Cliven Bundy Has No Claim to Federal Land and Grazing [View all]

[CreekDog]

Cliven Bundy Has No Claim to Federal Land and Grazing
By Ralph Maughan and Ken Cole

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Cliven Bundy, the rancher whose cattle were rounded up and then released by the BLM over the weekend, claims that his family has used the land in question since 1880 but the Nevada Constitution pre-dates this by 16 years. When Nevada became a state in 1864, its citizens gave up all claims to unappropriated federal land and codified this in the state’s Constitution. The Nevada Constitution states:

“Third. That the people inhabiting said territory do agree and declare, that they forever disclaim all right and title to the unappropriated public lands lying within said territory, and that the same shall be and remain at the sole and entire disposition of the United States; …..”

If Bundy “owns the land then where is the deed? Where are the records he paid property taxes?

It’s not his land.

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In Public Lands Council v. Babbitt the U.S. Supreme Court upheld the new grazing regulations promulgated by the Department of Interior under former Secretary of Interior Bruce Babbitt to conform to Federal Land Policy and Management Act of 1976 (FLPMA) and found:

The words “so far as consistent with the purposes . . . of this subchapter” and the warning that “issuance of a permit” creates no “right, title, interest or estate”...

He has no “right” to graze it.

The federal courts have struck down every challenge Bundy has made about his claims, and has issued not one, but two, court orders to remove his trespass cattle. It’s not his land and he has no right to graze it.

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What about Bundy’s claim that his forebears bought the land he is now accused of trespass grazing upon? This land was once Mexican land, and was won by the United States after the Mexican-American War. It is part of what is known as the “Mexican Cession.” All of Nevada, California, Arizona and most of New Mexico were part of the Cession...but those lands that were not privatized have always been Mexican lands or United States lands owned by the U.S. government.

Before the Taylor Grazing Act, these government lands were called “the public domain.” They could be privatized, as mentioned, under the Homestead Act and such, but the acreage allowed per homesteader was limited to 160 acres....The result was disaster because the operator to find green grass and eat it first won out, promoting very bad grazing practices. That was the reason for Taylor Grazing Act — ranchers and others could see the public domain system led to disaster on the ground. Therefore, the more powerful ranchers with “base” private property received grazing permits. This got rid of the landless livestock operators.

...Now, ranchers with grazing permits had to pay a grazing fee to use their permits. Bundy’s ancestors probably got one of these grazing permits, but they most certainly did not buy the land. That was not possible. The public domain was not for sale and ranchers generally did not want it. After all, if they owned it, they would owe local property tax.

In 1948 the Bureau of Land Management was created by executive order of President Truman to replace the Grazing Service...It is supposed to manage the public lands for multiple uses and for sustained production (“yield”) of renewable resources such as grass...As before, you need a grazing permit for cattle, sheep, goats, or horses to legally graze. It is a privilege, not a right, and this has been firmly stated by the U.S. courts.

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http://www.thewildlifenews.com/2014/04/14/cliven-bundy-has-no-claim-to-federal-land-and-grazing/