Just a year after officials with California’s Point Reyes National Seashore (PRNS) garnered national headlines by shutting down an oyster farm within its borders, three anti-grazing groups have filed suit, contending that the ranchers who graze the property just north of San Francisco should be removed as well.
The suit however, filed against the National Park Service (NPS) earlier this month by the Center for Biological Diversity (CBD), Western Watersheds Project (WWP), and the Resource Renewal Institute (RRI), does not call for an immediate end to grazing. Instead, it criticizes PRNS management of wildlife, including the resident elk herd, and accuses them of favoring ranching interests over environmental concerns. Continue reading
February 26, 2016
An Open Letter to Presidential Candidates from Josephine County, Oregon
By Toni Webb, candidate for Commissioner of Josephine County
TO: Candidates running for President of the United States
This letter is to inform you of the struggles faced by the people of Josephine County, Oregon, due to ongoing problems with the federal government’s control of our public land, including our once-productive forests. Bad policies and misguided management by federal agencies such as the Environmental Protection Agency, U.S. Forest Service and the Bureau of Land Management, have left our rural county economically and socially devastated. I hope that you, as candidates for President of the United States, will seriously consider why the effort to transfer the ownership and control of public lands back to western states, like Oregon, is so critical to our survival. Continue reading
The meeting was called by the Skagit chapter of the Citizens’ Alliance for Property Rights.
About 120 people filled the American Legion Hall on Tuesday night to discuss the water and property rights issues facing Skagit County. Among them were property owners and Alliance members, who took the state’s 2001 instream flow rule to task.
When some at the meeting suggested building on their properties without county permission, one audience member shouted, “To hell with the county!”
July 15, 2015
SACRAMENTO, CA; July 15, 2015: On behalf of a number of landowners and major organizations representing landowners, including the state cattlemen’s associations of California, Washington, and New Mexico, Pacific Legal Foundation (PLF) sued the Obama Administration today over its vast new expansion of Clean Water Act (CWA) jurisdiction — an expansion that could bring virtually all the nation’s water and much of the land under direct federal regulatory control.
Washington, D.C. – Tom Reed applauds tonight’s House passage of the Regulatory Integrity Protection Act, H.R. 1732, which protects landowners from intrusive government and ensures the protection of personal property.
“I care about the property rights of landowners,” said Reed. “Not only are these rights guaranteed by the Fifth Amendment, but they are vital to the American way of life. This bill ensures fairness in the regulatory process and for landowners.”
WASHINGTON (AP) — New federal rules designed to better protect small streams, tributaries and wetlands — and the drinking water of 117 million Americans — are being criticized by Republicans and farm groups as going too far.
The White House says the rules, issued Wednesday, will provide much-needed clarity for landowners about which waterways must be protected against pollution and development. But House Speaker John Boehner declared they will send “landowners, small businesses, farmers, and manufacturers on the road to a regulatory and economic hell.” Continue reading
by Pearl Rains-Hewett
Restrictions as affecting fair market value of property.
The restrictions imposed by this chapter shall be considered by the county assessor in establishing the fair market value of the property.
[1971 ex.s. c 286 § 29.]
INDEED, ONE MUST CONSIDER ALL OF THE RESTRICTIVE SMP “SHALLS” ON PRIVATE VESTED SHORELINE PROPERTY OWNERS, AND IN PARTICULAR… THE UNDEVELOPED PRIVATE INVESTMENT SHORELINE PROPERTIES, VIEW, ETC?
AND, ONE MUST CONSIDER THE VALUE OF PROPERTY LEFT “HIGH DRY AND DESTITUTE” BY THE DUNGENESS WATER RULE? Continue reading
March 11, 2015
In a stinging repudiation of the conduct of a Virginia environmental group once viewed as politically invincible, Gov. Terry McAuliffe (D) March 10 signed into law bipartisan legislation that — for the first time — provides rural landowners the means with which to defend themselves against bullying by land trusts.
