Sunday, February 15, 2009

122 Jurisdiction Questions Submitted to DOJ & DOI

Dear NLSA Members and Interested Ranchers:

The attached “Request for Admissions”, or 122 questions, pursuant to Rule 36 of the Federal Rules of Civil Procedure was submitted to Department of Interior and Department of Justice officials to request their authority to conduct law enforcement actions and confiscate livestock. The cause of action for this Request was federal livestock confiscations in disputes over grazing allotments. However, the federal government’s admissions to their limitations of authority within the republic states have a far broader implication than this narrow cause of action.

As many of you are aware the federal land management agencies continue to seek ways to circumvent state law, confiscate livestock and attempt to extinguish Nevada rancher’s pre-existing and vested property rights within their grazing allotments by extortion and intimidation. Any future federal attempts to round up livestock will require the involvement of the Nevada Department of Agriculture, and therefore the Board of Agriculture, since the federal government will need to obtain a brand clearance certificate before they can move or dispose of livestock.

As a Member of Board of Agriculture and a State Officer, I requested answers to 122 questions ex rel or a relator for the people of Nevada, which by law these officials are required to answer under FRCP 36. I requested the agencies involved to provide their authority for most of the legal issues that arise as a result of these livestock confiscations. The federal government was unable or refused to answer any of the 122 questions after being properly noticed and have by their silence, by law, admitted to the claims made therein. They are now estopped or barred from raising these matters in future judicial and administrative proceedings. This is a public document and self authenticating for the purposes of evidence. A certified copy can be obtained from the Lyon County Recorder’s Office in Yerington (see below) and submitted into any court in the U.S. as evidence of the federal government’s admissions.

This Request is actually 5 documents combined which include not only the 122 questions and their answers but also provide the government with Notice and an Opportunity to Cure. I would recommend reading the 122 questions and their answers beginning at recorder’s page #56 (top right hand corner). Both the Department of Interior and the Department of Justice were asked to respond within a total of 30 days as the law requires, but while they acknowledged receipt of the Request by signing the return receipt, neither of the federal departments answered the letters within the required time.

I have also enclosed the “Response to Deputy Attorney General in Nevada” to provide background to the controversy. For your convenience you can visit the Cornell Law website to easily look up any of the references to the U.S. Code, rules of evidence, etc. referenced herein. While I realize this is an extensive document which will require some reading, I think if you will read it you will find it incredibly valuable and educational to you personally. You also may want to forward it to your attorney and send it by certified mail to your local officials like the sheriff and district attorney. A certified copy can be submitted as evidence if you have any matters pending with the federal agencies.

Please feel free to call me if you have any questions.

Warmest Personal Regards,
Ramona Morrison
Member, Board of Agriculture


Lyon County Recorder
27 S. Main Street
Yerington, Nevada 89447
775.463.6581

You may contact Ramona at rhmorrison@sbcglobal.net and request copies of the two pdf documents referred to in this post.

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