DIAMOND BAR CATTLE COMPANY

For Immediate Release

3/4/04

Contact: Erik L. Ness - Director of Communications (505) 532-4705/

(505) 644-1416

(Las Cruces, N.M.) The New Mexico Farm and Livestock Bureau today urged the state agency involved with the ownership of livestock to use extreme caution regarding the disposition of cattle in the case involving ranchers Kit and Sherry Laney and the U.S. Forest Service.

The Forest Service is in the process of rounding up several hundred head of cattle belonging to the Diamond Bar Ranch in a dispute over grazing and property rights in the Gila National Forest in western New Mexico.

N.M. Farm Bureau President, Michael White of Dexter, said the Livestock Board must take action consistent with state law regarding the impoundment, movement and any potential sale of the Laney cattle.

"The New Mexico Livestock Board is facing monumental decisions in this case and our statewide organization will be watching very carefully any possible precedent setting actions of this panel as these cattle are gathered by a private contractor hired by the Forest Service," White said.

The Farm Bureau leader also said it is not up to the Livestock Board to further litigate the Laney case but to follow its statutory duty in regard to how these, or any other cattle, are impounded, inspected, transported or sold.

"We have been watching this case for more than a decade and are very concerned about the protection of property rights for our ranchers, farmers and all citizens." White said.

White stated that the N.M. Livestock Board is bound by statute to follow the state livestock code and associated laws and should not bow to political pressure from governmental officials or other groups.

"We fully realize the Livestock Board is acting in accordance with counsel from the N.M. Attorney General’s office and we urge the members of the brand board to carefully consider all aspects of such legal advice," White said.

In addition to cautioning the Livestock Board, White pointed out that the Forest Service should be completely transparent in all of its actions and dealings because of the controversial nature of this case.

The N.M. Farm and Livestock Bureau is urging its members statewide to express their concern to the state livestock agency and the state’s congressional delegation.

-30-

Media advisory: For clarification the N.M. Farm and Livestock Bureau is a private, general agricultural organization with 17,000 family-members in all New Mexico counties.

The New Mexico Livestock Board is a state agency charged with the inspection of the sale and movement of cattle in the state. It also is known as the "Brand Board."

XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

March 2, 2004

To: Bill King, Chairman
New Mexico Livestock Board
PO Box 564
Stanley, New Mexico 87056

From: Joe Delk, Tweeti Blancett, David Kincaid
New Mexico Livestock Board Members

Subject: Memorandum of Understanding between New Mexico Livestock Board and United States Department of Agriculture, Forest Service concerning impoundment and movement of cattle from the Diamond Bar and Laney Grazing Allotments in the Gila National Forest.

As members of the New Mexico Livestock Board, we were caught completely by surprise to find this Memorandum of Understanding had been signed by our Executive Director without allowing each member of the Livestock Board to read, provide input and vote on this most important document. Where in the policy and procedures of the Livestock Board has this authority been delegated to the Executive Director?

It is not a stretch to say that this may be one of the most important decisions ever made by the Board. Is the precedent being established one that respects our oath to uphold the laws of New Mexico? Is the whole Board now required to accept liability for documents we have never discussed or voted on—or for that matter even seen? Will the precedents established concerning property rights, state law, Supreme Court decisions, and the jurisdiction of federal courts and agencies damage New Mexico and its’ citizens? Are we, as Board members, being lulled, or worse, intimidated into committing misfeasance? What is the harm in having our questions addressed in the open? Let’s take our time and deliberate on behalf of the great state and citizens we’ve sworn to serve..

We request this Memorandum of Understanding be set aside and the Forest Service be immediately advised of this action. We further request that you then place this memorandum on our agenda for discussion and action in open session at the board meeting on March 5, 2004.

If our appointments to this board mean anything, we expect to be included in the decision-making process especially concerning issues as critical as the one that this MOU addresses.


___________________________ ___________________________
Joe Delk Tweeti Blancett

___________________________
David Kincaid

XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

Bill King, Chairman
New Mexico Livestock Board

Dear Mr. King:

The New Mexico Public Lands Council represents ranchers grazing livestock on land administered by the US Forest Service, Bureau of Land Management and the New Mexico State Land Office. Our organization is an advocate for the ranching industry and grazing on federal and state trust land. According to our bylaws, one of our primary purposes is “To improve the Federal and State policies governing the management of federal and trust lands for grazing utilization by livestock by appropriate revisions in legislation, policies and regulations.” Therefore the situation that has developed between Kit and Sherry Laney and the Diamond Bar Cattle Company and the US Forest Service is of particular interest to our association’s members.