The victims include all citizen users of public lands — including the disabled
Pacific Legal Foundation
SACRAMENTO, CA; March 18, 2015: Representing two California counties and a broad coalition of associations and individuals who value public access to national forests, Pacific Legal Foundation (PLF) today sued the federal government for acting to prohibit motorized travel on thousands of roads and trails in Plumas National Forest that have been used for decades for responsible and legally permissible recreational purposes.
Plumas National Forest is a 1,146,000-acre National Forest in the Sierra Nevada, in northern California. The lawsuit argues that the U.S. Forest Service, a division of the Department of Agriculture, violated the National Environmental Policy Act (NEPA) and the Administrative Procedure Act (APA), by blocking access to much of Plumas National Forest without a careful, factually specific review of environmental impacts, including consequences for the public. Continue reading
Town of Emerald Isle, N.C.; March 19, 2015: This week, the nation’s leading property rights defense organization stepped in to represent an Emerald Isle couple who are fighting the town’s unconstitutional imposition of a 20-foot-wide government driving lane across their privately owned sandy beach property.
Donor-supported Pacific Legal Foundation (PLF) is a public interest legal organization that defends limited government and property rights in courts across the country. Because of the importance of the Emerald Isle case, PLF now represents beachfront homeowners Greg and Diane Nies, free of charge, in challenging the Town government’s unconstitutional seizure of their property rights. PLF, which is headquartered in Sacramento and maintains an Atlantic Center based in Florida, is representing the Nies along with Keith Anthony, Esq., and North Carolina’s Morningstar Law Group. Continue reading
The issue of federal government overreach is often talked about in 21st-century America, but some state legislators are actually doing something about it. Recently The Hill reported that more than 200 bills have been introduced in state capitols across the country to nullify federal laws or regulations that the bills’ sponsors claim violate the Constitution of the United States.
“You have a choice,” Diane St. Onge, a Republican state representative in Kentucky, told The Hill. “To sit back and not do anything or say anything and let overregulation continue — or you have the alternative choice to speak up about it and say, ‘We know what you are doing or intend to do and we do not think that it is constitutional and we as a state are not going to stand for it.’ Continue reading
Parkland and wilderness provisions added to a defense policy measure have outraged friends of the military, who call the move both a “land grab” and a slap at men and women serving in the armed forces.
Considered must-pass legislation, the 2015 National Defense Authorization Act details Republicans’ and Democrats’ military policy priorities. It ranks high on the priority list of outgoing Senate Majority Leader Harry Reid, D-Nev., for the current lame-duck session.
But this year the annual defense authorization includes a multitude of non-defense provisions such as new parks, wilderness areas and a national museum celebrating women. The move irks conservatives and other proponents of a “clean” bill. Continue reading
The U.S. Fish and Wildlife Service (USFWS) is seeking to protect the dusky gopher frog on the Endangered Species List by designating over 1,500 acres of private property in St. Tammany Parish, Louisiana as a “critical habitat” for the embattled amphibian.
But here’s the kicker: The frog hasn’t been seen on the land in question for over 50 years. Continue reading
SACRAMENTO, Calif. (AP) — Residents of California’s largely rural, agrarian and politically conservative far northern counties long ago got used to feeling ignored in the state Capitol and out of sync with major urban areas.
The idea of forming their own state has been a topic among local secession dreamers for more than a century. Residents in two counties will have a chance to voice that sentiment next week. Continue reading
Ranchers Decry Federal Clampdown on Land for Cows, Echoing Other Dust-Ups
BATTLE MOUNTAIN, Nev.—Rancher Pete Tomera slowed his pickup truck on a dusty mountain road one day last week and swept an arm toward tall green grass blowing in the wind: “Man, look at all the feed a cow could eat,” he said.
Since last summer, Mr. Tomera’s 1,800 cows have been banished from these mountains in northern Nevada, part of a clampdown by the Interior Department’s Bureau of Land Management against grazing on federal lands during an extended drought. An additional 500 head of cattle owned by two other ranching families have been ordered off a roughly 350,000-acre grazing allotment managed by the BLM in the Shoshone Range about 10 miles to the south of this town. The animals have been put out to private pastures or fed hay at far greater cost than on the public land. Continue reading
The Justice Department is updating a report on how armed the federal government is.
