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    Senior Member HAPPY2BME's Avatar
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    Diamond Bar Ranch in NM Seized by US Forest Service

    Posted by Faye Higbee / April 18, 2014

    Diamond Bar Ranch in NM Seized by US Forest Service



    Officials say that the Laney’s can redeem their 80 cattle for $40,950

    Southwest New Mexico – The Diamond Bar Ranch was acquired by the Laney family in 1986, and its adjacent Laney Cattle Company was allowed to utilize grazing lands since 1883. According to the US Forest Service, however, they are no longer entitled to do so, and the USFS has posted notices along the fence line of their property advising people not to attempt to enter the ranch. Lands are being seized, and the cattle removed, “one way or the other.”

    Now they say that the cattle may be redeemed if the Laney’s pay for the costs of rounding up the 80 head of cattle… a hefty $40,950.

    Reductions in the herds, loss of appeals, a hard life all because of a fish


    Originally, the Laney property was just 115 acres surrounded by around 144,000 acres of public lands for which Mr. Laney paid grazing rights. But after a “study” by the U.S. Fish and Wildlife Service decided that the lands could not sustain his 1,188 head of cattle, the Forest Service reduced his cattle herd to a meager 300 head.
    Kit’s fight for the land and the ranching lifestyle cost him dearly over the years, even to the point of a divorce, as both Kit and Sherry grew exhausted from the battle. They were barred from improvements on the “wilderness” land for several years, which required them to ride out to livestock on horseback rather than hop in a truck. That and the continual stress of appeals, took a toll, though they eventually reconciled.

    Oh, and this one is over an “endangered species” called the “Gila Trout,” in case you were wondering.

    The continuation of a battle


    On Saturday, April 12, Kit Laney was served with a notice that his ranch would be shut down on Wednesday and his 300 head of “trespass” cattle removed from the land. This situation comes just a week after Rancher Cliven Bundy had a similar situation in Nevada.

    New Mexico’s “Brand Law” states that cattle cannot be transported across state lines without permission from the State Livestock Board. According to a Tea Party Tribune article, Catron County Sheriff Cliff Snyder notified the Forest Service that he will demand that law be enforced, and that cattle “cannot be shipped and sold without being in direct violation of NM Statute.”

    “I intend to enforce the state livestock laws in my county. I will not allow anyone, in violation of state law, to ship Diamond Bar Cattle out of my county.” Sheriff Cliff Snyder

    Unfortunately,in the case of Mr. Bundy, the federal agents just killed some of the cattle that wouldn’t move without regard to the law or any vestige of conscience. In this case, federal agents say the cattle are being held at an undisclosed area out of the state. Apparently the feds slipped past the Sheriff.

    Water Rights


    Water rights
    are a significant issue in the Laney Cattle Company/Diamond Bar controversy. The courts have been siding with the Forest Service, stating that just because someone has been there a long time, doesn’t necessarily mean they have rights to use public lands or water. Laney attorneys used the Mining Act to show private rights to the water and land, but the court rejected the argument. They are currently working hard to prepare their case for court yet again, this time with references to other cases, including the Wayne Hage decision from last year in Nevada.

    Background: Arrested for Assaulting a federal employee


    The Denver Post wrote in 2005,
    When the Forest Service slashed the number of cattle he could run, Laney refused to sign his permit and grazed his cattle in the wilderness anyway. When the Forest Service hired contractors to remove the animals, he confronted them, charging them on horseback and whipping one man with his reins, according to an indictment.”

    Mr. Laney was subsequently arrested , convicted, and spent five months in federal prison. Today, he is still a rancher, who now is facing the loss of everything he once loved. Some people believe he is a law-breaking fool. Others see him as a hero. But a man who has always been a rancher, a man who loves his cattle and the land, has fought with all his might to stop the confiscation of land and property that has been his entire life.