We believe the Laney’s have a valid claim to their property rights to graze and water their cattle and conduct related activities on the Diamond Bar allotment. The court rulings regarding removal of their cattle have not settled the property rights claims involved in this case.

We understand that the US Forest Service intends to gather and impound the Laney’s cattle pursuant to their regulations and court decisions. If that does occur, it is of extreme importance to New Mexico’s livestock industry that such actions are taken in full accordance with New Mexico state law regarding livestock identification, transportation and change of ownership. We believe New Mexico state laws on these issues were written to assure that commerce in livestock in the state is conducted in a businesslike manner that is fair to all parties involved.

Due to the deteriorating relationship between the US Forest Service and the ranching community in the state and actions by both the Forest Service and the Bureau of Land Management in other states it appears more conflicts such as this are likely. The actions in this case could set important precedents as to how these issues are handled in the future. There could be long-lasting implications for our members and New Mexico’s livestock industry as a result of the Livestock Board’s action in this case.

It is our understanding that the New Mexico Attorney General’s Office has furnished the Livestock Board with an opinion on this case. With all due respect to the Attorney General’s Office, we request that the New Mexico Livestock Board seek additional legal opinions on the Livestock Board’s statutory obligations and authority in this matter. There may be factors the Board should consider in determining a course of action that were not readily apparent to the Attorney General.

The New Mexico Livestock Board was established to serve the New Mexico livestock industry. Our livestock identification and inspection system has been of great benefit to the industry during its history and is the envy of many other states. The manner in which this case is handled could have long-term impacts on the Livestock Board’s future authority and effectiveness. We do not want to see the past record compromised or potential liability incurred by actions in this case that are not in accordance with New Mexico law. We hope you will consider this request seriously.

Sincerely,


Mike G. Casabonne, President
New Mexico Public Lands Council
Cc: New Mexico Livestock Board Members

XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX


February 26, 2004

Mr. Bill King, Chairman
New Mexico Livestock Board
P.O. Box 564
Stanley, New Mexico 87056 FAX: 505.832.6262

Dear Mr. King:

The New Mexico Cattle Growers’ Association (NMCGA) understands that the US Forest Service (USFS) intends to gather and impound cattle belonging to Kit and Sherry Laney on the Diamond Bar Allotment located in the Gila National Forest pursuant to their regulations and court decisions. If that does occur, it is of extreme importance to New Mexico’s livestock industry that such actions are taken in full accordance with New Mexico state law regarding livestock identification, transportation and change of ownership. We believe New Mexico state laws on these issues were written to assure that commerce in livestock in the state is conducted in a businesslike manner that is fair to all parties involved.

Please find enclosed a resolution that was passed at the NMCGA Board of Winter Directors Meeting held in Santa Fe earlier this month.

We believe the Laney’s have a valid claim to their property rights to graze and water their cattle and conduct related activities on the Diamond Bar allotment. The court rulings regarding removal of their cattle have not settled the property rights claims involved in this case.

Due to the deteriorating relationship between the USFS and the ranching community in the state and actions by both the USFS and the Bureau of Land Management in other states it appears more conflicts such as this are likely. The actions in this case could set important precedents as to how these issues are handled in the future. There could be long-lasting implications for our members and New Mexico’s livestock industry as a result of the New Mexico Livestock Board’s (NMLB) action in this case.

It is our understanding that the New Mexico Attorney General’s Office has furnished the NMLB with advice on this case. With all due respect to the Attorney General’s Office, we request that the NMLB seek additional legal opinions on the Board’s statutory obligations and authority in this matter. There may be factors the Board should consider in determining a course of action that were not readily apparent to the Attorney General.

The NMLB was established to serve the New Mexico livestock industry. Our livestock identification and inspection system has been of great benefit to the industry during its history and is the envy of many other states. The manner in which this case is handled could have long-term impacts on the Board’s future authority and effectiveness. We do not want to see the past record compromised or potential liability incurred by actions in this case that are not in accordance with New Mexico law. We hope you will consider this request seriously.

Sincerely,


Don L. “Bebo” Lee
President


Cc: NMLB Members
NMLB Director


XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

Becky Campbell
HC 68 Box 80
Silver City, NM 88061-9351
536-9314


ROAD CLOSURE AND LANEY CATTLE

Welcome to the Gila Wilderness Naziland and the King's forest that no one can enter. State road 61 is blocked by the Gestapo in green USFS shirts packing pistols and tearing up and down the road attempting to intimidate local property owners. It takes this multitude of USFS Gestapo, trucks, support troops, plus closing the King's forest, trails and roads just to gather cattle that two or three real cowboys handle easily. All this frantic activity and secrecy is at great cost to us tax payers. The actual cost of all this is another secret. What is really going on behind closed doors or closed roads? Why is the media only allowed in under escort? Are they abusing the cattle that are just innocent animals? Are the cows getting enough hay and fresh water? Is there excessive harassment occurring to the area property owners? Particularly Kit and Sherry Laney? I am one of the property owners in this locked up land. This closure impacts my livelihood which is tourism. What this really boils down to is State Rights vs. Federal regulations. This forest is supposed to belong to us the people, NOT TO U.S. the Federal Government! More and more often our forests are
closed to us. No camping, no hiking, no fishing, no picnicking, and no horseback riding. How soon no hunting?