It will be the first time Justice has addressed the topic in six years, and it comes as conservative and libertarian complaints about an excessively gun-happy government have intensified. Continue reading
President Obama today was to announce the creation of a national monument in southern New Mexico — the 500,000-acre Organ Mountains-Desert Peaks National Monument.
It looks suspiciously like an opening round in a bid to carry out a plan — first outlined in a secret Bureau of Land Management in 2010 — that would lock up abut half of the BLM’s 264 million acres, about the size of Colorado and Wyoming combined, and halt most productive private use, such as ranching and mining and oil and gas exploration.
The Washington Times reported that about half of the land involved in today’s announcement is to be set aside as wilderness, meaning it would be closed to vehicles and construction and mining. Local ranchers say it’s a land grab that will interfere with their grazing rights.
The Congressional Western Caucus released the 2010 memo — which is headed “Internal Draft – NOT FOR RELEASE” and labeled “Treasured Landscapes” — Tuesday. It lists more than two dozen specific areas from which the agency seeks to lock out most human activity. Three of those are in Nevada. Continue reading
Gov’t, locals want to fend off a new Bundy-type clash
New Mexico ranchers are plenty mad over the U.S. Forest Service’s refusal to open a gate blocking their cattle from reaching water, but all sides say they are working hard to avoid an armed showdown reminiscent of Nevada’s Bundy ranch skirmish any time soon.
State senators took the first steps Wednesday to putting the county sheriff between federal agencies and Arizona residents and businesses.
The legislation approved by the Senate Committee on Public Safety would require any federal agency that does business in any county first register with the local sheriff. Continue reading
THE CONDITIONS OF THE DECLARATION OF INDEPENDENCE (full text below)
THE CONDITIONS OF THE BILL OF RIGHTS
THE CONDITIONS OF THE CONSTITUTION OF THE UNITED STATES OF AMERICA
CONDITION NUMBER ONE
Governments are instituted among Men, DERIVING THEIR JUST POWERS FROM THE CONSENT OF THE GOVERNED (USING DUE PROCESS OF LAW)
Everyone of our elected representative took an oath to “Defend the Constitution?”
WHO IN OUR 2013 AMERICAN GOVERNMENT, IS PROTECTING THESE PREEXISTING CONDITIONS, OF OUR CONSTITUTIONAL RIGHTS TO LIFE, LIBERTY AND THE PURSUIT OF HAPPINESS?
THESE WERE PREEXISTING CONDITIONS IN THE UNITED STATES OF AMERICA LONG BEFORE OBAMACARE.
————————————————————— Continue reading
REUTERS – Oklahoma’s attorney general said on Friday he was reviewing the decision of a U.S. judge that barred the state from adopting a measure that would ban its state courts from considering Sharia law under any circumstances.
“We have received the order and, as always, we are in the process of carefully reviewing the judge’s decision,” said Oklahoma Attorney General E. Scott Pruitt. He did not say if the state would appeal the decision.
U.S. District Judge Vicki Miles-LaGrange ruled on Thursday that the measure, contained in an amendment to the Oklahoma state constitution, violated the freedom of religion provisions of the U.S. Constitution. Sharia law is based on Muslim principles. Continue reading
WASHINGTON, September 28, 2013—In an unusual show of bipartisan agreement, a large coalition of congressmen has come together to oppose a provision known as the King Amendment. Slipped into the House version of the Farm Bill, this short but powerful piece of legislation is threatening dozens of state laws enacted to protect the health and welfare of citizens.
Formally known as the Protect Interstate Commerce Act, the provision authored by Iowa Representative Steve King prevents states from imposing standards or conditions on agricultural products produced out of state.
