Category Archives: Private Property

UPDATED: Land, Liberty And The Federal Occupier (Naturally, Positive Law Understates Natural-Law Violations)

Individual Rights, Law, libertarianism, Media, Natural Law, Private Property, Regulation, Taxation, The State

Other than Fox New, which probably staved off a Waco-style massacre in its vigilant reporting, US presstitutes have been silent about Cliven Bundy’s heroic confrontation with the federal occupier. Before him came the Hage family, another family of great Americans, whose travails were featured on “Fox News Reporting: Enemies of the State.” What inspiring individualists.

Kudos to Canada Press for “shining truth on government ranch invaders,” and thus broadcasting from the rooftops about one of the most monumental confrontations against federal tyranny to have taken place since Edward Snowden and before him:

Coming clearly through the throbbing of helicopters and the roar of the SUVS of the feds harassing the Cliven Bundy Ranch, patriots there for Bundy should “tell it to the judge”.

There is mainstream media-suppressed case history in Nevada the feds are desperately trying to keep under wraps.

Chief Judge Robert C. Jones of the Federal District Court of Nevada smacked down high-handed, abusive feds, sending the pretend cowboys riding roughshod over Western ranchers and property owners back to their cobweb-laced offices in 2013.

In spite of their 200 armed snipers with boy toys in tow, those Stetson-wearing feds hunkering down on Cliven Bundy’s Ranch are nothing more than a bunch of cowardly ‘cobweb cowboys’ doing duty for radical environmentalists.

In the upheaval of Bureau of Land Management bureaucrats caving in fear to the radical environmentalists of the day, the Rule of Law still works in court, and everyone of those feds brandishing weapons knows it down at heart.

“The court case, U.S. v. Hage, has been keenly watched by legal analysts and constitutional scholars—but has been completely ignored by the major media.”
(New American, June 3, 2013)

“As we reported last November (”Judge Blasts Federal Conspiracy; Ranch Family Vindicated — Again!”), in June 2012, Judge Jones had issued a scorching preliminary bench ruling that charged federal officials of the U.S. Forest Service (USFS) and the Bureau of Land Management (BLM) with an ongoing series of illegal actions against Nevada rancher E. Wayne Hage that the judge described as “abhorrent” and a literal, criminal conspiracy.??“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.”

No cowpoke cuss could ever transcend what Judge Jones openly called feds invading ranch land.??“In fact, Judge Jones accused the federal bureaucrats of racketeering under the federal RICO (Racketeer Influenced and Corruption Organizations) statute, and accused them as well of extortion, mail fraud, and fraud, in an effort “to kill the business of Mr. Hage.”

Judge Jones bottom-lined what the government is doing to ranchers and property owners—end of chapter!

He, and likely other federal court black robes, know that the mainstream media goes into overdrive in trying to keep the truth from the masses.

Tragically, Fed-harassed rancher Wayne Hage was vindicated three years after he died. (Capital Press, Dec. 8, 2009).

While no one (mercifully) has died on the Bundy ranch—yet—the stories of Bundy,—-Hage, Wally Klump and others are a disturbing match.

“In a previous court decision, Senior Judge Loren Smith referred to the well-publicized Hage lawsuit as “a drama worthy of a tragic opera with heroic characters.”

“A federal judge has added $150,000 to the original $4.22 million judgment won by the estate of rancher Wayne Hage in a years-long battle over property rights.

“The federal government had asked Senior Judge Loren Smith to throw out the judgment. Instead, he increased it.

“Hage, a leader of the “Sagebrush Rebellion” against federal control of land, was the husband of former Rep. Helen Chenoweth-Hage, R-Idaho. They both died in 2006.

“The order is the most recent victory in a legal dispute that stretches back to 1991, when Hage filed suit against the government for taking his private property without just compensation.

“Hage’s 7,000-acre ranch in Nye County, Nev., bordered several allotments in the Toiyabe National Forest on which he built fences, corrals, water facilities and other rangeland improvements for cattle grazing.

“Tensions began to mount between the rancher and the U.S. Forest Service in the late 1970s, when the agency permitted the introduction of elk to the national forest, resulting in damaged fences and scattered cattle, according to court records.

“Over the next decade, other incidents aggravated the strain and eventually led to the lawsuit.

“According to court documents, the Forest Service excluded Hage’s cattle from forage and water in certain allotments, impounded animals that entered those allotments and prevented him from maintaining ditches needed to exercise his water rights.

“In his legal complaint, Hage claimed the agency had breached its contractual obligations and violated his constitutional rights.

“During the course of litigation, the U.S. Court of Federal Claims decided the Forest Service could legally prohibit grazing on the allotments without compensating Hage, since grazing permits are licenses and not contracts.

“As such, the impoundment of cattle was not an unconstitutional taking because the cattle had trespassed on government land, the court said.

“However, the court ruled that the agency had taken Hage’s water rights, ditch rights-of-way, roads, water facilities and other structures without just compensation and in 2008 ordered the government to pay him $4.22 million.

“The federal government asked the court to change or set aside the financial compensation, alleging there’s no evidence Hage actually built hundreds of miles of fences, trails, ditches and pipelines on the allotments.

