|
This timeline chronicles the chain of events in the controversy surrounding the landmark takings case filed by Wayne and Jean Hage in September of 1991. The timeline lists the events involved in the civil case, Hage v. United States, filed by the Hage's against the Forest Service, and the criminal case, United States v. Hage and Seaman, filed by the Forest Service. The criminal case was eventually appealed and won by Hage and Seaman.(Issues relating to the criminal case are noted with an asterisk.)
APR 2, 1990: James Overbay Letter
James C. Overbay, Deputy Chief United States Forest Service sends letter to Regional Foresters urging support of environmental groups objectives in return for their help supporting larger Forest Service budget.
FEB 13,1991: David Grider Letter to Hage
Forest Service District Ranger, David Grider, sends letter to Hage canceling livestock grazing on Hage's allotment.
FEB 22, 1991: Grider Letter to Roy Elicker (NWF)
David Grider sends a copy of the February 13, 1991 letter canceling Hage's livestock grazing permit to Roy Elicker, attorney for the National Wildlife Federation (NWF).
MAR 10, 1991: Elicker Speaks at Law Conference
Roy Elicker explains the National Wildlife Federation's policy on livestock grazing to eliminate the livestock industry on the federal lands.
In this seminar he teaches participants how they can help accomplish this. Excerpts from his lecture follow.
"What everyone likes is the Big victory you load them cattle trucks for the last time and they go driving off into the sunset and they never come back."
"But you can win a lot more victories than that ultimate one, you can win a lot more victories by making him (the rancher) pay for what he does out there and by making it so expensive in his operation and making so many changes for him to continue to run his cattle on the public lands that he goes broke, he can't do it, he has to come up with other ways to be a rancher."
"When you get right down to it, the boots and the hat, boy for them guys, its a way of life."
"The ultimate picture is of course, the last cattle truck driving off into the sunset, but that's not how you win."
"How you win is one at a time, one at a time, he goes out of business, he dies, you wait him out, but you win."
MAR 24, 1991: Staiger (USFS) Communicates With CIGNA
Waive Staiger, Forest Service employee working under Grider, informs CIGNA (through their subsidiary Doane Western) of action taken by the Forest Service to cancel livestock grazing on Hage's allotment.
JUNE, 1991: Congressmen and Senators Contacted by USFS
The Forest Service briefed 32 congressmen and senators as the Forest Service made plans to confiscated Hage's cattle.
JUL 11, 1991: 1:19 p.m. E-Mail Message (USFS)
USFS prepared to take Hage cattle. Margin note to Congressman Vento and Synar, Toiyabe Forest Service and Nevada Congressional delegation. This note shows Bruce Vento and Mike Synar were being kept informed of the plans and execution of the livestock confiscation. At the time, Vento and Synar were sponsors of a bill to be voted on in the Senate that would significantly raise grazing fees on the western livestock industry.
JUL 11, 1991: 2:47 p.m. E-Mail Message (USFS) Plans for Confiscation
This message portrays Hage as one who can only be dealt with by the extreme measures, and begins to set plans accordingly.
JUL 12, 1991: E-Mail Message (USFS) re: Original Plan
This message shows attention paid by parties involved in confiscation to political and public relations concerns repeating portrayal of Hage as one who must be dealt with by the extreme measures.
JUL 25, 1991: E-Mail Message (USFS) Revised Plan for July 27, 1991
The original date of the July 14th confiscation and press coverage was canceled by the Undersecretary of Agriculture to prevent the influence on the Senate grazing fee vote scheduled for July 17, 1991. This message explains their revised plan.
JULY 27, 1991: US Forest Service confiscates Hage's cattle at gunpoint
Thirty Forest Service riders, some armed with semi-automatic weapons and wearing bullet proof vests, barred Hage's employees from trying to comply with Forest Service regulations and gather the cattle in the Meadow Canyon allotment as they had been doing everyday since the beginning of the season. The Forest Service proceeded to confiscate Hage's cattle.
SEPT 8, 1991: US Forest Service conducts second confiscation
The Forest Service conducted their second confiscation of Hage's cattle. Total number of cattle confiscated was 104 head.