The King amendment could have far-reaching implications, nullifying a large spectrum of state and local laws concerning everything from livestock welfare to GMO labeling, restrictions on pesticide and antibiotic use, horse slaughter, child labor, fire safe cigarettes, shark finning, Christmas trees, and even the sale of cat and dog meat. Continue reading
Jewell Announces Over $40 Million for State and Local land acquisition; reiterates call for full funding of LWCF
Secretary of the Interior Sally Jewell today announced that $40.03 million is being made available in allocations from the Land and Water Conservation Fund (LWCF) and will be distributed to all 50 States, the Territories, and the District of Columbia for state-identified outdoor recreation projects. LWCF state grant funds are awarded through Federal matching grants that leverage public and private investment in America’s state and local public outdoor recreation projects.
Secretary Jewell also underscored the importance of President Obama’s proposal to require mandatory, full funding of the program by 2015. Continue reading
THE PEOPLE OF THIS STATE DO NOT YIELD THEIR SOVEREIGNTY TO THE AGENCIES THAT SERVE THEM.
BY DEFINITION PUBLIC SERVANT – someone who holds a government position (either by ELECTION or APPOINTMENT)
WA STATE RCW 42.56.030
THE PEOPLE OF THIS STATE DO NOT YIELD THEIR SOVEREIGNTY TO THE AGENCIES THAT SERVE THEM.
THE PEOPLE, IN DELEGATING AUTHORITY, DO NOT GIVE THEIR PUBLIC SERVANTS THE RIGHT TO DECIDE WHAT IS GOOD FOR THE PEOPLE TO KNOW AND WHAT IS NOT GOOD FOR THEM TO KNOW.
THE PEOPLE INSIST ON REMAINING INFORMED SO THAT THEY MAY MAINTAIN CONTROL OVER THE INSTRUMENTS THAT THEY HAVE CREATED.
THIS CHAPTER SHALL BE LIBERALLY CONSTRUED AND ITS EXEMPTIONS NARROWLY CONSTRUED TO PROMOTE THIS PUBLIC POLICY AND TO ASSURE THAT THE PUBLIC INTEREST WILL BE FULLY PROTECTED.
IN THE EVENT OF CONFLICT BETWEEN THE PROVISIONS OF THIS CHAPTER AND ANY OTHER ACT, THE PROVISIONS OF THIS CHAPTER SHALL GOVERN.
[2007 c 197 § 2; 2005 c 274 § 283; 1992 c 139 § 2. Formerly RCW 42.17.251.] Continue reading
JEFFERSON CITY, Mo. – Imagine the scenario: A federal agent attempts to arrest someone for illegally selling a machine gun. Instead, the federal agent is arrested – charged in a state court with the crime of enforcing federal gun laws.
Farfetched? Not as much as you might think.
The scenario would become conceivable if legislation passed by Missouri’s Republican-led Legislature is signed into law by Democratic Gov. Jay Nixon. Continue reading
SALT LAKE CITY — Federal officers and rangers have no right to enforce driving and other common laws on national forest, federal range lands and national parks, the Utah Attorney General’s Office asserts.
The state is defending an effort to limit the police powers of federal officers in the latest flashpoint between Utah and U.S. government officials. The debate has often centered on control or development of federal lands, but it is now extending to police activities by federal officers. Continue reading
News Release from Ramona Morrison
Liberty and Property Rights Coalition
(RENO, NV) Friday, Chief Judge Robert C. Jones of the Federal District Court of Nevada issued a historic 104-page ruling protecting western ranchers’ grazing preferences and finding conspiracy by federal agents to deprive ranchers of vested property rights. The decision stems from a 2007 trespass case, U.S. v. Hage, brought by the U.S. Forest Service (USFS) and Bureau of Land Management (BLM) against embattled central Nevada rancher Wayne N. Hage and the Estate of his father, well-known property rights activist, E. Wayne Hage.
Wayne Hage commented from Pine Creek Ranch, “This decisions is landmark for western ranchers. I am pleased to announce for the ranchers of the Western states that it has been proven that a permit is not simply a revocable privilege, but rather there is a property interest in the permit for the purpose of the Due Process Clause, both procedural and substantive. This is important because it will safeguard rancher’s rights and historical grazing practices.”