“Under the law, Hage would qualify for compensation only if he had built the structures, the government said.

“Because his grazing permits only authorized Hage to maintain the structures, he was not entitled to their full value, the government said.

“The judge disagreed.

“In the context of the grazing permits, “maintenance” included placing or construction, he said in the most recent ruling.

“The government’s argument “cannot be squared with the language of the statute and the reality of range work and construction,” Smith said.

“In adding more than $150,000 to the award, the judge ruled that his previous decision had mistakenly omitted the value of ditches and pipelines taken by the government.” …

READ ON.

UPDATE (4/14): NATURALLY, POSITIVE LAW UNDERSTATES NATURAL-LAW VIOLATIONS. Of course Judge Andrew Napolitao is understating the violation of homesteader Cliven Bundy’s rights by the Bureau of Land Grabs. That’s because the Judge’s analysis is not from natural law, “the body of laws derived from nature and reason,” but from the positive law, which is “statutory man-made law, created through the state.” Still, Nap is better than most:

Napolitano characterized the resistance shown by Bundy supporters as a clear example of how Americans feel, “enough is enough with the federal government, we’re drawing a line in the sand right here – and it drew people from all around the country who basically said ‘quit your heavy handed theft of property and act like you’re a normal litigant and not God almighty’.”

MORE Nap.

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UPDATE III: Stand With Homesteader Cliven Bundy! (Temporary Victory)

Individual Rights, Liberty, Private Property, States' Rights

Ukrainians, Crimean, Syrians, Libyans, Israelis, Iraqis, Iranians, on and on: You say you want the support of the American people for your respective fights for freedom. Often you petition the US government for the people’s blood and treasure. How about y’all supporting a true American hero who is battling for real American freedoms? Rally around homesteader Cliven Bundy, “the last remaining rancher in the southern Nevada county.” It goes without saying that authentic Americans should be first to support Bundy.

The Feds want to obliterate a man’s ties to his homesteaded land. If they threaten his life, as they surely will, we may all need to travel to stand with Bundy.

Via The Blaze:

“… The fight began when Bundy stopped paying the Bureau of Land Management’s grazing fees in 1993, arguing in court filings that he had no obligation to pay the agency because his Mormon ancestors had worked the land decades before the agency was formed. Bundy claims he owes roughly $300,000 in back fees, but the federal government says it’s more than that.”

“It’s a freedom issue. It’s not about cows. It’s a state rights issue.”

Armed federal agents deployed last week to northeast Clark County, Nev., for what can only be described as a major escalation in a decades-long standoff between a local cattle rancher and the U.S. government.
Cliven Bundy, right, and Clance Cox, left, stand at the Bundy ranch near Bunkerville Nev. Saturday, April 5, 2014. The U.S. Bureau of Land Management started taking cattle on Saturday from rancher Bundy, who it says has been trespassing on U.S. land without required grazing permits for over 25 years. Bundy doesn’t recognize federal authority on land he insists belongs to Nevada. (AP Photo/Las Vegas Review-Journal, John Locher) AP Photo/Las Vegas Review-Journal, John Locher
(… at the Bundy ranch near Bunkerville, Nev., Saturday, April 5, 2014) The U.S. Bureau of Land Management started taking cattle on Saturday from rancher Bundy, who it says has been trespassing on U.S. land without required grazing permits for over 25 years. Bundy doesn’t recognize federal authority on land he insists belongs to Nevada. (AP)
Cliven Bundy, the last remaining rancher in the southern Nevada county, stands in defiance of a 2013 court order demanding that he remove his cattle from public land managed by the U.S. Department of the Interior’s Bureau of Land Management.
The 67-year-old veteran rancher, who has compared the situation to similar confrontations with government officials in Ruby Ridge and Waco, Texas, told TheBlaze that his family has used land in the 600,000-acre Gold Butte area since the late 1800s.

“I have raised cattle on that land, which is public land for the people of Clark County, all my life. Why I raise cattle there and why I can raise cattle there is because I have preemptive rights,” he said, explaining that among them is the right to forage.”

Dave Bundy Is Tasered by Federal Agent:

UPDATES I:

* The Positive Law: Taylor Grazing Act.

* “Cliven Bundy and Eric Holder’s ‘Rule of Law'” [Neocons: The Law of Rule was the same under Bush.] The author of this article should know that The Blaze = Glenn Beck.

* “Competition for thee, but not for me” By Ann Coulter. Brilliant column whose sentiment is similar to that of “The Titan Is Tired.”

* BLM holsters plan to [STEAL] seized cattle in Utah: “heavy-handed federal intervention … is sanctioned by court orders.” Now there’s a huge surprise. A tripartite tyranny.

* The Bureau of Land Management had erected “First Amendment areas’ in northeastern Clark County.” I guess so that they can shoot anyone who speaks outside the Sacred Circle.

UPDATE II: And we worry about Ukraine, when “we’re pinned down like butterflies by our own tyrants.” “Let’s Fret About Our Own Tyrants.”

