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re: Breaking: Confiscating Legal Weapons at Bundy Ranch in Nevada

Posted on 4/13/14 at 9:26 am to
Posted by WildTchoupitoulas
Member since Jan 2010
44071 posts
Posted on 4/13/14 at 9:26 am to
Two things I don't understand about this situation.

First is no one can confiscate your guns without you giving them your guns. I didn't understand this with Katrina either. I mean, yeah, I've got a .38 snubbie I'd gladly turn over. Otherwise...

But also regarding the man's claim, I have title to land that was granted to my Acadian ancestors by the Spanish government of Louisiana. After the Purchase, they filed their claim with the new government. Every year since then we have paid property taxes on our land. These records are on file at the courthouse.

According to the report I saw, this man's family had been paying grazing rights until 1993. That right there is evidence that they were renting the land and didn't own it. If he hasn't been paying taxes OR rent on the property, he really has no claim to it.

If in fact this is federal land, that means it belongs to US. I don't know about you, but when I rent property out, I intend to receive rent. If you don't pay rent, you get evicted.

Where is this man's evidence of ownership? A claim filed, or receipts of taxes paid would go a long way to proving his case.
Posted by bulldog95
North Louisiana
Member since Jan 2011
20698 posts
Posted on 4/13/14 at 9:48 am to
quote:

Bundy's dispute with the government began about 1993 when the bureau changed grazing rules for the 600,000-acre Gold Butte area to protect an endangered desert tortoise, KLAS reported. Bundy refused to abide by the changes and stopped paying his grazing fees to the federal bureau, which he contends is infringing on state rights. His family has been ranching since the 1800s, before the U.S. Department of Interior was created and endangered species became a federal issue, he said in an interview with KLAS. "My forefathers have been up and down the Virgin Valley ever since 1877. All these rights I claim have been created through pre-emptive rights and beneficial use of the forage and the water. I have been here longer. My rights are before the BLM even existed," Bundy told the station.



From an article I read his family had the rights before the government came in but he decided to pay the grazing fees because all his neighbors did and it was supposed to be used for land upkeep but instead the BLM used it to buy out or legally acquire all the others ranchers.

At this time and with their failure to abide by the contract (upkeep of roads, fences, etc....) that buddy quit paying his grazing fees.
Posted by Pepperidge
Slidell
Member since Apr 2011
4311 posts
Posted on 4/13/14 at 9:49 am to
I see things have changed in the situation...

on another note:
I was always under the impression that a LEO's oath to uphold The Constitution trumps an unconstitutional order given by their superiors(like military)...I guess they eventually(or maybe even have already) are eliminating that part of the oath...because any officer that violates Constitutional rights is unworthy of his badge anyway...we only need LEO's that are oath keepers...

contrary to what many overzealous LEO's think, You can and should point out any order given that is unconstitutional and refuse to comply on those grounds and document it in anyway possible right up the chain of command...you may just end up Sheriff of chief of police one day for standing up for the people instead of the department...
Posted by bulldog95
North Louisiana
Member since Jan 2011
20698 posts
Posted on 4/13/14 at 9:52 am to
Yeah the governor of Nevada is ordering an investigation into the tactics of the BLM and due to concerns of safety (looks like the militias and others on hand who were armed) led to the BLM agreeing to release the stolen cattle and to pull back for now.

Viva la revolution.
Posted by WildTchoupitoulas
Member since Jan 2010
44071 posts
Posted on 4/13/14 at 10:33 am to
quote:

Bundy's dispute with the government began about 1993 when the bureau changed grazing rules for the 600,000-acre Gold Butte area to protect an endangered desert tortoise, KLAS reported. Bundy refused to abide by the changes and stopped paying his grazing fees to the federal bureau, which he contends is infringing on state rights. His family has been ranching since the 1800s, before the U.S. Department of Interior was created and endangered species became a federal issue, he said in an interview with KLAS. "My forefathers have been up and down the Virgin Valley ever since 1877. All these rights I claim have been created through pre-emptive rights and beneficial use of the forage and the water. I have been here longer. My rights are before the BLM even existed," Bundy told the station.

So they WERE paying grazing fees. That is evidence that is is NOT their property.

It doesn't matter when the Dept in Interior was created, what matters is when the federal government was created and when Nevada entered the Union. If his family was granted the land under Spanish rule, they should have filed their claim when Nevada was admitted, and then paid their taxes every year - just like my ancestors did. But by paying the grazing fees for as long as they did, they are admitting that they are only tenants on the land. Maybe he should get together with other tenants in the area - or the State of Nevada - and make an offer to the feds to buy the land outright.

Suppose I owned a house that I rented out. Now suppose that after a while I decide that it's too much trouble to manage the property myself, so I hire a management firm. That doesn't convery ownership the the management firm. Now suppose I want to tear down the house to build commercial property to increase my returns. So I tell the manager to inform the tenant that they will have to move at the end of their term. If the renter tells the manager to FO because he was renting that property long before the manager ever showed up, I would call the sheriff to evict the tenant.

If in fact this is STATE land we're talking about, the BLM has no authority. If it is federal land, the BLM was created to manage the land. I really have no idea how this is in any way about states' rights. It's my understanding that the federal government acquired the Nevada territory through war with Mexico. Therefore the expense for the land was borne by the federal government and gives them the ownership. From there, they can grant it or lease it as law allows.

