The Feds vs Cliven Bundy

[Lurker66]

Not quite. His contention appears to be that he has ancestral title, either to the land in fee simple, or at least to an easement providing for grazing rights (I suspect the latter, given his stated willingness to pay grazing fees to the county). If he actually does have such title, then BLM's denial of grazing rights could constitute a regulatory taking for the purpose of the 5th Amendment's takings clause.

The real question is whether such title is vested in him. He claims it by right of family use for generations, predating the existence of the BLM. It's a weak claim, but not impossible. I'd be very interested to know if there has ever been any formal grant in the past, whether there was a claim staked and recorded, or whether he's just trying to lean on "it was never given to us, but we've always done it." The latter can be a basis for adverse possession, though adverse possession is almost never effective against a sovereign (government) landowner.

Based on very limited information, I think he's probably a crank, but this isn't necessarily the same as an illegal moving where he knew he didn't belong and then demanding normalization; Mr. Cliven--or his ancestors--appear to have been there for quite some time. The details matter.

I'm just stirring the pot. I don't care about a turtle or some old guy fussing bout grazing cattle on govt land. OSA has been cranky as of late so I'd just toss something out there to add to the stink.

 

[71buickfreak]

All your cows are belong to us.

 

[cmhbob]

My family and I used to own some land around Lake Austin. We were going to try and develop it, then it was declared habitat of the golden-cheeked warbler, a protected bird. We couldn't do anything with it for years,. Then we found that we could do a study of the land to count the birds present. If there were no birds, and no signs of birds, we could develop it. We had the study done, no sign of birds found, so we were finally able to sell the land.

Can't understand why they can't do that here?

 

[inactive]

My family and I used to own some land around Lake Austin. We were going to try and develop it, then it was declared habitat of the golden-cheeked warbler, a protected bird. We couldn't do anything with it for years,. Then we found that we could do a study of the land to count the birds present. If there were no birds, and no signs of birds, we could develop it. We had the study done, no sign of birds found, so we were finally able to sell the land.

Can't understand why they can't do that here?

Because he doesn't own the land, and is claiming an easement that apparently does not exist on any title to the land. As such the BLM doesn't have to entertain any studies since it's outright their land.

 

[Glocktogo]

Because he doesn't own the land, and is claiming an easement that apparently does not exist on any title to the land. As such the BLM doesn't have to entertain any studies since it's outright their land.

The land doesn't belong to the BLM. They manage it for the American public. If the American public is prohibited from benefiting from the land, then are they really doing their jobs? Has the BLM proven that grazing the 500 cattle there have resulted in any tortoise deaths over the past 20 years?

 

[n8thegr8]

What would the Duke do?

"Fill your hands, you son of a bitch!"

 

[Oklahomabassin]

If the cattle were illegal immigrants the president would be all over this. They deserve citizenship!

 

[11b1776]

Maybe I don't get it, it seems to me that a guy is using public land to feed his cows with no legal right or permission that he can come up with other than he was here first, take my money. If he has a right to the land he should have it in writing somewhere, right? If that is wrong someone set the record straight for me.

What if you caught someone hunting your land, and when confronted said, "We was here before you owned the land, so we are going to hunt on it, and pay you to lease it, but if you don't like that idea, well that's to bad..."

 

[AKguy1985]

All your cows are belong to us.

this

"Fill your hands, you son of a bitch!"

and this

 

[Okie4570]

Wow, all the way back to page 6 of the General Discussions...............I though this thread would have had 20 pages or so by now, lol!