UPDATE III (4/11): Temporary Victory. The Tyrant has disbanded, for now. But He’ll be back. Be vigilant, brave folks of Bunkerville, Nevada. And kudos to conservative programs like Sean Hannity’s and Greta Van Susteren’s. They probably prevented the massacre that might have occurred had coverage been up to the black holes that are CNN and MSNBC—they take cover from the news in non-stop non-news stories (such as the missing airplane, one month ago, the bridge in NJ, also ages ago and the Boston bombing last year):

Via ABC:

… today the BLM said it would not enforce a court order to remove the cattle and was pulling out of the area.

“Based on information about conditions on the ground, and in consultation with law enforcement, we have made a decision to conclude the cattle gather because of our serious concern about the safety of employees and members of the public,” BLM Director Neil Kornze said …

… “It’s not about cows, it’s about freedom,” Utah resident Yonna Winget told ABC News affiliate KTNV in Las Vegas, Nevada.

“People are getting tired of the federal government having unlimited power,” Bundy’s wife, Carol Bundy told ABC News.

Libertarian Feminists Make A Move On Von Mises

Gender, History, libertarianism, Private Property, Reason, Socialism

“Libertarian Feminists Make A Move On Von Mises” is the current column, now on WND. An excerpt:

“As I paged through the dog’s breakfast of an essay titled “The Feminism of Ludwig von Mises,” I found myself wondering:

What does midwifery have to do with Mises? Both find their way into the stream-of-consciousness non sequiturs that is the article. I suppose midwifery is an occupation dominated by women. Mises was an old-fashioned, European economist whose legacy women are attempting to occupy. That must be it!

Incidentally, naming the solipsistic feminists (a redundancy, I know) who’ve made a move on the Austrian-School economist is unnecessary. “Avoid naming names when dealing with marginal characters,” I was once instructed by a veteran journalist, who was responding to a devastating critique I had penned in reply to some self-important, insignificant sorts. Joseph Farah e-mailed one of his lacerating missives: “Good job. But who the hell are these people? Their arguments are of a piece with Yasser Arafat’s. Next time, tackle the Arafat argument instead,” he admonished.

Alas, “The Feminism of Ludwig von Mises” is devoid of argument to tackle. From the fact that Mises taught and mentored capable lady scholars, the FEE.org* feminists have concluded that the Austrian-School economist “actively promoted the interests of women in academia” and “saw women intellectuals in Vienna as an undervalued human resource.” …

… Indeed, it takes a degree of provincialism unique to our country’s feminists to claim that a European gentleman, born in Austria-Hungary in the late 1800s, was one of them—a rib from the feminist fraternity’s ribcage. This writer grew up in Israel at a time when quite a few elderly, highly educated Austrian gentlemen were still around. Grandfather, a master chess player, hung out with these men in Tel-Aviv chess clubs and cafés. Having actually encountered this creature in his natural habitat, I put this to you, gentle reader:

The proposition that Ludwig von Mises was a feminist is an apodictic impossibility. …

Read on. The complete column is “Libertarian Feminists Make A Move On Von Mises” now on WND.

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Killer Government

Government, Private Property, The State

The stories of government reckless indifference are unchanging. We saw it during super-storms Katrina and Sandy, to name two natural disasters.

Simply knowing the incentives at work in government makes predictions about the inaction of officials foolproof. Thus, borne out is my “premature” contention that local officials had procrastinated after the Snohomish County hillside landslide, in which “[a]t least 25 people are believed dead in the massive mudslide above the North Fork of the Stillaguamish River, although only 16 bodies have been identified. Dozens have been reported missing.”

Via The Seattle Times:

The commander of the Washington National Guard said Wednesday that he offered his help to county emergency-management officials last Saturday and Sunday but was rebuffed until midday Monday. A spokeswoman for the Federal Emergency Management Agency (FEMA) said its help was requested around noon on Monday.
The National Guard has a 50-person search-and-extraction team with experience and specialized equipment. FEMA has a nationally recognized 65-person urban search-and-rescue team.
Both teams arrived to help Tuesday, long after any sign of survivors was reported in the debris. …

Where have we heard this before? The answer is during every other rescue mounted by government.

Via Salon.com comes a belated report—it’s too late for the victims of the landslide in Snohomish County—that the officials failed to forewarn residents who built homes on the hill of a foreseeable lethal landslide.

One likely reason for the tragedy in our state is the failure of the state’s Department of Natural Resources to properly monitor clear-cutting nine years ago.

A Seattle Times analysis of government geographical data and maps suggests that logging company Grandy Lake Forest cut as much as 350 feet past a state boundary that was created because of landslide risks.
The state Department of Natural Resources is supposed to verify a timber company’s proposed cut on the ground and then reinspect the site after the harvest has been taken.
State Forester Aaron Everett reviewed records on the issue Wednesday afternoon and said it appears that a portion of the clear-cut’s footprint extended into the sensitive zone. He said his agency was trying to locate records to show whether it inspected the site after it was logged.
“I was surprised,” Everett said. He will investigate further before concluding whether Grandy Lake went beyond the borders.
Grandy Lake officials have not returned calls seeking comment.

Had the resource been privately owned, the owners would be legally liable and would have had all the incentives in the world to manage the land responsible. But I repeat myself.