General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsCliven Bundy Has No Claim to Federal Land and Grazing
By Ralph Maughan and Ken Cole
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Cliven Bundy, the rancher whose cattle were rounded up and then released by the BLM over the weekend, claims that his family has used the land in question since 1880 but the Nevada Constitution pre-dates this by 16 years. When Nevada became a state in 1864, its citizens gave up all claims to unappropriated federal land and codified this in the states Constitution. The Nevada Constitution states:
Third. That the people inhabiting said territory do agree and declare, that they forever disclaim all right and title to the unappropriated public lands lying within said territory, and that the same shall be and remain at the sole and entire disposition of the United States; ..
If Bundy owns the land then where is the deed? Where are the records he paid property taxes?
Its not his land.
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In Public Lands Council v. Babbitt the U.S. Supreme Court upheld the new grazing regulations promulgated by the Department of Interior under former Secretary of Interior Bruce Babbitt to conform to Federal Land Policy and Management Act of 1976 (FLPMA) and found:
The words so far as consistent with the purposes . . . of this subchapter and the warning that issuance of a permit creates no right, title, interest or estate...
He has no right to graze it.
The federal courts have struck down every challenge Bundy has made about his claims, and has issued not one, but two, court orders to remove his trespass cattle. Its not his land and he has no right to graze it.
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What about Bundys claim that his forebears bought the land he is now accused of trespass grazing upon? This land was once Mexican land, and was won by the United States after the Mexican-American War. It is part of what is known as the Mexican Cession. All of Nevada, California, Arizona and most of New Mexico were part of the Cession...but those lands that were not privatized have always been Mexican lands or United States lands owned by the U.S. government.
Before the Taylor Grazing Act, these government lands were called the public domain. They could be privatized, as mentioned, under the Homestead Act and such, but the acreage allowed per homesteader was limited to 160 acres....The result was disaster because the operator to find green grass and eat it first won out, promoting very bad grazing practices. That was the reason for Taylor Grazing Act ranchers and others could see the public domain system led to disaster on the ground. Therefore, the more powerful ranchers with base private property received grazing permits. This got rid of the landless livestock operators.
...Now, ranchers with grazing permits had to pay a grazing fee to use their permits. Bundys ancestors probably got one of these grazing permits, but they most certainly did not buy the land. That was not possible. The public domain was not for sale and ranchers generally did not want it. After all, if they owned it, they would owe local property tax.
In 1948 the Bureau of Land Management was created by executive order of President Truman to replace the Grazing Service...It is supposed to manage the public lands for multiple uses and for sustained production (yield) of renewable resources such as grass...As before, you need a grazing permit for cattle, sheep, goats, or horses to legally graze. It is a privilege, not a right, and this has been firmly stated by the U.S. courts.
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http://www.thewildlifenews.com/2014/04/14/cliven-bundy-has-no-claim-to-federal-land-and-grazing/
MFM008
(19,808 posts).................................. they dont get it
CreekDog
(46,192 posts)most of them do get it, a few will get it and a handful are trying to get the rest of us to think the right wingers are correct.
this should help with the first two.
TroglodyteScholar
(5,477 posts)CreekDog
(46,192 posts)hope you got to read the actual article which was worth the time.
2naSalit
(86,600 posts)interesting and worthwhile comments that elaborate further on the facts and the debunking of RWNJ spew there too.
Mr. Cole and Dr. Maughan really do a good job presenting facts at that site, hope those looking for good info will go there and explore.
2na
rhett o rick
(55,981 posts)Iliyah
(25,111 posts)When the rest of the country understands pros and cons about the so called stand off which was fueled by hate media I believe this time justice will be served.
R B Garr
(16,953 posts)I didn't realize I was entitled to things my ancestors did 100 years ago. If they had it then, it must be mine now -- only logical.
Iliyah
(25,111 posts)or in our circle, Indians.
We have the right and Bundy needs to get the fuck off our land!
That should settle it.
R B Garr
(16,953 posts)to aim at the police and kick their dogs, and your takeover is underway. It's apparently as easy as that.
