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Liberty Matters
March
2 , 2009
No
Way Out of Perpetual Easement for ND Farmer
Alvin Peterson,
the 78 year-old retired North Dakota farmer who has waged a
forty-year battle with the U.S. Fish and Wildlife Service over
easements protecting potholes on his farm, was fined $10,000
and slapped with a five-year probation sentence in federal court
February 24. This is the second time in four years that
Alvin has been found guilty of destroying government property. Peterson
maintains that Fish and Wildlife agents misled his ailing father
into signing the perpetual conservation easements on the farm
that he inherited in 1974. He was convicted of similar
offenses in 2004, a conviction he appealed to District Court
and then to the 8th Circuit Court of Appeals, twice. Each
time, the decision of the Magistrate Court was upheld. He
refused to pay the fines levied in the first case because, he
said, “that would be an admission of guilt.” Alvin’s
lawyer Tami Norgard told the court “he’s of the
view that there is no easement in the first place and he feels
very strongly about that.” In addition to the fine
and probation, Peterson was ordered to pay for the government’s
expenses to restore the wetlands to their previous condition. U.S.
Attorney Cameron Hayden wanted a10-year probation imposed, evidently
to make up for the aggravation factor. Peterson “egregiously
violated” the easement terms for the second time and wants
to end the constant litigation which has caused “a waste
of tremendous court resources.” Norgard said she
and her client are considering an appeal.
CBD
Establishes Climate Law Center
The Center
for Biological Diversity (CBD) has announced the establishment
of “The Climate Law Institute” to litigate against
fossil fuel use and make new state and federal laws to address
the issues the group thinks is crucial to the survival of the
planet. The new institute, appropriately located in San
Francisco, has $17 million in start-up money provided by the
Sandler Foundation, the Richard and Rhoda Goldman Fund, and
several others. “Global warming is the greatest
challenge humanity has ever faced,” said Kieran Suckling,
executive director of CBD. “The planet cannot
afford a single new coal-fired plant,” he continued, “it
can’t even afford existing coal plants.” He
says by working with their partners in government and the environmentalists,
they plan to eliminate coal energy post haste. “Our
lives depend on it,” he states. The institute will
be headed by attorney Kassie Siegel, current director of CBD’s
Climate, Air and Energy division. Siegel is charged with
working to protect biodiversity, oceans, public lands and urban
wildlands. Siegel was responsible for suing to protect
the polar bear from extinction due to “global warming.” She
was also responsible for tightening federal fuel-economy standards,
resulting in higher costs to California drivers. Some
of the goals of the institute include: establish new state and
federal environmental laws and policies to rein in global warming;
prevent construction of new coal-fired plants and phase out
existing ones; and, prevent the creation of oil-shale or tar
sands energy sector and reverse the deadly process of ocean
acidification (whatever that means). “Climate change
is a crisis we don’t need and can’t afford,” said
Climate Law Institute advisory board member Patrick Parenteau,
professor of law at the Vermont Law School.
ND
Wary of Non-Profit Land Use Groups
Clois Hetletved
had his mother’s farm on the market for over a year before
he received an offer to his liking – from Ducks Unlimited
(DU). Proceeds from the sale were to be used to pay for
his 87 year-old mother’s care in a Bismark retirement
home. But before the sale could be finalized, it had to
be approved by the Natural Areas Acquisition Advisory Committee,
an eight-member panel of agriculture and conservation representatives. North
Dakota has fiercely protected private property in the state
for over a century, beginning with anti-corporate farming laws
enacted in the 1930s. Non-profits were originally labeled
corporate entities and were not allowed to own land until the
mid-1980s, when the state legislature voted to allow some of
those groups to buy land. But first, the sale must be
approved by the Advisory Committee. The Hetletved/DU deal
didn’t make the cut. The Advisory Board voted 6-2
against the deal, citing a lack of public benefit. The
Kidder County Commissioners voted 2-1 against it. Governor
Hoeven followed the Committee’s recommendation and denied
DU’s application to purchase on February 12. Brian
Kramer, North Dakota Farm Bureau director explained, “Most
of the time these folks [non-profits] come in and try to say
there’s something new or unique or whatever about this
land purchase…In our minds, they’re just looking
to buy up more land and take it out of production.” Jim
Ringleman, DU’s director of conservation for the Dakotas
and Montana, was disappointed by the decision. However,
he recognizes that DU’s stated intention to establish
a permanent easement on the land through the U.S. Fish and Wildlife
Service was a big factor in the denial. North Dakota is
the only state in the U.S. that prohibits selling perpetual
easements. State law limits easement agreements to no
longer than 99 years. The ND state Senate voted overwhelmingly
last week to uphold that ban.
Arizona
Rancher Not Guilty of Civil Rights Violation
A federal
jury on February 17, concluded that Arizona rancher Roger Barnett
did not violate the civil rights of illegal aliens he caught
trespassing on his property. Sixteen illegal aliens, aided
by the Mexican American Legal Defense and Education Fund (MALDEF),
brought suit against Roger Barnett and his wife and brother
for engaging in a conspiracy to deprive plaintiffs of their
civil rights. The suit stems from a March 7, 2004 incident,
in which Mr. Barnett came across a large group of people who
were hiding in the underbrush. As a precautionary measure,
Barnett held them at gunpoint until he determined they were
not armed. He then called the Border Patrol who arrived
and took them into custody. His property has been a major
thoroughfare for illegal immigrants since 1998. The illegals
have killed his calves, destroyed fences, stolen trucks and
broken into his home. The lawsuit asked for damages of
$32 million; $2 million for each plaintiff. U.S. District
Judge John M. Roll, threw out the “conspiracy” charge
and the jury disposed of false imprisonment and battery charges. They
did, however, award plaintiffs $77,000 in punitive and actual
damages on claims of assault and infliction of emotion distress. One
of the plaintiffs, Gerardo Gonzalez, was a convicted felon who
had been deported in 1993 for possession of a controlled substance
with the intent to sell. David Urias, one of the nine
MALDEF attorneys, said they were disappointed with the verdict, “[B]ut
I think overall this was a victory for the plaintiffs.” David
Hardy, Barnett’s attorney says they plan an appeal. Anyone
wishing to contribute to Mr. Barnett’s Legal Defense Fund
may do so by sending contributions to: Barnett Legal Defense
Fund, 1498 E. Fey Blvd, Sierra Vista, AZ 85635, or call 1-800-722-2303
at Barnett Towing Service for credit card donations.
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