Cattlemen's Capitol Concerns: Court of Federal Claims issues mixed result, but awards significant compensation in property rights case:

TSCRA Daily News Update, June 20, 2008

Court of Federal Claims issues mixed result, but awards significant compensation in property rights case:

Wayne Hage, who was a public lands rancher on the Humboldt-Toiyabe National Forest, first filed a complaint in 1991 alleging the U.S. Forest Service management of the forest resulted in a taking of his property rights in the grazing permit, the forage, ditches, and water.

The resulting case - Hage vs. U.S. – raised a number of significant property rights issues involving the use of federal lands. A decision issued June 6 by the Court of Federal Claims is the fifth and final decision the trial-level court will issue in this case.

It is unknown at this time whether the government will appeal any portion of the decision.

The plaintiff owned water and ditch rights on National Forest System lands, the use of which was blocked by Forest Service actions. As a result, the court found the agency's actions rose to the level of a taking for which it must pay compensation.

The court also ruled that the plaintiff was entitled to recover the cost of certain improvements to the property. However, the court found that the Forest Service owes no compensation for any loss suffered as a result of the termination of the grazing permit.