Feds to Impound Cattle on Federal Land
Associated Press
January 28, 2004
ALBUQUERQUE, N.M. (AP) - The U.S. government says it will remove a herd of up to 450 cattle illegally grazing on federal land, setting up a showdown with the ranching couple who own the livestock.
In December, Diamond Bar Ranch owners Kit and Sherry Laney were found in contempt for grazing cattle in the Gila National Forest in violation of earlier court orders. Most of the 146,000-acre ranch, which dates to 1883, is on the Gila land.
Steve Libby, U.S. Forest Service range management officer for the Gila National Forest, said Monday that authorities will begin to impound the herd on Feb. 7.
"Their deadline has passed, and they've given us no indication that they intend to remove their cattle," Libby said. "We're very sorry it came to this. This is not what we wanted to do."
While many ranchers in the West lease federal land for grazing and other uses, the Laneys, who bought the ranch in 1985, do not hold a lease for the Gila land.
The Laneys argued that they had grazing rights based on historical use of the land predating the forest's creation in 1964. But a federal appeals court rejected that argument in 1999.
The Laneys could not be reached by telephone Monday.
In a public notice in the Silver City Daily Press last week, Laney asserted: "Anyone who moves, drives or in any other way takes any of the livestock ranging on the Diamond Bar ... will be guilty of stealing ... and will be subject to arrest and prosecution by the county sheriff and-or brand inspector."
Environmentalists have claimed for years that the land is overgrazed, which leads to erosion, and should be protected.
"That's fantastic - finally, finally!" said Robin Silver, a founder of the Arizona-based Southwest Center for Biological Diversity. "Now, finally, we can proceed with the restoration of the Gila."
Caren Cowan, executive director of the New Mexico Cattle Growers' Association, said the case is another assault on ranchers' way of life.
"It's a sad situation and the implications could be tough for people," she said. "This is symptomatic of the environmental war that has gone on for the past decade over public land use."
Erik Ness, spokesman for the state Farm and Livestock Bureau, said the Laney case, if it reaches the U.S. Court of Claims as Laney plans, is "probably going to be a precedent-setting case" and "a real bellwether of private property rights versus federal land issues in the West.
----------------------------------------------------------------
Here's some more background on the case.
Diamond Bar allotment
Oak
Associated Press
January 28, 2004
ALBUQUERQUE, N.M. (AP) - The U.S. government says it will remove a herd of up to 450 cattle illegally grazing on federal land, setting up a showdown with the ranching couple who own the livestock.
In December, Diamond Bar Ranch owners Kit and Sherry Laney were found in contempt for grazing cattle in the Gila National Forest in violation of earlier court orders. Most of the 146,000-acre ranch, which dates to 1883, is on the Gila land.
Steve Libby, U.S. Forest Service range management officer for the Gila National Forest, said Monday that authorities will begin to impound the herd on Feb. 7.
"Their deadline has passed, and they've given us no indication that they intend to remove their cattle," Libby said. "We're very sorry it came to this. This is not what we wanted to do."
While many ranchers in the West lease federal land for grazing and other uses, the Laneys, who bought the ranch in 1985, do not hold a lease for the Gila land.
The Laneys argued that they had grazing rights based on historical use of the land predating the forest's creation in 1964. But a federal appeals court rejected that argument in 1999.
The Laneys could not be reached by telephone Monday.
In a public notice in the Silver City Daily Press last week, Laney asserted: "Anyone who moves, drives or in any other way takes any of the livestock ranging on the Diamond Bar ... will be guilty of stealing ... and will be subject to arrest and prosecution by the county sheriff and-or brand inspector."
Environmentalists have claimed for years that the land is overgrazed, which leads to erosion, and should be protected.
"That's fantastic - finally, finally!" said Robin Silver, a founder of the Arizona-based Southwest Center for Biological Diversity. "Now, finally, we can proceed with the restoration of the Gila."
Caren Cowan, executive director of the New Mexico Cattle Growers' Association, said the case is another assault on ranchers' way of life.
"It's a sad situation and the implications could be tough for people," she said. "This is symptomatic of the environmental war that has gone on for the past decade over public land use."
Erik Ness, spokesman for the state Farm and Livestock Bureau, said the Laney case, if it reaches the U.S. Court of Claims as Laney plans, is "probably going to be a precedent-setting case" and "a real bellwether of private property rights versus federal land issues in the West.
----------------------------------------------------------------
Here's some more background on the case.
Diamond Bar allotment
Oak
