Wyoming Property Rights Case Headed for Supreme
Court
NCBA, Public Lands
Council, State Affiliates
Unite in
Fight for Rancher’s Rights
Washington, D.C. (January 24,
2007) – Among ranchers, one of the most
passionately held principles is the defense of property rights. That’s
why the National Cattlemen’s Beef Association (NCBA), the Public Lands Council
(PLC), the Wyoming Public Lands Coalition, the Oregon Cattlemen’s
Association, and the Nevada Cattlemen’s Association have joined together in
filing an amicus brief with the U.S. Supreme Court in the case of Wilkie v. Robbins.
The central issue
for NCBA and PLC is the right of private property owners to deny federal access
to their property and the legal options available to property owners for holding
federal officials accountable for inappropriate actions.
“We’re fighting
for individuals against government abuse,” says Jeff Eisenberg, NCBA’s director of federal lands and executive director of
the PLC. “There needs to be checks in place to prevent federal officials
from abusing their positions and violating the civil rights of property
owners.”
Harvey Frank
Robbins owns the High Island Ranch near Thermopolis, Wyo. A dispute
between Robbins and the Bureau of Land Management (BLM) began over ten years
ago when Robbins purchased the ranch. The 80,000 acres involved in this
case are partly public and partly private lands, and at issue is whether
Robbins had a right to deny the BLM access to his property. In court
cases over the past decade, Robbins won two preliminary victories in the U.S.
district and circuit courts.
“We’ve heard many
stories of government officials failing to respect the Fifth Amendment rights
of people in ranching communities,” says Eisenberg. “But what really
strikes a chord with us in this case, is the blatant abuse and harassment of
Mr. Robbins at the hands of federal officials.”
In response to
Robbins’ refusal to grant a right-of-way across his property, the BLM
reportedly refused to maintain the road providing access to his property;
cancelled his right-of-way across federal lands; stated they would “bury Frank
Robbins”; cancelled his recreation use permit and grazing privileges; brought
unfounded criminal charges against him; trespassed on his property; and
interfered with his guest cattle drives. The harassment eventually forced
Robbins to shut down his dude ranch business.
“NCBA and PLC are deeply concerned about the brazen disrespect for private
property and the extent to which the federal government can improperly
intimidate private citizens. This issue strikes a blow against the most
fundamental principles under which ranchers and westerners exist,” says
Eisenberg. “Our western producers interact extensively with government
officials and we want to put the government on notice that continued abuses of
this kind will not be tolerated.”
NCBA and PLC plan
to submit briefs February 21, and oral arguments are
scheduled for March.
“Protecting
private property rights is one of the founding principles of NCBA dating back
to 1898,” says Eisenberg. “Our involvement in this case is based on our
respect for property rights principles and the need for checks on conduct by
government officials. We’re proud to be part of this effort.”