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originally posted by: links234
a reply to: beezzer
Well...yeah. The round-up was supposed to occur in 2012.
With the pipe bombs found in Nevada during the 1990's and the increasing number of armed militia's promising to show up if the BLM showed up what do you think the feds should've done?
Two years ago, the BLM threatened to send in contractors to remove the animals. But Cliven Bundy made veiled threats of violence.
On November 3, 1998, the Court issued an Order permanently enjoining Bundy from grazing his livestock on the former Bunkerville Allotment (“the Allotment”), and ordering him toremove his livestock from the Allotment by no later than November 30, 1998, and pay damages tothe United States in the amount of $200 per day per head for any remaining livestock on theAllotment after November 30, 1998. Doc. #19. On September 17, 1999, after Bundy failed tocomply with the Court’s first Order, the Court issued a second Order directing Bundy to complywith the 1998 Permanent Injunction and modifying the trespass damages owed to the United States. Doc. #46. Notwithstanding the Court’s Orders, Bundy continues to graze his cattle on theAllotment.
Courts have inherent authority to enforce a permanent injunction where the enjoined partycontinues to engage in conduct that violates the injunction.
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III. Discussion
Here, uncontested evidence demonstrates that Bundy continues to violate the Court’s 1998Permanent Injunction. Bundy himself admits to grazing his cattle on lands both inside and outsidethe Allotment in contravention of the Court’s Orders. Doc. #50, Ex. 4, Oct. 23, 2011 BundyDeposition. In addition to his own admissions, the United States has presented an abundance of evidence documenting Bundy’s continued grazing on the Allotment. Doc. #50, Ex. 2, Ex. 5, Ex. 6,Ex. 7, Ex. 8, Ex. 9, Ex. 13. In light of such flagrant and continuing violations, the Court finds thatit has the authority to undertake whatever measures it deems necessary to ensure Bundy’s futurecompliance with the 1998 Permanent Injunction. Specifically, if Bundy fails to comply with theCourt’s Orders, the Court has the explicit authority to direct that compliance be achieved—atBundy’s expense—by the BLM and/or NPS
TextMoreover, in its 1998 Order, the Court acknowledged that the BLM is explicitly authorizedto impound and dispose of the unauthorized livestock after written notice to Bundy of its intent toimpound. Doc. #19, p. 10 (citing 43 C.F.R. §§ 4150.2, 4150.4, 4150.4-1, 4150.4-2;
Finally, the Court finds that Bundy’s objections to the United States’ Motion, many of which have been disposed of in prior proceedings, are without merit. The Court has stated
IT IS THEREFORE ORDERED that the United States’ Motion to Enforce Injunction (Doc.#50) is hereby GRANTED. IT IS FURTHER ORDERED that Bundy is permanently enjoined from trespassing on theformer Bunkerville Allotment.IT IS FURTHER ORDERED that the United States is entitled to protect the former Bunkerville Allotment against this trespass, and all future trespasses by Bundy.IT IS FURTHER ORDERED that Bundy shall remove his livestock from the former Bunkerville Allotment within 45 days of the date hereof, and that the United States is entitled toseize and remove to impound any of Bundy’s cattle that remain in trespass after 45 days of the datehereof.IT IS FURTHER ORDERED that the United States is entitled to seize and remove toimpound any of Bundy’s cattle for any future trespasses, provided the United States has compliedwith the notice provisions under the governing regulations of the United States Department of theInterior.
originally posted by: Nephalim
a reply to: links234
Not to get into the middle or take sides but I have to ask a few questions of the informed.
Just curious because I do not know much about what's going on. Has the Federal Government purchased a solar power plant to place in said territory?
Second, has the Federal Government granted lease of public lands or "territories" to mentioned energy companies?
www.law.cornell.edu...
The Fifth Amendment of the U.S. Constitution provides, "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."
originally posted by: Danbones
bundy says if he owes the money he WILL PAY the money to the APPROPRIATE AUTHORITY WHICH IS THE STATE...
not to somemone who has usurped authority, which is what the feds have done
originally posted by: daskakik
originally posted by: Danbones
bundy says if he owes the money he WILL PAY the money to the APPROPRIATE AUTHORITY WHICH IS THE STATE...
not to somemone who has usurped authority, which is what the feds have done
They don't want the money. They want him to stop using the land.
That is obvious because they gave him back his cattle. It wasn't about taking the cattle in payment.