Jeff In Milwaukee
(13,992 posts)The Bundy approach is for white guys only
chrisa
(4,524 posts)If OWS tried this, they would have been blown into a million pieces (not that they would - showing up with guns is a shameful RWNJ tactic).
Jeff In Milwaukee
(13,992 posts)JoeyT
(6,785 posts)I mean, we probably aren't always as skeptical as we ought to be, but we hardly believe everything people say.
Sorry, I couldn't resist.
I tend to use "Indian" too, except on DU. I find Native Americans to be kind of cumbersome, and I was raised to identify as "Indian", so that's what I usually stick with.
Rockyj
(538 posts)Editor:
This is to the BLM people. They say its public lands but its not, its Western Shoshone peoples lands.
Many years ago in my dads time the politicians said you Indian people, you have this Shoshone Nation with sovereignty and you people have all this land with water rights. All Indian treaties have water rights.
This is to the non-Indian people. The 1863 Treaty of Ruby Valley is still intact today, in 2011, and its 26 million acres are not being honored by the BLM and Forest Service people of today.
We the Western Shoshone people, we are human beings entitled to some basic human rights.
Its the federal governments responsibility from the time they started these problems with all the tribal people making these treaties. Looking back on these dishonest politicians of the past and now today, digging up the truth about these BLM people, their religion is power, greed, control, steal, destroy and conquer.
They are dangerous to our Indian society of today and to the other people of our community for closing some roads that are important to the outdoorsmen. Community people, listen to this important issue. It is time to unite. In union there is strength. United we stand, divided we fall.
I think the feds have a theory of how to control the people of today. Like in the past, what they did to the Indian people, just lock them up in prison camps, thats where the reservations and Indian colonies come from.
Manuel Coochum, an elder
http://elkodaily.com/news/opinion/land-belongs-to-western-shoshone/article_8698d00e-3fc7-11e0-94f3-001cc4c03286.html
lancer78
(1,495 posts)is also an excellent case to study as the Gardner's arguments are nearly the same as Bundy's.
http://scholar.google.com/scholar_case?case=15831637732276368134&q=bundy+v.+united+states+BLM+nevada&hl=en&as_sdt=40000006&as_ylo=1997&as_yhi=1999&as_vis=1#[7]
pinboy3niner
(53,339 posts)http://www.factandmyth.com/conspiracy-theory/cliven-bundys-cattle-and-the-federal-land-grab
progressoid
(49,990 posts)Stainless
(718 posts)Cliven Bundy is an anti-government thug and a loud mouthed Mormon hypocrite who is cajoling extremist militia types to do his bidding. I live less than fifty miles away from where this nonsense is playing out and I know that there are many low information tea-baggers in my area who see this as a golden opportunity to undermine the Federal Government. I hope this is the one time that the NSA is doing their fucking job by putting these assholes under surveillance. IMHO, Bundy and his enablers are nothing more than home grown terrorists who are trying to destroy our government.
siligut
(12,272 posts)I would hope so too, but you know that big, new NSA spying operation they just built? It's in Utah. The NSA, FBI, CIA all have a high percentage on Mormons in their ranks. Mormons are dependable, they promote each other, they don't have bad habits (that anyone knows about) and they are obedient to authority.
Bundy knows he can get away with this, he has powerful friends.
Spitfire of ATJ
(32,723 posts)Puzzledtraveller
(5,937 posts)pinboy3niner
(53,339 posts)http://www.lasvegassun.com/news/2013/jun/14/company-dumps-big-laughlin-solar-project-says-mark/
frylock
(34,825 posts)the *proposed* solar farm was to be built 170 miles S-SW of Bunkerville. Also, derpa derp.
Paladin
(28,256 posts)I'm betting they too are utilizing federal tracts for grazing purposes, and I bet none of them have missed a fee payment for the last 21 years. And I for damn sure bet that none of those people would resort to positioning women in the path of gunfire (as is reported today) to protect non-existent property rights. I doubt that those area residents are amused by Mr. Bundy's little sideshow.
UTUSN
(70,690 posts)Thinkingabout
(30,058 posts)If they are able to stay out on the site day after day then they should be able to hold a job. Takers Gathering in order to get more freebies.