Rancher presses suit against federal government

Friday, Oct. 2, 1998 | 12:08 p.m.

Hage told U.S. Claims Court Judge Loren Allen Smith on Thursday that he had to sell part of his ranch because of the cost of the protracted litigation. The government has sought dismissal of the lawsuit since it was filed in September 1991.

The trial is expected to last two weeks, although Judge Smith may not make his decision before early next year. Before the trial, Hage estimated his legal expenses so far have been $1.2 million to $1.5 million.

"It's a simple land adjudication case," cracked Hage, author of "Storm Over Rangelands," a book published in 1989 in which he argues ranchers have private property interests in the public lands.

In a case that challenges the federal government's authority to manage public lands, Hage, 61, maintains that old state and federal laws dating back to 1866 gave ranchers control over lands in the West long before the national forests were created and federal grazing laws were passed.

Philosophical leader of the Sagebrush Rebellion, Hage sued the U.S. Forest Service in 1991 after rangers confiscated and sold 108 head of his cattle. He had been charged with repeated grazing law violations when his cattle were confiscated.

At the time, Hage operated the 759,000-acre Pine Creek ranch in Nye County. All but 7,000 acres were lands managed by the Forest Service and the Bureau of Land Management. Hage held grazing allotments on the public lands.

In the lawsuit, Hage charges the Forest Service had repeatedly harassed him for more than decade, starting in 1978 when he rejected the agency's offer to buy his ranch for half of what he paid for it. He said "relentless attacks" by the agency forced him to sell 2,000 head of cattle and left him without a livelihood.

He also maintained that he was targeted by the Forest Service after he wrote his book critical of federal grazing practices.

Hage wants $4.4 million for taking his ranch, $2 million for cattle losses, $12 million for water rights and $10 million in damages.