    “There are just so many cases where the federal government comes in, waves a hand, and puts you out of business.” Country Western Singer Michael Martin Murphey



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    Senior Member HAPPY2BME's Avatar
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    Feds Threatening ‘Third Wounded Knee’ with Eminent Domain Land Grab on Sioux Indian Reservation

    June 25, 2014 By 21wire Leave a Comment
    Patrick Henningsen
    21st Century Wire
    SPECIAL REPORT

    In the wake of a Bundy Ranch crisis sparked by a militarized federal land-grab effort in Nevada, it seems that the Department of Interior has set its sights on a new prize - this time targeting once protected Indian reservation land on Pine Ridge in South Dakota.
    The Oglala Sioux and Lakota Sioux of the reservation have been told by the Federal Government that the National Parks Service will be taking land that comprises the South Unit of the Badlands National Park as a new ‘Tribal National Park’, only the wording in the bill clearly indicates that it will be a federally managed national park under the Department of Interior, giving mere lip service to its tribal title. The Congressional bill has already been written, and if passed through Congress, both tribal members and non tribal members will be stripped of their deeded land – at a price set by the federal government. If owners do not accept Washington’s offer (expected to be a meager one), the land can be acquired at no cost because the measure has waives all appraisal rights and stipulates that Washington can simply take Indian land by force under eminent domain’.
    Thousands of tribe members will be affected by the land-grab. Some residents will be forced to relocate, and many more others will lose their income from grazing allotments on the land – a result which will ultimately force any remaining independent cattle ranchers out of business. In addition to all this, Tribal members will lose their share income from entrance fees collected at the adjacent North Gate fees of the Badlands National Park – a punitive measure which will further compound the existing economic depression on a reservation where the average annual income is around $8,000 per year.

    Washington may be pining for yet another ‘Wounded Knee’, as many residents and tribal members are prepared to stand their ground in the face of a federal imperialist policy inside US borders - a trend which many Americans have experienced first-hand, particularly in western states like Utah, Nevada, New Mexico, Arizona and California.
    Pine Ridge and Sioux cattle rancher Bud May with father Avery (Photo credit: Bud May)


    Resident and Sioux cattle rancher Bud May believes the issue is not confined to Pine Ridge.

    May states, “There is a feeling of common cause between attached parties on this issue – namely tribes and other reservations. The bottom line is we’ll all be under dictatorial control if something is not done quick”.

    The federal move initially gained traction after a Tribal Ordinance passed by the Tribal Council in the spring of 2013. Many Tribal members have been frustrated with the tribal council, which has gone against the will of the people to back the park. All 9 districts on the reservation have passed unanimous resolutions against the park along with the Shannon County Commissioners and several South Dakota State legislators.
    Badlands’ located on the Pine Ridge Sioux Indian Reservation in South Dakota (Photo Credit: Bud May)


    To add insult to injury, it appears that all landowners were only notified of the measure until after it had passed, with their first news of the federal plan coming in the form of eviction notices issued by the Bureau of Indian Affairs Land Operations department in the fall of 2013.

    The Tribal Council of 19 has yet to allow a democratic referendum on the federal takeover, although sources confirm that the referendum option is on the agenda for next month’s council meeting.

    ‘Cowboys and Indian’ in Common Cause
    The federal land-grab crisis was elevated to national news in April when Nevada independent rancher Cliven Bundy and his supporters stood toe to toe in an armed standoff with the the Department of Interior’s Bureau of Land Management (BLM) over Bundy’s private property and land rights which trace back to 1870′s.

    Lory Storm, a Nebraska radio host who has been following recent developments at Pine Ridge describes the synergy now happening between what were previously strange bedfellows. Storm explains, “The difference between this situation and the Bundy Ranch conflict? It will be the first time in the history of our Country that the Cowboys and Indians pose a united front against a federal government that is used to winning battles by first dividing and then conquering.”
    Already, many land owners are taking the position that they will not comply with the latest order from the government – leaving many to wonder whether this potential standoff will become the third ‘Wounded Knee’ incident involving a standoff between the Sioux Nation and the US Federal government.
    June 25th is the anniversary of the infamous conflict at the Little Big Horn between General Custer, the Northern Cheyenne and the Lakota Sioux, and this year’s anniversary will see residents of the Pine Ridge Reservation along with other protesters gathering again Wounded Knee to protest the theft of their land by the Federal Government.
    Crowds will gather to protest and a symbolic ride will take place today, where tribal riders will be joined by riders from ranches in Nebraska and South Dakota in the afternoon at the Gordon Legion in a show solidarity on the issue of private property rights and grazing rights.

    http://21stcenturywire.com/2014/06/2...n-reservation/
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