By CABPRO Staff
A special thank you goes out to Herman Bansemer for bringing to CABPRO’s attention the June 6, 2008 final decision of Judge Loren Smith of the US Court of Federal Claims in Hage v. United States.
As a result of Wayne and Jean Hage’s property rights fight, which began in 1991, the property rights western ranchers hold on federal grazing allotments have been defined and given Fifth Amendment protection when taken through physical and regulatory actions by the federal government. The precedents set by Judge Smith’s decision extend beyond the west and establish a deterrent to environmental policies that take property from all Americans.
At long last, landowners have protection from the radical environmental agenda. For nearly 17 years the Hage’s, owners of the Pine Creek Ranch near Tonopah, Nevada, fought the US Forest Service and the Bureau of Land Management which were being encouraged by several environmental organizations that claimed the Hage’s held no property rights on federal lands.
The court ruled in favor of the Hage’s thereby securing protection for water rights on federal lands that flow to private property; for range improvements on federal lands; and, for the ditch rights of way.
Hage v. United States is important to American landowners not only because of its role in western land law, but also because it strikes at the heart and core of the environmental movement. More about this interesting story can be found on the Stewards of the Range website.
Again, thank you Herman for the tip and Stewards of the Range for helping Wayne and Jean Hage win their case which thereby helps protect our Fifth Amendment property rights too.