EPA won’t appeal courtroom win for Cuccinelli, Fairfax
The Environmental Protection Agency (EPA) will not appeal a January ruling that handed Virginia Attorney General Kenneth T. Cuccinelli II a courtroom victory over a federal agency he has tangled with more than once with since being elected to office in 2009.
A federal judge had ruled the EPA overstepped its bounds in trying to regulate stormwater in a Northern Virginia watershed — a ruling Mr. Cuccinelli says could have cost the state and Fairfax County upward of $300 million. Continue reading
Nebraska City — State Sen. Bill Kintner’s bill to prevent cities from adopting the United Nation’s Agenda 21 policies is scheduled for hearing with the Legislature’s Judicial Committee at 1:30 p.m. on Feb. 13.
The bill says political subdivisions may not enact policies that infringe on property rights without due process.
Sen. Kintner said the bill is in response to implementation of Agenda 21 policy guidelines in Nebraska counties and cities.
With the signature of President George H.W. Bush, the United States became one of 178 countries to adopt the work emerging from the United Nation’s Conference on Environment and Development at the 1992 “Earth Summit” at Rio de Janeiro in Brazil. Continue reading
Jan. 17, 2013
Washington State recently made news after local farmers in association with the Washington State Farm Bureau adopted new policy blocking all aspects of U.N. Agenda 21.
United Nations Agenda 21 is based off of the The Commission on Global Governance’s controversial 1995 report entitled “Our Global Neighborhood” that calls for more power to the United Nations in countries affairs, including the United States.
One of the most troubling aspects of this is the United Nations claim that it has the authority to change policy in the United States and even dictate what people can or can’t do on their own private property under the supposed guise of environmentalism to the point of restricting massive amounts of land to American citizens.
Maryland – A rain tax sounds kind of preposterous, but the state of Maryland will be implementing such a thing very soon.
The Gazette, a local Maryland newspaper, reports that new regulations put into place by the EPA require Maryland to reduce the amount of stormwater that flows into the Chesapeake Bay. The reduction in run off would reportedly drop nitrogen levels by 22 percent and phosphorous levels by 15 percent. It’s a noble endeavor that comes with a $14.8 billion pricetag. Continue reading
Arizona- Under immense pressure from grassroots activists across the political spectrum, lawmakers in the Arizona Senate approved legislation last week that would ban the controversial United Nations “sustainable development” scheme known as UN Agenda 21 within the state. The measure in Arizona follows similar efforts in other states and comes amid increasing nationwide outrage about the international so-called “sustainability” plot, which according to UN documents aims to radically restructure human civilization under the guise of environmentalism and fighting poverty.
The legislation, S.B. 1403, is summarized in the bill as “an act prohibiting the state and its political subdivisions from recognizing the United Nations or any of its declarations as legal authority in this state.” Specifically targeted are the UN “Rio Declaration on Environment and Development” and the “Statement of Principles for Sustainable Development” adopted by dictators and national governments at the 1992 international “sustainability” summit held in Rio de Janeiro. Continue reading
Published: March 22, 2013 08:46AM
Updated: March 25, 2013 09:07AM
Kane County, Utah – A federal judge handed a landmark victory to Kane County and the state of Utah on Wednesday in a years-long dispute with the federal government over whether some rural routes should remain in use as roads, or if they should be closed to the public.
In two decisions, U.S. District Judge Clark Waddoups found he had jurisdiction to hear Kane County’s claim, gave parameters for “reasonable” right-of-way widths on some routes and determined that 12 of 15 routes in dispute were roads and therefore accessible by the public. Continue reading
Others say U.N.
land-use blueprint having no impact
QUINCY, Calif. — Carol Viscarra doesn’t consider herself a political activist, but Agenda 21 caught her attention.
The cattle, hay and vegetable producer from the Indian Valley near here is also an emergency-room nurse, so she doesn’t have much time to “bounce around the county addressing regulatory boards,” she said.