SEPT 18, 1991: US Forest Service auctions Hage's cattle
After local sale yards refused to sell Hage's cattle because they did not have proper brand inspection, the Forest Service District Ranger conducts his own sale at the Bureau of Land Management Wild Horse facilities outside Reno, Nevada. The District Ranger was asked by a cow buyer for the brand inspection since the local brand inspector had refused to participate. The District Ranger claimed his own signature was proper authorization. After the cattle were sold, the Forest Service kept the proceeds and sent Hage a bill for the difference between the sale of the cattle and the cost of the confiscation.
SEPT 26, 1991: Hage V. United States Filed
Hage files a takings claims against the Forest Service in the US Court of Federal Claims. The complaint alleges the United States took Hage's livestock, grazing rights, and stock water right's on range lands. It also alleges the taking of irrigation water by preventing the clearing of ditches and right of way's necessary to convey irrigation water to place of beneficial use.
* OCT 16, 1991: USFS Attempt's to Site for Misdemeanor
USFS attempts to cite woodcutter, Lloyd Seaman, for clearing brush on a ditch right of way owned by Hage. This dispute was already a part of the takings claim filed by Wayne.
DEC 22, 1991: Motion to Intervene by Environmentalists
Several environmental groups led by the National Wildlife Federation, the Natural Resources Defense Council, Sierra Club, and including the State of Nevada, filed a motion to intervene in the Hage case on the side of the Federal Government.
(See sidebar relating to these groups.)
* JAN 8, 1992: Misdemeanor Charges Dropped by US
Hage had shown the Forest Service the ditch right of way in question was an RS2477 right of way owned by Hage and that the ditch maintenance work he had done was well within the parameters of the law.
* JAN 8, 1992: Subpoena to Testify Before Grand Jury
The Forest Service renewed their interest in prosecuting Hage, but this time by having the US Attorney file felony charges against Hage and woodcutter, Lloyd Seaman. Hage was served with a subpoena to testify on January 22, 1992 before the Grand Jury to show proof of his ditch right of way ownership.
* JAN 15, 1992: Indictment Issued by Federal Grand Jury
Instead of waiting to hear Hage's testimony, the US Attorney pushed for an immediate hearing before the Grand Jury. Forest Service employees testified there was not a ditch right of way involved and that Hage and Seaman had illegally removed government property. Hage was not informed prior of the hearing and was not allowed to testify. Indictment was issued on two felony counts.
* JAN 16, 1992: Summons to Appear in US District Court
* JAN 24, 1992: Arraignment Las Vegas Federal Magistrate
APR 9, 1992: Intervention Status Denied
The Claims Court ruled against the environmentalists and the State of Nevada's motion to intervene.
JUN 19, 1992: Nevada Legislature Holds Hearings
The Nevada Legislature questions the actions of the Attorney General, Frankie Sue Delpapa, for hiring NWF attorney to represent State of Nevada against its own law in the Hage case.
* SEPT 18, 1992: Trial in Las Vegas Federal District Court
Wayne Hage and woodcutter Lloyd Seaman were convicted on the two felony counts for clearing Hage's ditch right of way.
SEPT 21, 1992: Environmental Groups Given Amicus Status
The Court allows the environmental groups that previously filed the motion to intervene to participate as a friend of the court. During this hearing, the interveners which include the National Wildlife Federation, argue along with the United States to stop discovery citing collateral estoppel regarding the ditch right of way conviction. Discovery is temporarily stopped.
* APR 19, 1993: Rehearing in Las Vegas Federal District Court
Attorneys for Hage argue to reverse the charges in the criminal case. Motion denied
* APR 20, 1993: Sentencing in Las Vegas Federal District Court
Wayne Hage was sentenced with three years probation, a $2500 fine, and two months under house arrest. Lloyd Seaman was sentenced with 18 months probation.
* APR 23, 1993: Appeal Filed to Ninth Circuit Court of Appeals
Probation department places Hage under house arrest and takes away his ability to carry fire arms until the appeal is granted.