Hell, Mexico has a better claim to the federal lands there than the state Nevada.
Posted by bulldog95
North Louisiana
Member since Jan 2011
20698 posts
Posted on 4/13/14 at 10:39 am to
Well let's hope the government doesn't find some exotic animal on your land or need it for a new Chinese power plant or road.
This post was edited on 4/13/14 at 10:39 am
Posted by bulldog95
North Louisiana
Member since Jan 2011
20698 posts
Posted on 4/13/14 at 10:44 am to
There is a thread about this on page 3 I'll bump it for you.
Posted by WildTchoupitoulas
Member since Jan 2010
44071 posts
Posted on 4/13/14 at 11:15 am to
quote:

Well let's hope the government doesn't find some exotic animal on your land

What?

The government owns that land, that's the whole point. We have to respect land ownership rights, even when the land is owned by the People in common. If the government tried to claim my land, I would simply provide our tax records from the courthouse as evidence of my ownership. (As a matter of fact, I would provide the results of the title search I did on the property all the way back to the original claim, as well as records of taxes paid.)

If I wanted to put a chinese power plant on my cane field, I'd just tell the cane farmer not to prepare the field for the next planting. I don't care if his father was farming that land for my family before I took ownership, if it's my land, I have rights as to what I can and can't do with it. That includes evicting one tenant for another.

What I DON'T want to see is the tenant having more rights to MY land than I do just because his father farmed it on a lease.

That's what this is about, tenant vs land owner rights. What rights do tenants have? If the rancher owns that land, let him prove it through weight of evidence. If he doesn't, I'm afraid his rights to it are limited.

Look, my family did it right and have been paying their taxes on the land the whole time. Why should this guy be able to get away with not paying rent OR taxes for land he claims?
Posted by BRgetthenet
Member since Oct 2011
117678 posts
Posted on 4/13/14 at 11:16 am to
Did they confiscate any weapons?


Can anybody confirm that?
Posted by WildTchoupitoulas
Member since Jan 2010
44071 posts
Posted on 4/13/14 at 11:46 am to
quote:

Did they confiscate any weapons? Can anybody confirm that?

I would say no because they have no legal right to confiscate lawfully possesed firearms.

They do have the right to ask people to hand over their weapons, but the People maintain the right to refuse. That might not stop the ignorant from handing over their weapons, however.
Posted by bulldog95
North Louisiana
Member since Jan 2011
20698 posts
Posted on 4/13/14 at 1:10 pm to
That's all great until the government says imminent domain.

quote:

"...The property of subjects is under the eminent domain of the state, so that the state or he who acts for it may use and even alienate and destroy such property, not only in the case of extreme necessity, in which even private persons have a right over the property of others, but for ends of public utility, to which ends those who founded civil society must be supposed to have intended that private ends should give way. But it is to be added that when this is done the state is bound to make good the loss to those who lose their property."


Doesn't matter if you own the land outright and paid taxes for the last 500 years.

This doesn't pertain to the current situation just thought you would like to know so if they ever come to take your shite don't cry wolf then when it's you.
Posted by WildTchoupitoulas
Member since Jan 2010
44071 posts
Posted on 4/13/14 at 2:06 pm to
quote:

That's all great until the government says imminent domain.

I'm aware of imminent domain, and here is the critical clause:

"the state is bound to make good the loss to those who lose their property"

ie, the state will pay "fair market price" for such acquisitions.

I was threatened with emminent domain, untiil I pointed out that my neighbor's property was FAR more suitable for the public good - and I could easily prove it in a court of law. All of my neighbor's high-powered attorneys couldn't prove that there was a more suitable location for a public right of way than their client's property, and lost. Sucks for them.

I am also aware of adverse possession (which is far more onerous than imminent domain):

"By adverse possession, title to another's real property can be acquired without compensation, by holding the property in a manner that conflicts with the true owner's rights for a specified period. For example, squatter's rights are a specific form of adverse possession."

Unfortunately for the Nevadan rancher, adverse possession does not apply to public lands.
Posted by shawnlsu
Member since Nov 2011
23682 posts
Posted on 4/13/14 at 2:29 pm to
quote:

acquisitions

I laugh every time I hear this word now.
/hijack, carry on.
Posted by MisterSenator
Member since Aug 2013
1285 posts
Posted on 4/13/14 at 3:18 pm to
quote:

Just like I wasn't okay with the FBI searching peoples houses after the Boston bombing.



I still think that this is one of the least talked about but most egregious abuses of government in our lifetime
Posted by WildTchoupitoulas
Member since Jan 2010
44071 posts
Posted on 4/13/14 at 4:45 pm to
quote:

acquisitions I laugh every time I hear this word now.

Hey, at least the state has to compensate you for it - unlike your neighbor who can just take your land without compensation.
Posted by bencoleman
RIP 7/19
Member since Feb 2009
37887 posts
Posted on 4/13/14 at 5:10 pm to
I think there is more at work here than just tenant/ owner conflict. I think the rancher holds some disputed water rights, a big thing in a desert area, that the Govt. Has been trying to Billy him into giving up. Bully. I don't know the whole situation but I don't think any of us does.
Posted by WildTchoupitoulas
Member since Jan 2010
44071 posts
Posted on 4/13/14 at 5:26 pm to
quote:

I don't know the whole situation but I don't think any of us does.

These are the wisest words I've seen posted on the subject.

I'm withholding judgement.

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