| Another Victory in
Hage v.
United States
February 6, 2003
By Margaret Byfield, Executive Director, Stewards of the Range
707 East United Heritage Court, Suite 150 Meridan, Idaho 83642 1-800-700-5922 http://www.stewardsoftherange.org
We just received news from the U.S. Court of Federal Claims: The court has issued its written opinion denying the governments fourth summary judgment motion filed in Hage v. United States. The government filed its motion arguing in part that the case should be dismissed because Hage did not have access (via the grazing permit) to the stock water rights and ditch rights the court determined Hage owned in its January 29, 2002, decision, therefore these rights are noncompensable. The court disagreed finding the property rights owned by Hage were pre-existing to the permit system and "the court is not of the opinion that lack of a grazing permit that prevents access to federal lands can eliminate Plaintiff's vested water rights and ditch rights." The court continued, "The value of these rights, if any, is something to be determined at trial." This is a significant precedent because it demonstrates that even though the government eliminates a landowner's grazing permit, this does not preclude the landowner from pursing a takings claim for the property the government has kept them from accessing. It is important to note this court is not considering the question whether or not a rancher is required to have a grazing permit. The Claims Court's jurisdiction is over whether the regulations at issue has taken property without just compensation. Also, today the court is holding a status hearing on the case and we are hopeful that a trial date for the takings and valuation phase will be set. We will keep you posted. To read the full text of the order: http://r.vresp.com/?StewardsoftheRange/2b222a9019/69849/468472aef3 http://www.stewardsoftherange.org/hage_v_us/decision2-5-03.pdf
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