Amici Curiae: Public Lands Council
Wilkie v Frank Robbins Case
by Cat Urbigkit, Pinedale Online!
February 28, 2007
An amici curiae (friend of the court) brief supporting Harvey Frank Robbins was filed by the Public Lands Council, National Cattlemen’s Beef Association, Wyoming Public Lands Coalition, Oregon Cattlemen’s Association and the Nevada Cattlemen’s Association, as representatives of ranchers and cattlemen throughout the United States.
The brief noted: “These groups interact extensively with the federal government, especially in the Western United States, where public and private lands are often intermingled. There are thousands of ranchers who pay for and rely on the use of public lands to sustain their livelihood and their way of life. By the same token, the government relies on the use of private lands to access and manage public lands. As a result, the relationship between ranchers and the government is usually mutually beneficial. On occasion, however, there is a significant danger that the government will take advantage of its overwhelming power to affect the lives and businesses of ranchers and other property owners. Especially in light of what occurred in this case, amici curiae are deeply concerned about the protection of private property rights, and ensuring that adequate safeguards exist to prevent government officials from improperly coercing property owners into relinquishing their rights, or retaliating against individuals who exercise their constitutionally protected property rights.”
Summary of argument, excerpted from brief:
“This case squarely presents the question of whether property rights are as important, and worthy of protection, as other liberties protected by the Bill of Rights. For the sake of property owners, ranchers, and anyone else who desires to exercise the fundamental rights and liberties protected by our Constitution, the answer to this question must be a resounding “yes.”
“Mr. Robbins did what any property owner has the right to do when another seeks to use his property: he sought to negotiate the terms and conditions of that use, and when the terms offered were not satisfactory, he said “no.” Under normal circumstances, that would end the story. But Petitioners in this case, several Bureau of Land Management (“BLM”) officials, did not stop there. Instead, the BLM officials engaged in a pattern of abuse, coercion, and retaliation to obtain rights to Mr. Robbins’ land and to punish him for exercising his basic rights as a property owner.
“The conflict between the BLM officials and Mr. Robbins highlights the importance of property rights and their protection, for those rights are the foundation of our system of government. The Framers of our Constitution believed that personal freedoms would not exist without protecting property rights from improper government interference. As a result, the Constitution protects the entire bundle of property rights created by state law.
“The ability to exclude others, including the government, from one’s property is one of the most fundamental aspects of property rights. Without the right to exclude, the very idea of property becomes little more than an empty promise.
“Recognizing the importance of protecting property rights, the Framers adopted the Fifth Amendment’s Takings Clause as a bulwark against improper government interference. “The Takings Clause protects property rights, including the right to exclude, by conditioning the government’s ability to take private property for public use on providing just compensation. The BLM officials seek to undo this crucial protection by denying relief to property owners whose rights are trampled before an actual taking occurs. They argue that government officials can coerce individuals into giving up their right to demand just compensation, or retaliate against them for exercising their rights, with impunity.
“The danger of coercion or retaliation is especially prevalent for ranchers. Ranchers often must negotiate with the government for the use of public land, and in return they must sometimes bargain away the rights over their own lands. In such circumstances, there is a heightened danger that the government will attempt to evade the limitations on taking private property under the guise of negotiation. Absent protections against improper coercion or retaliation, the right to just compensation, as well as the right to exclude others from one’s property, will be rendered meaningless. Such an outcome would set a dangerous precedent for property rights and other freedoms protected by the Constitution.”
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Main Story: Robbins case: Right to exclude, extortion at issue
Wilkie v Frank Robbins Case: Wyoming rancher refuses to grant BLM a right-of-way across his private land
December 4, 2006:
From ranch to sacred halls: Budd-Falen to argue in nation’s highest court
January 31, 2007:
Right to exclude argued
February 20, 2007:
Brief for the Respondent - Robbins Legal Response (60 pages, 321K PDF)
February 28, 2007:
Robbins case: Campaign of harassment detailed
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Amici Curiae (Friend of the Court):
Others in support of Frank Robbins’ side of this case
Oregon Cattlemen’s Association and Nevada Grazing Board
The Oregon Cattlemen’s Association represents ranching interests in Oregon. It exists to promote environmentally and socially sound industry practices, improve and strengthen the economics of the industry, and protect industry communities. The Nevada N-6 Grazing Board represents the interests of federal and other public lands ranchers in Nevada. The board advocates on their behalf to ensure that livestock grazing remains a viable use of the federal lands.
Oregon Cattlemen (159K PDF)
BRIEF OF THE OREGON CATTLEMEN’S ASSOCIATION AND NEVADA N-6 GRAZING BOARD AS AMICI CURIAE IN SUPPORT OF RESPONDENT
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New Mexico Cattle Growers Association
New Mexico Cattle Growers Association Legal Brief (32 pages, 168K PDF)
BRIEF OF THE NEW MEXICO CATTLE GROWERS’ ASSOCIATION, NEW MEXICO FEDERAL LANDS COUNCIL, NEW MEXICO WOOL GROWERS, INC., GRANT COUNTY CATTLEGROWER’S ASSOCIATION, COALITION ARIZONA/NEW MEXICO COUNTIES FOR ECONOMIC GROWTH AND WYOMING PUBLIC LANDS COALITION AS AMICI CURIAE SUPPORTING RESPONDENT
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Pacific Legal Foundation
An amici curiae (friend of the court) brief supporting Harvey Frank Robbins was filed by the Pacific Legal Foundation, the Washington Farm Bureau and the Wyoming Farm Bureau Federation.
Pacific Legal Foundation (24 pages, 110K PDF)
BRIEF AMICUS CURIAE OF PACIFIC LEGAL FOUNDATION, WASHINGTON FARM BUREAU, AND WYOMING FARM BUREAU FEDERATION IN SUPPORT OF RESPONDENT HARVEY FRANK ROBBINS
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Paragon Foundation
An amici curiae (friend of the court) brief supporting Harvey Frank Robbins was filed by the Paragon Foundation, Inc. a New Mexico non-profit organization created to support and advance the fundamental principles set forth in the Declaration of Independence and Constitution of the United States of America. The Paragon Foundation, Inc. advocates for individual freedom, private property rights, and limited government controlled by the consent of people. The Paragon Foundation, Inc. has several thousand current or former members nationwide.
Legal Brief of the Paragon Foundation Inc. (12 pages, 86K PDF)
BRIEF OF THE PARAGON FOUNDATION, INC. AS AMICUS CURIAE SUPPORT OF RESPONDENT
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Public Lands Council
An amici curiae (friend of the court) brief supporting Harvey Frank Robbins was filed by the Public Lands Council, National Cattlemen’s Beef Association, Wyoming Public Lands Coalition, Oregon Cattlemen’s Association and the Nevada Cattlemen’s Association, as representatives of ranchers and cattlemen throughout the United States.
Legal Brief of the Public Lands Council et al (28 pages, 114K PDF)
BRIEF OF THE PUBLIC LANDS COUNCIL, NATIONAL CATTLEMEN’S BEEF ASSOCIATION, WYOMING PUBLIC LANDS COALITION, OREGON CATTLEMEN’S ASSOCIATION, AND NEVADA CATTLEMEN’S ASSOCIATION AS AMICI CURIAE SUPPORTING RESPONDENT
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