Friday, April 29, 2011

Ranchers v. Wild Horses (and Burros) - An Old Case in FAVOR of the Equines

Setting forth the FACT that unbranded equines roaming our public lands are WILD animals same as the grizzley bears in our National Parks system;
and also increasing burden of proof on ranchers who claim the wild equines are destroying their private lands or livlihoods.....

This is an excellent case in support of the WH&B's. It states that the ranchers cannot succeed on this type of a "private property taking" claim unless they can prove a deprivation of the "economically viable use" of their other words, they must show actual damage (costs) incurred to them or their businesses due SOLEY to the WH& is not enough to merely claim the WH&Bs are "interfering" with their private property use. Also, another VERY important finding in this case (and something that the BLM has NEVER wanted to admit) is that Congress (and the courts, according to this case) consider the unbranded equines roaming our public lands, be WILD animals "same as the grizzly bears that roam our National Parklands." (See Allaed, 444 US @ 66, 100 S. Ct.@ 327) Of course, this being a 1984 case,...will need to be updated (Shepardized) to make sure these findings havent been over-turned.

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