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*-* The Law and History
TREATY OF GUADALUPE HIDALGO: FEBRUARY 2, 1848
Following the defeat of the Mexican army and the fall of Mexico City, in September 1847, the Mexican government surrendered and peace negotiations began. The war officially ended with the February 2, 1848, signing in Mexico of the Treaty of Guadalupe Hidalgo. The treaty added an additional 525,000 square miles to United States territory, including the land that makes up all or parts of present-day Arizona, California, Colorado, Nevada, New Mexico, Utah and Wyoming. Mexico also gave up all claims to Texas and recognized the Rio Grande as America’s southern boundary. In return, the United States paid Mexico $15 million and agreed to settle all claims of U.S. citizens against Mexico.
An examination of the history of the lands in question further establishes federal ownership. On May 13, 1846, the United States declared war on Mexico. The Treaty of Guadalupe Hidalgo ("Treaty"), 9 Stat. 922(1848), which ended the war, was signed by the United States Congress on February 2, 1848 and ratified by the Mexican Congress on May 25, 1848.
The public lands in Nevada are the property of the United States because the United States has held title to those public lands since 1848, when Mexico ceded the land to the United States. Gardner II, 107 F.3d at 1318
The decision informed Bundy the BLM would issue him a new ten-year federal grazing permit for the Bunkerville Allotment. Mot. Dism. (#4),Exh. E. The terms and conditions for the new federal grazing permit allowed for livestock grazing with some restrictions to be determined by the BLM. For example, if tortoises were found to be active in the early spring ina specific area, then grazing would not be allowed until the amount of spring ephemeral forage had grown to a sufficient amount
Moreover, in its 1998 Order, the Court acknowledged that the BLM is explicitly authorized to impound and dispose of the unauthorized livestock after written notice to Bundy of its intent to impound. Doc. #19, p. 10 (citing 43 C.F.R. §§ 4150.2, 4150.4, 4150.4-1, 4150.4-2; Klump v.United States, 38 Fed. Cl. 243 (1997) (government had not violated takings clause in impounding cattle as sanction for unauthorized grazing on federal lands)); see also 43 C.F.R. §§ 4150.4-1 - 4150.4-5; 36 CFR 2.60. The Court went on to state that “[t]he government has shown commendable restraint in allowing this trespass to continue for so long without impounding Bundy’s livestock.” Doc. #19, p. 11. The Court now echos those sentiments and finds that seizure and impoundment of Bundy’s livestock in the event of non-compliance with the Court’s Permanent Injunction was fully contemplated by the Court in its 1998 Order.
Finally, the Court finds that Bundy’s objections to the United States’ Motion, many of which have been disposed of in prior proceedings, are without merit. The Court has stated unequivocally on numerous occasions that it has jurisdiction to hear this case, and that the Allotment is owned by the United States and managed by the DOI through the BLM and the NPS. Bundy’s repeated suggestions to the contrary are entirely unavailing.
(The linked code is the actual text of it)
The Taylor Grazing Act of 1934 (43 USC 315), signed by President Roosevelt, was intended to "stop injury to the public grazing lands [excluding Alaska] by preventing overgrazing and soil deterioration; to provide for their orderly use, improvement, and development; [and] to stabilize the livestock industry dependent upon the public range" (USDI 1988). This Act was pre-empted by the Federal Land Policy and Management Act of 1976 (FLPMA).
This year marks the 25th anniversary of the passage of the Federal Land Policy and Management Act of 1976 -- a landmark piece of legislation that changed not only the Bureau of Land Management and the make-up of its workforce, but the face of the West forever. This ambitious Act both recognized the value of our Nation’s public lands and provided a framework in which they could be managed in perpetuity for the benefit of present and future generations. It defined BLM’s mission as one of multiple use -- a new concept for the times, but which today stands as our agency’s great strength.
(The linked text opens the full report that indicates for reference)
SUMMARY: Notice is hereby given that a temporary closure to public access, use, and occupancy will be in effect for the dates and times specified in this Notice on public lands administered by the Bureau of Land Management (BLM), Southern Nevada District Office, Las Vegas Field Office, within the Gold Butte, Mormon Mesa, and Bunkerville Flats Areas in the northeastern portion of Clark County, Nevada. This temporary closure is necessary to limit public access, use, and occupancy during an impoundment of illegally grazing cattle to ensure the safety and welfare of the public, contractors, and government employees. On March 10, 2014, the BLM signed a Decision Record to implement the temporary closure (see also Environmental Assessment DOI– BLM–NVS010–2014–0020–EA).
The temporary closure decision was approved by the Department of the Interior on March 24, 2014.
The BLM Southern Nevada District Office and the National Park Service's (NPS) Lake Mead National Recreation Area are taking steps to resolve a long-standing cattle trespass on federal lands. As cattle that are in trespass are removed, specific geographic areas within the overall closure boundary will be temporarily closed as necessary for the safety of the public, federal employees and contractor personnel. Areas temporarily closed to public access will be posted with signs and a temporary closure notice. Some areas may also be temporarily fenced off to members of the public.
April 2012: The BLM plans to round up Bundy's cattle. After several threats, these plans are abandoned. The Center for Biological Diversity files an intent to sue against the BLM for canceling their plans.
August 2013: A court order says Bundy has 45 days to remove his cattle from federal land.
October 2013: A federal district judge court tells Bundy not to “physically interfere with any seizure or impoundment operation.”
March 15, 2014: After nearly 20 years, the Bureau of Land Management sends Bundy a letter informing him that they plan to impound his "trespass cattle," which have been roaming on 90 miles of federal land. BLM averages four livestock impoundments a year, usually involving a few dozen animals.
March 27, 2014: The BLM has closed off 322,000 acres of public land, and is preparing to collect Bundy's cattle. Bundy files a notice with the county sheriff department, titled “Range War Emergency Notice and Demand for Protection." Bundy also says he has a virtual army of supporters from all over the country ready to protect him.
originally posted by: stirling
If this issue were about the Bundys cows anymore...then this would be a good information thread Wrabbit....but you are way behind the feelings and mood of those who are in opposition to the government of the federal Oligarchy......
You have to understand that this is more of a burning man than a legal issue....now we shall see if there are enough constitutionally minded Americans to have a real American Spring....
originally posted by: ManFromEurope
Don't you think that wishing for milita and deaths and wounded people and so on isn't a little over the top, even for patriots?
Don't you think that everyone should calm down and have this cleared up by some wise guys? If those are not available, maybe some lawyers?
To give you the view another countries' MSM hold on this topic:
* Farmer Bundy is a rascist. And he doesn't want to pay taxes and his debt of a million dollars.
* There is a dispute, and no side wants to move.
* Stupid milita-guys and patriots, as they call themselves which does no one else, are coming in to shoot at anything that moves and (enough alcohol involved) at trees. (Link - it starts with the NBA and moves over to Bundy on grounds of being examples for everyday rascism in the USA)
To sum it up: It leaves the picture of a redneck-country to the world. Is this what you wanted?
The government alleges that the BLM has not impounded Bundy's livestock due to it's anticipation the action could result in physical confrontation
Bundy's family been grazing cattle here for over a hundred years. That sets precedent.
Harry Reid's family makes deal with China to build solar company / business in Nevada.
Move tortoises to Bundy's land, screw the cattle and Bundy send in the paramilitary BLM.
Time to make a stand.