In 2007, the U.S. government filed a civil suit for trespass damages against the estate of the late Nevada rancher E. Wayne Hage. The complaint claimed the Hage family allowed cattle to trespass on Bureau of Land Management and U.S. Forest Service land in the Battle Mountain District and Tonopah Ranger District, respectively.
The document reports between January 2003 and August 2007, cattle — at times more than 100 head — were observed 52 times on federally managed land.
The federal government argued its case last spring in a bench trial before U.S. District Judge Robert C. Jones in Reno, which included testimony from witnesses who documented unauthorized livestock on BLM or Forest Service land.
In Jones’ 104-page decision issued Friday, he noted that none of the witnesses testified to seeing cows eating grass on federal land, but he also said it was an “unavoidable inference that the cattle grazed in the area where they were observed.” However, unless the cattle wandered more than half a mile from a water source in which the defendant had a water right, it didn’t constitute trespassing.
Only two of the many claims met that criteria. Jones granted damages for trespassing on Jan. 5, 2004, for $40.04 and Jan. 13, 2004, for $125.84.
“Basically, the judge said, ‘Yes, there was some trespass. It was a small amount. Here’s your money, government,’” said Mark Pollot, attorney for the Hage estate.
No punitive damages were awarded because the instances of cattle trespass weren’t carried out “oppressively, fraudulently or maliciously,” the judge wrote.
Judge chastises government
The judge wasn’t as quick to dismiss animosity from federal employees, however. In the decision, Jones reprimanded those who perpetually battled with the Hages, and accused them of conspiring against the ranchers.
“The Government sent trespass notices to people who leased or sold cattle to the Hages, notwithstanding the Hages’ admitted and known control over that cattle, in order to pressure other parties not to do business with the Hages, and even to discourage or punish testimony in the present case,” the decision states.
Jones said the government invited other ranchers to apply for permits on land the Hage Estate had previously grazed, and tried to transfer water rights owned by the Hages.
“For this reason, the Court has held certain government officials in contempt and referred the matter to the U.S. Attorney’s Office.
“... This behavior shocks the conscience of the Court,” it states.