Why all the hullabaloo over gathering a medium herd of cattle? Why can't they calmly do what they are determined to do without disrupting community businesses and community lives? How many of our State's laws are the USFS breaking? Where do they get the authority to close a State Road to the public? How ashamed the cattle contractor must be of his part, for he doesn't even want his name to be known --- another secret. I am ashamed of my government. But I am proud of the courage that is shown by many of my fellow citizens.

Becky Campbell
Gila Hot Springs

XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

Kit & Sherry Laney HC 30 Box 470 • Winston, NM 87943
Black Canyon: (505) 772-5535
Link: (505) 772-5536

CONSTRUCTIVE NOTICE AND DEMAND TO CEASE AND DESIST THE UNLAWFUL REMOVAL OF OUR CATTLE

February 28, 2004

TO: Contractor

We, Kit and Sherry Laney, hereby give you CONSTRUCTIVE NOTICE and DEMAND THAT YOU CEASE AND DESIST your involvement in the unlawful removal of our cattle. The Forest Service has left the mistaken impression that you will not be held accountable for violating the New Mexico statutes or civil damages arising from your unlawful actions. They have based their actions on a Memorandum of Understanding (MOU) signed by the Forest Service Regional Forester and the Executive Director of the New Mexico Livestock Board, Mr. Daniel Manzanares.

The MOU is an unlawful and illegal document, and therefore should be revoked for the following reasons:

1. The parties to the MOU are not named.
2. The MOU alludes to an agreement made between the un-named parties, but the agreement is not made a part of the MOU.
3. The Executive Director signed the MOU without the knowledge and consent of the members of the New Mexico Livestock Board.
4. An MOU carries no legal weight. It cannot be used to circumvent state law.

The Forest Service is not operating under a Court Order as it has implied, but under its regulations that apply to national forest system lands. The Court Order on which they base their actions does not order the Forest Service to remove the cattle. It merely states that the Forest Service is authorized to remove the cattle from national forest system lands.

We have an undisputed deeded private property right to use the lands within the boundaries of the Diamond Bar and Laney ranches for raising livestock. Our cattle are ranging on our vested private property right in land—not on national forest system lands. Therefore, you will be trespassing on our private property and illegally taking our cattle. We will file complaints against your for violation of the New Mexico Livestock Code.

We own all stockwatering rights within the boundaries of our ranches. We do not give you permission to use any of our stock water. If you do, we will file a complaint against you under NMSA 19-3-14, 19-3-15, and 19-3-16. If convicted, you will be subject to a fine of not more than $1,000 and/or imprisonment of not more than six months. Each day’s violation will be a separate offense.

Also, we would like to give you some personal advice. After almost 19 years of attempting to work with the FS, we learned that the U. S. Supreme Court was right when it said “Persons dealing with the government are charged with knowing government statutes and regulations, and they assume the risk that government agents may exceed their authority and provide misinformation…” Lavin v. March, 644 F.2nd 1378 (9th Cir., 1981) [emphasis added]. When government agents exceed their authority their decisions and actions are invalid, and they no longer have immunity from being sued as individuals. Not only will we hold you accountable under State law, but we will also hold all the Forest Service personnel accountable as individuals who are involved in the decisions and actions to remove our cattle.

The MOU states that all proceeds of the sale of the cattle will go to the Gila National Forest. This is an untrue statement. Our cattle are secured under an UCC Security Agreement in an amount that is far more than the cattle will bring. There will be no funds left over for the Forest Service to use to pay you. Therefore, your payment will have to come out of the Forest Service’s normal budget or from a special allocation of funds. Keep in mind that the Forest Service in this area has a long standing reputation for very late payments on its obligations.

Please be advised that this Notice and Demand is not a threat. It is a statement of fact. The necessary documents to serve on you are already being prepared not only for unlawful removal of our cattle, but also for civil damages arising from your unlawful actions.

Respectfully submitted:

/s/ Kit Laney /s/ Sherry Laney
Kit Laney Sherry Laney

Cc: press