Pending this video’s reinstatement on another platform, I’m using this classic Tom Jobim music as filler, avoid web-crawling problems…
I have never claimed to be an authority on this complex topic of “Public Lands,” especially having lived most of my life in New York City, which happens to be located the heavily-forested and largely verdant State of New York, of which a vast percentage of its territory is designated parkland, containing 22 of the United States’ 59 National Parks. In addition, New York has 1,416 State Parks, by far the most of any State and which, on a per-acre basis, serve far more people than the entire US National Park System. In fact, New York’s Adirondack Park is the largest State Park in the United States; larger than the Yellowstone, Yosemite, Grand Canyon, Glacier and Olympic National Parks *combined*.
Having lived through the ravages of the Industrial Revolution perhaps more than any other State, 20% of New York’s territory is environmentally-protected. However, such areas are variously public or private, open or closed to public use – yet, they’re permanently protected from development – or else subject to future changes in management.
New York is on another planet from the desert lands of Nevada. It seemed to me that the claims by the BLM that the Bundy cattle were harming the endangered local desert tortoises, could very well be incorrect, as I’d imagine the profusion of cattle droppings might represent a boon to the tortoises.
Blindered by my own East Coast experience and general ignorance about land use rights in the largely unpopulated, desert lands of the West, I found the above InfoWars video to be very persuasive – however, having been assailed by an unexpected amount of feedback on this video, I can make an informed statement that this is a surprisingly polarizing issue, with heated arguments presented to me from every angle imaginable. But amidst this hurricane of feedback, I did receive a well-informed and balanced response to this post, unlike the many strident and inflamed statements, which I was quite surprised to find hurled at me:
“Re: Your Statement that States Own and Have Jurisdiction of the Land:
“I do appreciate your videos very much and watch most of them. I am an architect in Washington State and have a good handle on the Bundy matter. One of my best friends, another “law and code researcher,” like myself, knows two of the people that went down to the ranch, one of them a State Legislator from Washington State.
“This weekend, I do plan to write that legislator and share my information with him.
“I do agree with almost everything on the video; however the commentator, apparently has never read the “Ordinance of 1787”. This was written just 6 weeks prior to the Constitution of 1787.
“The “Northwest Ordinance”, as it is called, is the template, used to form States from the Territories owned by the USA. This particular document concerned the Northwest Territory, that included 6 of the future Midwestern States. Please remember, that King George III, after the Revolutionary War, granted all that land to The United State of America. The King had [previously] had proprietary jurisdiction [over the modern-day US as] when the Royal Family owned [it, as] their “private” land.
“As the westward expansion continued, all the Territories were totally owned by the USA with the exception of Texas and the few existing land-grant hacienda patents, issued by Mexico within 8 of the future western states.
“Under the “Enabling Acts,” States were ceded small portions of land ownership, that they were allowed to use for governmental, school, prison, etc. uses or to sell for income. The amount of land ceded was small, as I said, about 500,000 acres (that is a square about 27 miles on a side approximately, but not in one huge chunk – distributed among the townships) in each Western State.
“The rest of the land was retained or sold old off to the railroads, industry and people who were granted “Land Patents.” If you look at a land patent, it says the United States of America grants the “such & such” described land to the new owner and assigns and heirs, to “Have and to Hold Forever” and it is signed and sealed by the then-current President.
“There were no reservations on the land, for any jurisdiction by the Government, and only in the later-issued patents were there “Reservations,” regarding ditching, mineral rights, water rights, etc. as easements upon the land.
“The original 13 States owned all of their own land and they sold off certain portions to the USA. That is why states like Connecticut have 0.4 % Federal-owned land – but, as we move westward, a third or a half of those land areas [in Western] states are still “Appropriated Public Land” owned by the USA, under “Proprietary Jurisdiction”.
“Grazing, lumbering, mining, etc. does occur on these “Unappropriated Public Lands” and the leases are with the United States, the corporation formed through the Northwest Ordinance and the 1787 constitution. The United States of America(USA) is not the United States (US).
“If you read the Articles of Confederation (1777), just a year after the Declaration of Independence (1776), you will find The United States of America and by the way, these 4 documents I mentioned, 1) Declaration, 2) Articles, 3) NW Ordinance, 4) Constitution are all in place, never repealed. In United States Code Title 1, at the very beginning, it lists all “Organic Documents” (as they call them) and provides the full text of each.
“Virtually all jurisdiction is “Proprietary”; if you own it, you have jurisdiction over it. The landlord makes the rules, like it or not.
“There is a “silver lining” to all this. As the commentator said, look to Art 1 Sect. 8 Clause 17 to find the jurisdictional limits of the United States, the administrator for the USA. They are limited to USA-owned land, like DC, their military bases, military depots, post offices, federal prisons, etc. but also the Territorial land, the Unappropriated Land. And of course the Indian “Reservations.”
“So, Nevada, or I should say the “State of Nevada,” although it has external borders, the land it owns is minimal…after you deduct the 80% owned by the USA (administered by the US’s Bureau of Land Management; BLM) and the land patented to private parties (by the way, probably 95% of Americans live on patent land), they may own 2% of the land – and by the way, those on patented land, should know, under the Articles, they are “free inhabitants,” NOT “US citizens” (unless they choose to be).
“But the Bundy family does have prescriptive rights to the “Unappropriated Public Land” that its cattle graze on and I have not seen their paperwork, but being there for about 130 years, they have a great case to keep using it. This may be a case similar to “Adverse Possession.” But as I understand, about 20 years ago, Cliven Bundy decided to stop making lease payments to the US, the administrator for the USA, and made payments to the County, believing that Clarke County actually owned it, but the County refused his payments, as this land was not County Land. Bundy then used the money to build roads and make improvements to the land.
“Using helicopters and snipers, tasers, killing cattle, trucking them way, etc. was uncalled for. If a another private party landlord did that to his tenant, that would be very illegal. The US has no more right to employ these types of actions than any private party would. And obviously, Bundy has been able to stave off court orders in the past…so well see what happens.”
April 17, 2014
I have been holding back from reporting on this story, not sure where it would go – until I ran into this spot-on report by InfoWars – sans Mr. Jones.
The Bundy family, has been long scraping-out a living, as law-abiding cattle ranchers, in the harsh Nevada desert. They have recently been met with a siege by the Federal Bureau of Land Management, which legally has NO jurisdiction in these State owned lands.
The BLM did not expect over 5,000 freedom-loving, armed Americans, from States across the USA to defend the Bundys against the unlawful intimidation of the BLM.
Regardless of the BLM’s recent stand-down, the vilification of the Bundy family remains apace, in the Criminal Mainstream Media, who’ve been trying to paint Bundy as a law breaker, tax evader and to label him as part of the Sovereign Citizen Movement” (a topic Bundy knew nothing about; Bundy was merely following Nevada State Law).
“Sovereignty” is a hot-button label that effectively puts a bounty on his head as a “terrorist”, as far as Federal law enforcement and their newly-Federally-deputized local flunkies are concerned.
It’s one of those buzzwords that’ll get you assassinated by your tax-paid “officer-friendlies,” without due process, per the latest NDAA, signed into law by our Great Leader.
What are the legal issues here? How do we get control of bureaucracies like the BLM, OHSA, and others that can put anyone out of business – or entire businesses out of of business – with their regulations, while willing to use lethal force and ZERO due process, against those who don’t follow their illegal and Unconstitutional orders?
Don’t miss this most excellent report about the Bundy ranching family’s stand-off with the BLM’s goon squad of the utterly bogus and Unconstitutional Bureau of Land Management.