issues 101

Art 1 Sec 8 cls 17 US Const. (the "Enclave Clause") allows Congress "To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings; " Read carefully this section is about "exclusive Legislation" and "Authority". Or, what the Courts have called Police Power Jurisdiction. It also allows the US to exercise authority over places purchased with the consent of the State legislature. Art 4 Sec 3 cls 2 (the "Property Clause") says "Congress shall have the power to dispose of and make all needful rules and regulations respecting the Territory and other property belonging to the United States". Thus the US can own land and interests in land within the boundaries of a State yet have NO civil or criminal jurisdiction whatsoever (unless granted by the state legislature for specific military or federal purposes). Also, under the "Property Clause” the primary duty of Congress was to "dispose of" the public lands of the Territory. No later State was allowed to enter the union until it gave up its claims to the "unoccupied" public lands. This allowed Congress to continue disposing of the public land without interference from the State. Congress followed an unwavering policy of disposing of the land to the actual persons in possession and occupancy of the land. This was done first on Indian Reservations under the General Allotment Act of 1887, then under the Forest Reserve Act 1891/1897 and the StockRaising Homestead Act/Taylor Grazing Acts 1916/1934. Also, acquired land within "resettlement projects" (national grasslands) was also disposed of under the Bankhead Jones And Farmers Home Administration Acts of 1937/1946. These were all split-estate disposal laws that disposed of a surface "fee title" in the allotment to the rancher while retaining the minerals and commercial timber for separate disposal. Thus when a National Monument is proclaimed but contains language protecting "valid existing rights" all "Grazing Allotments" are legally unaffected. See Watt v Western Nuclear 1983, Kinney Coastal Oil v Kieffer 1928, US v New Mexico 1978.

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