Wayne Hage, harassed by the government and driven from his land, died today June 5, 2006. He fought the good fight for you, and for me.

Thank you for your prayers.

Photo Wayne and Helen Hage, 1999


Property and Water Rights
including eminent domain, Measure 37 Oregon, etc.

Freedom Page

see Bills, Laws, Acts, Lawsuits, Court Decisions and Appeals  



(Klamath) Court Decision May Mean California Owes Billions In Water Rights, Daily Caller by California Water Alliance, posted to KBC 1/30/17. "...Judge Blank Horn’s decision establishes a precedent that the takings of Klamath River water from California and Oregon farmers in 2001 were physical acts, not regulatory ones, making them subject to the Fifth Amendment’s unreasonable seizure clause and encumbering the government with the responsibility to pay owners for their losses when they deprive them of their property..."

Obama Issues Executive Order Allowing Him To Grab Your Land, MR Conservative, posted to KBC 5/3/14.

July 20 & 21: “Rally To Learn, Rally To Win” Property rights rallies planned; Topics will include wolves and ranching during programs in Dorris, Yreka

CDFG Director Chuck Bonham met with Siskiyou County Ranchers, Farmers and Gov't officials, by Corkey Small, Buffalo Broadcasting News Service 1/30/13. "The property owners of Siskiyou County will not tolerate the illegal taking of property or water by CDFG or any other agency of the government..."

Supreme Court sides with private property against the federal government, HotAir, posted to KBC 12/5/12

Feds to cut property rights under Endangered Species Act! PLF blog, posted to KBC 10/27/12.

Mandatory Ranch Management Plan illegal and unconstitutional, letter from Mark Baird, Scott Valley rancher and commercial pilot, 10/22/12

Historic Supreme Court ruling allows the Sacketts to fight EPA takeover of their land, Pacific Legal Foundation, posted to KBC 4/8/12. "The Court ruled in favor of Mike and Chantell Sackett, of Priest Lake, Idaho, who were told by EPA - and by the Ninth Circuit - that they could not get direct court review of EPA's claim that their two-thirds of an acre parcel is "wetlands" and that they must obey a detailed and intrusive EPA "compliance" order, or be hit with fines of up to $75,000 per day."

Supremes: EPA actions 'Outrageous.' Argument comes in dispute over agency threats to Idaho family Sacketts, WND 1/9/12. "..the penalties that the federal agency could apply to the family, if officials chose, would be $75,000 per day. That would be $37,500 per day for violating the Clean Water Act, even though that hasn’t been adjudicated, and another $37,500 daily for violating the mandatory “order.” Given the four years that have passed since the dispute erupted, the total penalties at this point would be in the range somewhere above $110 million."

Western water rights come under new attack, H&N guest commentary by Pacific Legal Foundation, posted to KBC 11/29/10. "Siskiyou County rancher Tom Menne predicts that the public trust crusade could “devastate” his ranch’s profitability, throwing its 25 employees out of work. All three of these threats to water rights — from the Bureau of Reclamation, the State of California, and overzealous environmentalists — are being challenged in court."

PRESS RELEASE (Illegal Property Seizures): Logue Investigation into Department of Consumer Affairs Produces Results, 9/3/10

Fairgrounds overflows with water rights activists, Siskyou Daily, posted to KBC 9/3/10. "More than 500 people filled Winema Hall...to show support for Protect Our Water – Scott Valley’s efforts to combat what its membership believes to be an unconstitutional attempt to control water in the valley, use of which has traditionally been a legally adjudicated right of property owners."
* POW/Protect Our Water website

Wayne and Jean Hage vs US, Final Award to Hage Estates, 8/2/10. "For those of you who have been following the progress of Hage v. U.S., filed
in 1991, attached is the Final Judgment and Order from the U.S. Court of
Federal Claims, the trial court in this matter.  On June 9, 2010, the Court
additionally awarded Plaintiffs interest on the value of their water rights,
with said interest to be, "calculated using United States Treasury STRIPS
Rate of 8.25% per year measured from the date of the taking, September 26, 1991, through July 31, 2010. 

There are now eight published decisions in this case and in all the
Plaintiff's have prevailed against the federal land management agencies.

Warmest Regards,
Ramona Hage Morrison"

Hage saga shows government at worst, Capital Press 12/3/09

Hage estate wins again, Capital Press 11/21/09

California water rights fact sheet, BLM, posted to KBC 10/16/09
When Equity is Unfair—Upholding Long-Standing Principles of California Water Law in City of Barstow v. Mojave Water Agency by Jason M. Miller, posted to KBC 10/16/09

(Klamath Basin land-use) task force met with resistance, H&N, posted to KBC 9/30/08

Hage vs U.S. final decision, posted 6/10/08

Eminent Domain, government stealing family farm, News with Views, posted 6/9/08

(Eminent Domain) - Important issues ahead in California’s primary by Geri Byrne, Modoc County Republican Party chair, H&N 5 28/08. "(Proposition 98 protects our farmlands and our businesses that Proposition 99 does not. Proposition 99 was put on the ballot by the municipalities that want to be able to take our land and use it for economic development. It includes a poison pill that will negate Proposition 98 if Proposition 99 gets more votes. It is important to vote yes on 98 and no on 99."

California Scheming, by the Castle Coalition on imminent domain abuse, March 2008.

Eminent domain abuse described by Annual Meeting speaker, California Farm Bureau AgAlert, posted to KBC 2/17/08

Stuck between Measures 37 and 49, Sandy family dumps money into claim but finds project in limbo, Clackamas County Review, posted to KBC 1/4/08. More on 37 and 49, go HERE.

OREGON - No development yet for the 'property rights' poster girl; new law disturbs face of Measure 37, Oregonian, posted to KBC 12/26/07

Oregon Farm Bureau losing members over Measure 49, H&N 12/17/07 

Million sign petition, Coalition seeks to protect farmland, private property, Pioneer Press, posted to KBC 11/29/07

Oregon's Rep Richardson on Measures 49 and 50, 11/8/07. "The Governor and the Democrats in the Oregon Legislature carefully crafted and funded a measure to repeal Measure 37 and perpetuate Oregon’s locked-up land-use system. They were successful. Congratulations to crafty politicians are in order, and so are condolences for lovers of liberty and fair government practices."

Without Private Property Rights, Other Rights Don’t Mean Much, posted 11/6/07, North Star Writer's Group.

Measure 49: Make sure you read it carefully, George Warner, Klamath Fall for H&N, posted 10/29/07

Comments on Oregon Measures 37 and 49, Capital Press 10/26/07

Measure 49 would take away rights, 10/24/07 Statesman Journal Opinion

Measure 49, the dark politics of deception, Dennis Richardson, Oregon State Representative, posted 10/15/07. (KBC Note: this is an excellent breakdown of what's very wrong with Measure 49.)

City to use eminent domain, H&N, posted to KBC 9/30/07.  

City (Klamath Falls) may use eminent domain, H&N 9/19/07. (KBC Note: Councilmembers, we at KBC are ashamed of you!!! To use the excuse of 5 dead birds/year to take someone's property?)

Nature group backs Measure 49, The Nature Conservancy, which usually avoids politics, has given $360,000 to limit Measure 37, Oregonian, posted 8/23/07. (KBC NOTE: Oregon voters voted for Measure 37, however Oregon democrats and enviro groups are paying to limit property rights.

Signatures roll in for eminent domain initiative, AgAlert, posted 8/16/07

State purchases Chief Joseph’s gravesite Long-disputed: Eastern Oregon land will become a large public park, H&N, posted 8/6/07. (KBC Comment: KBC was invited to share Klamath water and land-grab experiences this spring with the fine farmers from Joseph. On a tour of this property, Steve Krieger showed us his land, how the intended development would not even be in sight of the grave, and showed the buffer that the state previously demanded from him. He was harassed and threatened with condemnation of the land until he was forced to sell. There are no indications of cultural sites. By the way, the state owns the entire other side of the lake as an enormous park; the state wanted it all. The Nez Pierce Tribe did not live in that area.) Go HERE for Chief Joseph's Prayer.

(Oregon) Property law vote likely; Senate: Measure 37 change should be up to the voter, H&N 6/6/07

VIDEO: "In a rare moment of emotion on the Senate Floor, Senator Jackie Winters exposes her “broken heart” over what Democrats have done to the legislative process by turning their back on Oregon voters.  On a strictly party line basis Democrats are fast tracking a bill that guts Measure 37 as approved by voters."  Watch here.
For more on Democrats disregarding voters wishes, go
HERE on Page 3, Land Use Reform Law Gutted.


State lawmakers voice frustration, H&N, posted to KBC 7/23/07. "...Democrats pushed a new ballot measure onto the coming November ballot, Ballot Measure 49, which would eliminate 85 percent of the law as it is now, stripping private property rights."

Property-Rights Showdown, Measure 37, posted to KBC 7/23/07

Eminent domain continues to rear its ugly head, 7/18/07, SF Chronicle

Governor starts property rights campaign, H&N, posted to KBC 7/18/07

Measure 37 is under attack, posted 6/21/07. Measure 37 passed the Oregon voters in 35 counties, in all but Benten County.
The Legislature promised the voters would have the chance to vote on House Bill 3540, House Bill 3569 breaks that promise; go HERE for today's latest information.

