Sunday, January 3, 2016

EQUAL STANDING BILL










Equal Standing Bill 

Equal Protection from Personal Attack (Malicious Deprivation of Constitutional Rights) Act by Federal Employee 
Please Note: This can be modified to incorporate any existing constitutional rights protection law, and re-adapted to any domestic resource industry. 
Whereas the Legislature finds that the Livestock Sector of the Agriculture Industry of the State is a critical and significant portion of the Agriculture Industry of the State and necessary for the continued health, prosperity and well-being of the people of the State, and,
Whereas a significant number of Livestock within the State spend a significant part of their lives on Federal Range lands, and,
Whereas the US Supreme Court has held that Stockwater Rights, Range Rights, Right-of-Ways, and Improvements, appurtenant to or associated with Range Allotments are Property Rights worthy of protection under the Fifth Amendment of the US Constitution, and,
Whereas Federal Employees are required by the Fifth Amendment and Executive Order 12630 to consider the Takings Implications of their decisions and actions on the Property Rights of Deeded Private Property Owner, or Range Allotment Owners before taking those actions, 
Therefore, be it resolved that whenever any Federal Employee acting under Color of Law, takes any action harmful to any Deeded Private Property Owner,  or Range Allotment Owner on Federal Land in the State,  that deprives that Owner of any property rights without first giving due consideration to those rights by: 
1) accessing property with permission,
2) conducting a thorough Takings Implication Assessment, 
3) giving the Owner due process, and 
4) paying just compensation as required by law, 
that Federal Employee shall be deemed to be in violation of the Constitutional Rights of the Deeded Private Property Owner, or Allotment Owner on Federal Land and acting outside the scope of any federally delegated authority, and therefore, outside the protection of any federal immunity from prosecution and therefore guilty of the crime of Malicious Deprivation of Constitutional Rights and shall be subject to both civil and criminal punishment under the Laws of the State.  The violation of this Law shall be punishable as a Felony carrying a fine of up to $500,000 dollars and 5 years in prison for each separate offense.
______________________________________________________________________________ 
    

Please Note

 
While this particular draft of the Equal Standing bill addresses the "Livestock Sector of the Agriculture Industry," all Domestic Resource Providers (Gas, Oil, Coal, Fishing, Timber etc.) need to tell their story. Their stories will illuminate the necessity of Equal Standing!
Because the Equal Standing bill  "...can be modified to incorporate any existing constitutional rights protection law; and re-adapted to any domestic resource industry:"
If your General Assembly has a Natural Resources and Energy Committee, you could include every aspect of that as defined under said committee.
__________________________________________________________________
 
This story is one example of federal overreach. What's yours?
 
BLM and Feral Horses Testimony on the Equal Standing Bill
Chuck Sylvester
By Spring of 2015, the DOI owed me $839,454.00 for feral horse board and room. 
How's that?
Grazing Allotment Owners own Property on Federal Land in the way of Equitable Title to the Forage, Improvements, Water Easements and Beneficial use of Water. Allotment Owners are hit with a financial loss (in income and property value) with each AUM (Animal Unit Month) BLM takes below Allotment Owner’s highest Historic number.
On average, the Bureau of Land Management (BLM) pays “Off Federal Land Feral horse board and room providers” $1.50 per feral horse per day. Therefore, $1.50 is the amount I use to calculate what DOI owes me. 
Dividing up the total number of feral horses the Granite Mountain Open Allotment shareholders are subjected to, I estimate I  provide board and room for 79 horses.
“Taking 79 head X’s $1.50 =’s $118.50 per day X’s 365 days =’s $43,225.25 per year X’s 20 years =’s $865,050.00,” Less $25,596.00 I would have paid on BLM fees =’s $839,454.00. 5% interest on the unpaid balance of $543, 204.00 =’s $4,080.82. $839,454.00 + $4,080.82 =’s $843,534.82” that the U.S. government owes Charles W. Sylvester.
 

No comments: