Federal Judge Rules for Property Rights, Smacks Down Abusive Feds

In an historic 104-page ruling, Chief Judge Robert C. Jones of the Federal District Court of Nevada has struck a major blow for property rights and, at the same time, has smacked down federal agencies that have been riding roughshod over Western ranchers and property owners. Judge Jones said he found that “the government and the agents of the government in that locale, sometime in the ’70s and ’80s, entered into a conspiracy, a literal, intentional conspiracy, to deprive the Hages of not only their permit grazing rights, for whatever reason, but also to deprive them of their vested property rights under the takings clause, and I find that that’s a sufficient basis to hold that there is irreparable harm if I don’t … restrain the government from continuing in that conduct.” In fact, Judge Jones accused the federal bureaucrats of racketeering under the federal RICO (Racketeer Influenced and Corruption Organizations) statute, and accused them as well of extortion, mail fraud, and fraud, in an effort “to kill the business of Mr. Hage.” Notably, the court said, "The Government may not abuse its discretion in refusing to renew, or in revoking, a [grazing] privilege."  Significantly, the family will be under permanent injunctive relief and the government shall not reduce the Hage's permits by more than 25 percent for any period of time without the courts' consent, and never permanently.  Specifically, the court found, "The Government has abused its discretion in the present case through a series of actions designed to strip the [Hage] Estate of its grazing permits, and ultimately to strip Defendants of their ability to use their water rights." He explained, "Substantive due process protects individuals from arbitrary deprivation of their liberty by government."  The court further explained, "The Government cannot withdraw them (grazing permits) or refuse to renew them vindictively or for reasons totally unrelated to the merits of the application as governed by published laws and regulations, lest the Government abuse its executive power in a way that shocks the conscience."   Because of the government's refusal to consider any grazing applications from the Hages, the court found the subsequent "chain of events is the result of the Government's arbitrary denial of E. Wayne Hage's renewal permit for 1993-2003, and the effects of this due process violation is continuing."...more