A Man Would Lose His Land While Another Would Benefit,
PRISTINE COHO SALMON HABITAT sacrificed for millionaire's golf course
 NY Times June 15, 2007. "The family refuses to sell, so the town plans to use its power of eminent domain to acquire the land...'Its morally offensive for government to take one man’s land to benefit another,' Mr. Cook said."
     Mr. Cook worked as a salmon fisherman, logger and log truck driver, scrambling in a variety of ways to earn enough to support his family. But after 18 years without an accident, the state took his truck license away because he has only one arm after a childhood accident."

     Here for story by Cook and Moore to Klamath Water Users in '06 > Coastal Fishermen meet with Klamath Water Users
What happened to Klamath River salmon?
   HERE for NY Times VIDEO of the millionaire vs/Scott with our tax dollars.

Coastal Fishing advocate Scott Cook will lose land to wealthy developer, river will lose salmon.   
   Last year Cook came to Klamath Basin to find solutions with farmers: KBC Note & photo

Land-use law fix headed to voters, posted to KBC 6/10/07. "Whitsett and Garrard said the bill overrides Oregonian voters, who approved Measure 37 several years ago."

PRESS RELEASE: House democrats finish Measure 37 repeal, adopt secret amendments; HB 3540 reverses will of Oregon voters, strips rights from property owners, Oregon House of Representatives 6/6/07.

(Oregon) Property law vote likely; Senate: Measure 37 change should be up to the voter, H&N 6/6/07

Alaska says 'NO' to U.N. designations, Ecologic Powerhouse, 5/23/07

(California) Eminent domain plan aired, Legislator seeks to limit governmental powers to seize homes; foes call it window dressing, Sacramento Bee 5/22/07

Land-use law fix headed to voters, posted to KBC 6/10/07. "Whitsett and Garard said the bill overrides Oregonian voters, who approved Measure 37 several years ago."

Representative not pleased with Measure 37 ruling, H&N 4/28/07

New land-use plan under review: Measure 37, 4/22/07

Clouds, by Jim Beers posted to KBC 4/7/07. "I don't hunt"; "I think 'they' should outlaw cock fights"; "I don't think 'they' should be 'allowed' to - hunt, trap, wear fur, log, graze, fish, manage wildlife, mine, drill, explore, etc., etc. - either on their own property or 'public' land"; "I don't own a gun nor should anyone else"; "We should get rid of the Electoral College and states' rights so that the Federal government can fulfill all our own fantasies of the way others should live"; "Private property is an outmoded concept"

Lawmakers confront land use, H&N 3/31/07, "Property rights and Measure 37 dominated questions and conversation at a town hall meeting with state Rep. Bill Garrard and state Sen. Doug Whitsett, both R-Klamath Falls, on Friday." “It's not fair to accuse someone of not supporting agriculture because they support property rights,” Whitsett said.

L'Eggo My Lego, TCS Daily, posted to KBC 3/2/07. "Some Seattle school children are being told to be skeptical of private property rights. This lesson is being taught by banning Legos."

   Posted 3/17/07: A BLACK DAY: Klamath Irrigators lost breach of contract lawsuit for 2001 water shutoff. Klamath Irrigation District with Marzulla vs Pacific Coast Federation of Fishermen with Yurok and Klamath Tribes, Sierra Club, NW Environmental Center, Waterwatch, ONRC, Klamath Forest Alliance, Wilderness Society, Institute for Fisheries Resources, Dept of Justice and Earthjustice. 
The ruling was by Judge Francis M. Allegra in the U.S. Court of Federal Claims in Washington, D.C. This was his second against Klamath Irrigation District; last August he ruled the farmers had no property rights to the water and denied their claim for $100 million in damages. 
   Klamath Project irrigators built and paid for the Klamath Project, including storage of the water. Most have water rights on their deeds "appurtenant to the irrigable land," signed by President of the United States. There was up to 30' of water where our farms are now. We rerouted this water, most of which was in a closed basin with no way to reach the Klamath River.
   Yesterday the tribes, PCFFA, environmental groups, Dept of Justice, and one judge, took away this right. They said, "Endangered Species Act is a
sovereign act." The Endangered Species is from United Nations Agenda 21.
   One of the defendants, the Department of Justice, contracted
Dr. Thomas B. Hardy for $550,086 to establish Indian water rights to be an expert witness for (and paid for by) the Bureau of Indian Affairs (BIA) in the Klamath River adjudication process. This "science" was used in the biological opinions to establish artificially elevated, unattainable flows demanded of the Project Irrigators, so in 2001 they shut down the Project and would not allow us to use our stored water. Hardy's  'average' year demand was based on the highest water year in recorded history.
   2001 was also the first time in recorded history that the Klamath Basin, farms and refuges, went dry, decimating 489 species of wildlife. They evidently have no right to water either.

