Land And Water U.S.A.




Saturday, January 28, 2017

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.




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