Nevada Live Stock Association
9732 State Route 445
Sparks, NV 89435
775.424.0570

Press Release

For Immediate Release July 11, 2005

ESMERALD CO. GRAND JURY SIDES WITH RANCHERS

(Sparks, NV) An Esmeralda County, Nevada, Special Grand Jury, empanelled to investigate actions by Nevada’s head brand inspector, Jim Connelley, during the Bureau of Land Management’s (BLM) 2002 seizure of Goldfield rancher, Ben Colvin’s cattle, issued its final report June 16, 2005. The Grand Jury Report was highly critical of the Nevada Department of Agriculture (DOA) and Attorney General’s policies in their handling of the matter and recommended immediate changes needed to bring the DOA and the AG into compliance with the 5th and 14th Amendments’ (U.S. Constitution) procedural due process requirements and with Nevada Brand Law.

“This is exactly the result we were looking for,” commented Ben Colvin. “All I ever wanted was justice and protection for my property, which I was never given. Even murderers and rapists are entitled to due process. When a man's livelihood is stolen from him, he should at least be afforded notice and a hearing before an impartial judge to decide if the confiscation of his sole means of support is lawful. The AG’s office gave Connelley advice that was akin to permitting the BLM to rob a bank, and unfortunately Mr. Connelley followed that advice. They stole my cattle and destroyed my livelihood. I appreciate the support of the citizens of Esmeralda County in this effort, and the excellent work of the Grand Jury for making these recommendations to the State,” said Colvin.

The Nevada Live Stock Association (NLSA) originated the idea of using the Special Grand Jury to investigate the brand inspector’s actions and participated in gathering the necessary signatures.

NLSA Chairman, Helen Chenoweth-Hage commented on the Grand Jury Report, “We are very, very pleased with the recommendations of the Grand Jury. This is the third time the Nevada Department of Agriculture and Attorney General’s Office have been directed to enforce procedural due process and the brand laws of Nevada. Many of Nevada’s ranchers have suffered the devastating impact of having their cattle rustled by the federal government. Now, after this decision, there is no doubt that the sheriffs’ must do their job and protect property from unlawful government actions and not place the individual rancher’s livelihood at risk. Procedural due process must be afforded.”

The Grand Jury Report stated, “The grand jury believes that the primary mission of the Nevada Department of Agriculture is and should be the protection of Nevada’s livestock industry from unauthorized possession or movement of cattle, whether by theft or other means. This should be accomplished by vigorous enforcement of the brand inspection laws. In addition, the Division needs to strongly protect the ‘lock and key’ theory behind livestock brands.”

The DOA had allowed the BLM to sign as the owner of record on Mr. Colvin’s cattle brand inspection certificates. The Grand Jury Report did not agree, ruling that, “The grand jury believes that allowing an employee of a federal agency to sign a brand inspection clearance certificate on the line reserved for the ‘Signature of the Owner or Authorized Agent’ is improper and that, to better serve the livestock industry and the general public, such a practice should be discontinued.”

“The point was to protect our livestock from being unlawfully forced from our Nevada ranges. Our association is pro-cattle and pro-ranchers. We are in the livestock business and we mean business. It turned out great,” commented Mineral County rancher and NLSA Vice Chairman, David Holmgren.

The DOA and AG’s office were previously admonished in 2004 in Judge Janet Berry’s ruling from the Second Judicial District Court of Washoe County when she took judicial notice of the fact that the procedures for issuing brand inspection clearance certificates in the instances of livestock seizures did not afford procedural due process of law. The NLSA was the only group who appeared in court to oppose the DOA’s Petition for Judicial Confirmation of its brand inspection practices. Judge Berry dismissed the DOA’s Petition as unconstitutional under Nevada law.

During the recent Legislative session, Assemblyman John Carpenter, (R-Elko) introduced A.B. 407 to legislatively address livestock impoundments. The NLSA testified before the Assembly Natural Resources Committee and was instrumental in helping to amend the original bill draft to spell out Constitutional procedural due process to the DOA and AG in the instances of livestock seizures. It passed both houses earlier this year and was signed into law by the Governor.

A grand jury may indict, make a report with recommendations, or do nothing. The original petition against Connelley was for issuing brand inspection clearance certificates to the BLM for their livestock raids wherein they removed, sold, and kept the proceeds of cattle owned by Mr. Colvin. The Special Grand Jury declined to directly indict Connelley because his actions “…were based on advice to (him) from the Nevada Attorney General’s Office…and were performed without any criminal intent.” This leaves open the question of the Attorney General’s liability for endorsing BLM’s cattle seizures without enforcing due process of law.

As allowed by law, the Grand Jury has made six recommendations to the state for immediate action:

1. That the Nevada Department of Agriculture require an appropriate judicial order be entered prior to the issuance of a brand inspection clearance certificate to a party who is not the legal owner of the livestock in question.

2. That the Nevada Department of Agriculture terminate the April 6, 1999 Cooperative Agreement with the Bureau of Land Management.

3. That, in the event the Nevada Department of Agriculture enters into another similar Cooperative Agreement with any federal agency, such agreement should contain a requirement that an appropriate judicial order be entered prior to the issuance of a brand inspection clearance certificate to that agency.

4. That due process, as applied to the involuntary impound and/or sale of livestock in Nevada, should mean both notice and an opportunity to be heard in a judicial proceeding. In the case of federal impounds and/or sales of livestock, such a judicial proceeding should be outside of the federal agency and held before an independent state administrative law judge or state or federal district court.

5. That, at least 2 weeks prior to an impound and/or sale of livestock, written notice of the exact date(s) and location(s) of the proposed impound and/or sale should be personally served on the Nevada Department of Agriculture, on the legal owner of the affected livestock and on anyone holding a UCC Financing Statement and/or claiming a lien on the affected livestock.

6. That the Nevada Attorney General issue a formal published Attorney General’s Opinion describing the exact steps that the Nevada Department of Agriculture requires to be followed prior to the issuance of a brand inspection clearance certificate to a federal agency and circulate said Opinion generally throughout the livestock industry.”

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Contacts: Ben Colvin 775.485.6366
Helen Chenoweth Hage 208.861.7875
David Holmgren 406.321.1215
Ramona Morrison 775.722.2517
Mike Van Zandt, Ben Colvin’s Attorney, 415.905.0200

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