Nevada Live Stock Association Thrilled Judge Says "No"

For Immediate Release

Reno, NV 9/1/04 Second Judicial District Court Judge, Janet Berry, on August 26, dismissed the Nevada Department of Agriculture’s Petition for Judicial Confirmation thereby denying the State’s request to "retroactively confirm its actions" in the highly publicized, Bureau of Land Management (BLM) para-military style cattle impoundments in Nevada. Agriculture Department Director, Don Henderson had petitioned the Court for the retroactive judicial blessing of the Department’s procedure for transferring ownership of cattle on the mere signatures of an agent of the BLM.

"We were delighted with the Court’s dismissal of this case," commented Nevada Live Stock Association Chairman and former U.S. Congressman Helen Chenoweth-Hage. "It is clear there is no blessing from the Court for the BLM or anyone to take property while avoiding proper due process of law, in particular, the necessary step of seeking a court order before they seize and sell a rancher’s very livelihood in his live stock."

Nevada Live Stock Association’s (NLSA) defending attorneys, Michael Van Zandt, of San Francisco, CA, and Joel Hansen of Las Vegas, were also pleased with the ruling. Van Zandt commented, "We are happy with the result in that the Court denied the Petition and in essence has given no judicial approval for these cattle confiscations. We don’t believe the Agriculture Department should be abdicating the State’s responsibilities under the brand laws to the federal government. The State cannot compromise away personal private property without due process of law. They are shirking the responsibility the Nevada legislature has imposed on the Department of Agriculture State and abandoning its citizens."

David Holmgren, NLSA Vice Chairman, his wife Jackie Holmgren ranchers from Mineral County and Bevan Lister, NLSA member and rancher from Pioche, Nevada, had testified before Judge Berry. After receiving notice of the ruling David Holmgren said, "This is no small matter for Nevada’s ranchers or the West as a whole. We as an organization have once again fought the good fight against those who should have known better. It defies cowboy logic that the BLM was able to take our own brand department into partnership with them, use an unconstitutional cooperative agreement to, loosely speaking...rustle, the very cattle they were formed to protect! Charley Russell himself couldn't paint that picture."

The Court found that the law the Department invoked for seeking judicial confirmation, "is unconstitutional as it violates the separation of powers clause of the Nevada Constitution." Instead, the Court urged the damaged parties, specifically Bevan Lister, a Lincoln County rancher, and the Nevada Live Stock Association (NLSA) to seek a legislative remedy for the "important concerns of Nevada Ranchers."

"I’m not sure we need a legislative fix. What we do need is for the agencies, both federal and state, to respect the existing laws that are on the books," commented NLSA Board Member, Ramona Morrison.

In a related matter, an Esmeralda County Grand Jury has convened to determine if head Brand Inspector, Jim Connelley, violated state law by transferring ownership of Esmeralda County rancher Ben Colvin’s livestock in August of 2001 to the BLM on the mere signatures of a State brand inspector and BLM agent. Based upon the Court’s ruling the Grand Jury may conclude that is exactly what happened.

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For further information contact: David and Jackie Holmgren 406-321-1215 (cell) or Ramona Morrison 775-722-2517. Attorney Michael J. Van Zandt can be reached at 415-905-0200.

Nevada Live Stock Association
9732 State Route 445, #305
Sparks, NV 89436
rhmorrison@sbcglobal.net