Judge Loren Smith of the United States Court of Federal Claims recently confirmed a May 3, 2004, trial date for the second phase of Hage v. United States. The second phase will determine if the property owned by plaintiff Wayne Hage, as determined in the January 29, 2001, Final Opinion issued by the court, was taken by the U.S. through grazing and environmental regulations.
The controversial case began thirteen years ago when Wayne and Jean Hage filed a landmark takings case after the actions of the U.S. Forest Service (USFS) and Bureau of Land Management (BLM) eliminated Hage’s ability to continue his livestock operation in central Nevada. It is the first case of its kind to assert ranchers’ private property rights on federal lands by filing a takings case in this prominent Court.
Although the government’s position is Hage did not have any property rights and was simply privileged to graze on the federal lands, the court ruled differently. In its final opinion on the status of the property rights, it determined Hage owned significant property rights on the federal lands, importantly the water rights, ditch rights-of-way, and access to those rights.
In a later ruling, after USFS argued the case should be dismissed because Hage no longer held a valid grazing permit and could not use the property, the court again ruled against the government. It concluded failure to hold a grazing permit did not extinguish the value of his property rights, which may be compensable.
Conference scheduled
Stewards of the Range, the non-profit organization supporting the case, is holding a conference in Reno, NV, October 24. A portion of the program is devoted to understanding the precedents established by the case, so other landowners can learn to defend their rights, as determined by the court.
Featured speakers are the attorneys litigating the case, Ladd Bedford and Mike VanZandt. Other topics at the conference include updates on the LU Ranching Water Rights Case, the constitutional challenge to the ESA, and an in depth analysis of the dangers of conservation easements. Additional speakers include Wayne Hage, Fred Kelly Grant, Paul Terrill, Tim Lowry, and Frank Duran. — WLJ