JUN 30, 1993: Oral Arguments on Summary Judgment
Oral Arguments on the Governments motion for Summary Judgment were made in the United States Court of Federal Claims. United States uses right of way conviction as collateral estoppel.
* JAN 11, 1994: Hearing at Ninth Circuit Court of Appeals
Arguments made to reverse the criminal conviction over the ditch rights of way.
* MAR 4, 1994: Reversal by Ninth Circuit Court of Appeals
The Ninth Circuit overturns the lower court's criminal conviction.
* APR 14, 1994: Rehearing Requested by US on Reversal
* JUN 15, 1994: Reversal of Judgment Affirmed
Ninth Circuit upholds the reversal of the conviction by unanimous consent.
FEB 1, 1996: Order from Claims Court
United States Court of Federal Claims releases order in favor of the plaintiffs takings claim. The case will proceed to trial following the resumption of discovery and a preliminary evidentiary hearing in which the plaintiffs will provide documentation that their water rights, rights of way and forage rights predate those claimed by the Forest Service.
MAR 8, 1996: Claims Court Releases Summary Judgment Opinion
Judge Loren Smith releases his full opinion on the Summary Judgment motion. The Opinion further explains the reasoning behind his previously released order and directs the case to continue to trial on the takings claims filed by Wayne and Jean Hage.
FEB 15, 1996: Nevada State Engineer Issues Preliminary Order
A Preliminary Order of Determination in the Monitor Valley Water Adjudication acknowledges Hage's water right claims opposed by the USFS.
NOV 8, 1996: US Files Motion to Certify March 8, 1996 Ruling for Appeal
JAN 6, 1997: Hearings By State Water Engineer
USFS protests state water engineers Preliminary Order of Determination in favor of Hage.
FEB 3, 1997: Court Denies US Motion to Certify March 8 Ruling
MAR 24,1997: Hage Files to Amend the Complaint
The BLM licensed Hage's Ralston Allotment to third parties on the basis that Hage had abandoned his grazing permit. Hage files a motion to include the BLM(Bureau of Land Management) as defendents in the case and include the action by the BLM as an additional taking of his property rights. The complaint adds $4.4 million to th4e original complaint.
JUNE 13, 1997: Court Rules in Favor of Amending Complaint
After oral arguments, the court rules in favor of Hage's motion to amend the complaint, adding the BLM as defendants to the takings action.
SEPT 15, 1998: Nevada Water Engineer Files Determination Order
State of Nevada Engineer files the Determination Order in the Monitor Valley Water Adjudication determining Hage is the senior water rights holder of the waters within his grazing allottments in Monitor Valley.
SEPT 18, 1998: Nevada Files Motion to Stay Trial
State of Nevada Attorney Generals Office files a motion to stay the trial with the US Court of Appeals for the Federal Circuit on the issue of water rights. They argued that the state, not the Court of Claims, should be making the determination as to who owned the water in the Hage v. United States.
SEPT 24, 1998: US Court of Appeals Rules Against States Motion
OCT 1, 1998: First Phase of Trial Begins
Chief of the US Court of Claims, Judge Loren Smith, begins trial to determine what property rights are owned by the plaintiff. Trial included six days in a Reno, Nev courtroom and ended with a one day site visit to Pine Creek Ranch on Oct 9.
NOV 5, 1998: Court Issues Preliminary Opinion
Court issues a preliminary opinion that agrees with the State Engineer Determination Order that Hage is the vested water rights holder in the monitor valley water claimed. He also rules that Hage is the owner of ditch rights-of-way with an easement of 50 feet on both sides of the ditches, and that he owns the forage appurtenant to those water rights.
JAN 15, 1999: Hage Files Post Trial Brief
Plaintiffs file a post trial brief that makes final arguments on those issues already decided in the preliminary opinion and asserts that Hage owns all the water, forage and rights-of-way in the grazing allotments, and that he has a surface estate right to the grazing allotments.
JUNE 7, 1999: Final Hearing on the First Phase of Trial Scheduled
As of October 22, 1999 the Court's final decision of this phase had not been rendered.
|
The
Tribune Papers