Quote Originally Posted by monty View Post
You are mis-informed. They do not own the land nor do they claim to. Nor is it Public land Bardon v. Northern Pacific Rail Road.

The Bundy family has owned grazing rights, not BLM permits since the late 1800,s. These rights are private property under Nevada law. The Congress created the Bureau of Land Management in 1946 and gave them power to write their own rules and regulation under the Administrative Procedures Act of 1946. The Bundy family, like most ranchers signed a contract with the newly minted BLM to pay for managment costs. All the Acts of Congress relating to the BLM say they wiil respect all prior rights, water, mineral, grazing, etc that have been appropriated to the people. The BLM ignored the Congress in the writing of their regulations. In 1993 the regulations were becoming so stringent Cliven Bundy canceled his contract with the BLM. Without a contract they cannot accept payment. Bundy offered the money to Clark County, Nevada who refused it. He put it on deposit in the bank.

The original grazing and water rights recognized by Congress and by Nevada are still intact. He still owns the right to the feed and the water. He also owns the improvements to the springs and fences. The only thing he has done is refuse to contract with the Bureau of Land Management who is required by law to respect his rights.

The jurisdiction of the US District Court and the attorneys is doubtful. Newcomers who do not have vested grazing rights may enter into a contract for a grazing permit. But the must own a base property and water rights. A grazing permit may be revoked. Rights cannot.
Either way Bundy didnt have any rights what so ever after cancelling his contract with the BLM. His cattle are trespassing on land managed by the BLM.
Grazing rights end when the contract to graze is voided or canceled.
Stupid move on Bundy's part to cancel.
Sounds to me that Bundy wanted grazing rights for nothing if he thought his grazing rights continued after canceling the contract.
Sure the original grazing rights are recognized, but canceling his contract they no longer recognized Bundy. Heck any could go onto the land Bundy contracted and sign a new contract....give notice to Bundy to vacate. If not then Bundy's roaming cattle can be claimed by the new contractor.
And I bet the BLM would honor the claim on the cattle.

Only rights that cannot be taken by force are the Bill of Rights.