But battles over water from a stream that feeds her 450-acre ranch have taken Viscarra on a journey of research that led her to fight a proposed update of Plumas County’s general plan, which she believes could slowly destroy private property rights.
“I am an American,” she told the county planning commission recently, “and I believe that one of the primary pillars upon which rests our most fundamental freedoms as Americans is private property rights.”
Viscarra and some of her neighbors assert the updated plan closely mirrors Agenda 21, a United Nations document that’s drawn fire from some landowners and activists in the West who fear it’s behind a planned depopulation of rural areas. Continue reading
Posted March 28, 2013
President Barack Obama is expected to grant protected status to 1,000 acres of federal land in the islands.
WASHINGTON — President Barack Obama on Monday will announce five new national monuments that will be added to the nation’s list of protected land, including 1,000 acres in the San Juan Islands in Washington state. Continue reading
Less than two weeks ago, Sen. Rand Paul’s demanded to know whether the president believed he had a right to kill an American citizen on American soil with a drone, finally getting an answer that had to be dragged out Attorney General Eric Holder. An equally important, but still unasked question is whether the president intends to build a federal, drone-based “public safety” force to police local communities.
Somebody had better ask the president about this quickly, because it appears that his administration intends to use drones to actively usurp what were once local police and sheriff’s department functions. Continue reading
Idaho – U.S. Sen. Mike Crapo of Idaho said getting Congress to approve transferring federal lands to western states would be difficult but not out of the question.
“Allowing states to manage federal lands would be more likely to get a positive hearing in Congress,” he said.
The Idaho Senate will decide this week whether to approve a resolution demanding that the federal government transfer all of its land to the state. The bill, based on a law approved by Utah, is based on a legal argument that the federal government promised to sell its lands and give the states 5 percent of the proceeds. Continue reading
Following Alabama’s lead, lawmakers in the Oklahoma House of Representatives voted overwhelmingly to approve popular legislation protecting private-property rights and banning a controversial United Nations “sustainable development” scheme known as Agenda 21, which critics say represents a serious threat to American values and liberty. If approved by the Senate as expected, the law would also prohibit state and local governments from working with the UN or its affiliates to implement any sort of “international law” that violates the U.S. or Oklahoma constitutions.
The bill, H.B. 1412, was passed in the state House last week on a bipartisan vote, with a Republican-led coalition of 67 supporting the legislation against 17 Democrats who opposed the measure. It originally passed out of the States’ Rights Committee in late February and is now in the state Senate, where a broad coalition of activists — supporters of national sovereignty, private property, the Constitution, individual liberty, Tea Party groups, and more — is working to ensure its passage. Continue reading
Posted on February 13, 2013
DEPRIVED OF OUR WATER RIGHTS AND OUR RIGHT TO WATER
An introduction to a series by Pearl Rains Hewett
“behindmyback.org” – CLOUDED WATERS
DEPRIVED OF OUR WATER
BY THE APPOINTED FEDERAL – STATE AGENCIES – TRIBAL TREATY -TAPPED
This series of on the taking and depravation of our water rights will report, document and expose the many ways we the people are being deprived not only of our water right, but to our right to water.
THE Environmental Protection Agency (EPA)
The source point of our deprivation comes from THE TOP via a federally Appointed Agency. The Environmental Protection Agency (EPA) is federally funded by our centralized US Government in DC.
When Sound Transit decided in 2007 to build a light-rail stop on the property where Doris Cassan and her husband had operated an airport parking lot for 40 years, the city of Sea-Tac decided it was time to follow the trendy example of other cities by creating a “downtown” retail hub with the train station as a hub.
But in order to make that possible, the city would need to buy Cassan’s property or, when she declined to sell, use the government power of eminent domain to condemn the Cassan’s property so that private developers could enact its vision for the city.
The action, however, stretched the traditional understanding of eminent domain because it called for using the power in order to replace one private property owner with another rather than to build a public-use facility like a road or bridge. Continue reading
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