Paragon Foundation Inc.
1200 N. White Sands Boulevard · Suite 110
Alamogordo, NM 88310
Office (505) 434-8998
Fax (505) 434-8992
Toll Free 877-847-3443

PRESS RELEASE

FOR IMMEDIATE RELEASE
October 25, 2005

Bush Administration Forest Service Raids Ranch Confiscating 300 Cattle

Sheriff Denies Rancher Due Process of Law Protections


GREENLEE CO. AZ-Since Saturday, twenty armed Forest Service employees and rented cowboys including neighboring rancher, Daryl Bingham and sons, have been gathering 300 head of cattle, valued at approximately $250,000, in a para-military raid on the Dan Martinez Ranch in Greenlee County, Arizona.

Greenlee County Sheriff, Steven Tucker, refused to uphold the law by allowing the federal government to seize the cattle without the necessary court order, denying Mr. Martinez his Constitutional procedural due process of law protections.

On October 3, 2005, in an apparent direct violation of both state and federal laws, the State of Arizona Department of Agriculture entered into a Memorandum of Understanding (MOU) with the Forest Service, which by edict removed the Constitutional obstacle requiring the Forest Service to first obtain a court order prior to the seizure of property, in this instance, cattle. The State previously required a court order to impound livestock and this about-face in policy came on direct orders from Governor Napolitano. In addition, contrary to the terms of the MOU, the Forest Service blocked Mr. Martinez from removing his cattle from the grazing allotments last week.

"The Forest Service, apparently disturbed that Mr. Martinez did not renew his voluntary grazing permit with the federal government, has been attempting for the last three years to run him out of business, even going so far as to trump up criminal charges for maintaining his road as an 1866 Mining Law right-of-way. Now, with the State's help, they may succeed in breaking him," commented G.B. Oliver, Executive Director, Paragon Foundation. "If the State isn't careful, some rancher may end up owning a court house before this is over," he added.

Martinez, a second generation owner of the 160-year old Martinez ranch, which includes the Hickey and Pleasant Valley grazing allotments, commented from his home in Santa Fe, NM, "I'm not in dispute with the Forest Service. I have always agreed to do anything they ask of me as long as they could show me where they had the authority and jurisdiction to manage my private property such as my vested water rights, forage, improvements and rights-of-ways on my grazing allotments. They have never come forth with any such evidence. As it was, I could not afford to run cattle under the punitive terms and conditions of their voluntary grazing permit program."

Under the MOU, which has no force of law, the Martinez cattle may now be seized as "stray" livestock. The branded cattle clearly do not fall within the lawful definition of "strays", meaning unbranded and unclaimed livestock.

Retired Congressman, Helen Chenoweth-Hage (R-ID) and Chairman of the Nevada Livestock Association, which battled and stopped similar cattle seizures in Nevada, pointed out that, "The State of Arizona, under this MOU, is depriving Mr. Martinez of his Constitutionally guaranteed procedural due process of law protections. The State is allowing the federal government to drive away, sell and slaughter his cattle, depriving Mr. Martinez of his livelihood without ever having a day in court. The State is clearly exposing itself to liability for civil rights and Constitutional Fifth Amendment "takings" of property violations."

The grazing permit has become a contentious issue in the West where the Forest Service has often used the terms and conditions of the permit to harass, intimidate and bankrupt family ranchers. Traditionally, ranchers voluntarily signed grazing permits in order to participate in the cooperative range improvement fund, financed by their grazing fees. As the requirements of these permits become increasingly punitive and onerous, some ranchers have opted out of the range improvement fund.

"The land management agencies, fearful of a mass exodus from the grazing permit program, have turned to mafia-style fear and intimidation tactics to ensure ranchers renew their permits," commented Chenoweth-Hage. "Most ranchers don't want to risk loosing their livestock and livelihood at gun point. It's a very effective tool of intimidation. Three years ago I publicly issued a $1,000 challenge to anybody who could produce the law requiring ranchers to sign grazing permits. I still have my $1,000."

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Contacts:

Dan Martinez, (505) 984-8386

G.B. Oliver, Executive Director, Paragon Foundation (505) 434-8998

Helen Chenoweth, Member of Congress (Ret.) (775) 482-4187

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