GRAND JURY INVESTIGATION OF NEVADA BRAND INSPECTOR

Nevada Live Stock Association
9732 State Route 445, #305
Sparks, NV 89436
775.424.0570
rhmorrison@bww.com
For Immediate Release November 19, 2003

ESMERALDA COUNTY DELIVERS ON PETITION FOR GRAND JURY INVESTIGATION OF NEVADA BRAND INSPECTOR

The County Clerk of Esmeralda County, Nevada, LaCinda Elgan, on November 17, 2003 said that enough signatures had been verified that a Grand Jury would be impaneled to investigate head Nevada brand inspector James Connelley. One hundred and eleven signatures were needed, 186 were turned in with the Petition, and 174 were verified as valid.

Connelley played a major role in allowing armed Bureau of Land Management (BLM) agents to seize rancher Ben Colvin’s branded cattle from his ranch in Goldfield, Nevada in late July 2001. The act sparked public protests and outrage that have dogged Connelley and the Nevada Department of Agriculture since the actions. The 62 head of cattle were eventually sold from BLM’s Palomino Valley Wild Horse and Burro facility by silent auction to a California teenager named Cody Palmer. Palmer used his grandmother’s credit card to complete the purchase. He paid $13,000 for the cattle.

“My cattle were grazing on my own property and watering from water that I own and have owned. Yet, I never had my day in court because the Brand Department transferred ownership of my property to the BLM,” said Ben Colvin from his ranch in Esmeralda County.

The Grand Jury Petition alleges that brand inspector Connelley allowed a BLM agent to sign as the “owner or his authorized agent” on the line where only the owner must sign to authorize transport out of the brand inspection district or for a change ownership. All of the cattle were inspected as branded to Ben Colvin with his 40 Bar brand.

“I am very thankful that my county is fighting back with me against this kind of rustling by the very agency who is supposed to be protecting my interests and my county’s economic survival. I felt good collecting signatures to call a Grand Jury. The bottom line is that this is one way we have to try to protect our property rights. It is not just for myself but for everyone in Esmeralda County and the State,” said Ben Colvin from his 40 Bar Ranch.

“I believe Connelley and his bunch were in the wrong. At the very least Connelley should have required the BLM to produce a court order. Instead he and the brand department said to heck with me and my due process rights. I’m fighting back because someone has to. I’m glad my countrymen and the Nevada Live Stock Association (NLSA) are standing with me,” said Colvin. Colvin is the NLSA Director for Esmeralda County.

The Esmeralda County Clerk has delivered the Petition summoning a Grand Jury to Fifth Judicial District Court Judge, the Honorable John Davis for action.

In August of 2003 Ben Colvin also filed a $30 million dollar “takings” lawsuit against the BLM under the Fifth Amendment of the Constitution in the United States Court of Federal Claims in Washington, D.C. That litigation is in progress.

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For more information contact Ben Colvin 775.485.6366 or the Nevada Live Stock Association 775.424.0570.