Pacific Legal Foundation Press Release: Russ Brooks, PLF Star Attorney in the Pacific Northwest, Passes Away; An environmental-law expert, Brooks won landmark victories against arbitrary regulations, PLF 2/27/07

‘Unite to Fight’: strategies to protect property rights, posted 2/22/07, Siskiyou Daily News.  "(Byfield) referenced the downfall of the timber industry when “radical elements within the environmental movement got their way. Businesses, small and large, were serious affected. People lost jobs. Now with the dams, if they are taken out — people could lose their homes due to flooding. Their private property would be damaged,” Byfield said.

Ranch property condemned via Internet, Public meeting on eminent domain posted only on state agency’s website, Capital Press, posted 1/13/07. "...you're told, 'We're going to take your property and there's nothing you can do about it.'

An unfortunate family, John and Carmen Wilson, would like to build a home on their property which has been designated POSSIBLE scrub jay habitat. Here is their application and mitigation--$12,190 extortion to build on .23 acres of their own land.
Jennifer and Doug Ross applied for a permit to build on 16.5 acres of their 99-acre property. They must: "Establish (with a conservation easement) and monitor a 38.8-acre preserve for the benefit of the Santa Cruz long-toed salamander and California red-legged frog; hire a Service- approved monitor and biologist; implement a construction worker education program; ensure monitoring of all grading, clearing, and other ground disturbing activities; mark construction area boundaries; construct drift fencing around construction area; control trash accumulation and install covered trash receptacles; install screens on irrigation, electrical, and other equipment to exclude Santa Cruz long- toed salamanders; surround the swimming pool with curbs to exclude Santa Cruz long-toed salamanders; remove nonnative plants; control bullfrogs; construct signs; use best management practices; and implement other minimization measures. The conservation easement would be held by the Center for Natural Lands Management, a non-profit conservation organization located in Fallbrook, California."

VIDEO: Behind the Green Curtain, or http://video.google.com/videoplay?docid=7934453684194357754 . Doug on our Discussion Forum found and shared this video with us. The film unveils the truth behind the ESA, wetlands on private land, and other tools to take private land away from landowners, posted 12/27/06

Senate Fails to Pass Eminent Domain Reform, EcoPowerhouse posted 12/14/06

Eminent Domain: Information about Its Uses and Effect on Property Owners and Communities Is Limited. GAO-07-28, Posted to KBC 12/3/06.

2006 Election Wrap Up: Voters Overwhelmingly Passed Eminent Domain Reform, Institute for Justice 11/12/06

Former congresswoman (Hage) dies in Nevada, 10/2/06

U.S. Court of Federal Claims Hands Down Brace Wetland Decision, Eco-Logic Powerhouse, posted to KBC 9/2/06

Farmers fight for their water on Front Range, Daily Camera 8/20/06

OTHER PLACES: Property Rights Group Slams California Reclamation District, posted to KBC 7/22/06. Imminent domain abuse 

Rapanos VS U.S. 6/19/06 pdf.  Joe Raeder, the Family Farm Alliance’s DC rep, sent the following earlier this a.m.  "A divided Supreme Court ruled this morning that Clean Water Act protection of "waters of the United States" is limited to "permanent, standing or continuously flowing" water. The ruling limits protection for wetlands separated from "navigable waters" or their tributaries. Justice Anthony M. Kennedy cast the swing vote in the 5-4 ruling in the joint case, Rapanos v. United States and Carabell v. U.S. Army Corps of Engineers."
More on Rapanos v US HERE.

Rapanos v. United States: Background, Blog, and Briefs  Pacific Legal Foundation 5/17/06

Taking American's Rights and Land, Nancy Levant, posted to KBC 3/19/06. This is a gentle, basic summary of the UN's role in our loss of rights. "First and foremost, Agenda 21 mandated that there is to be NO ownership of private property – worldwide. The U.N. believes that all land, watershed systems, and natural resources must be owned and administered by “government.” To American people, this is what we consider to be Communism. We believe that ownership of property is directly tied to freedom.....The U.S. is a member of the United Nations, and therefore we were required to implement Agenda 21."

PFUSA Grange announces an upcoming conference focusing on eminent domain abuse and conservation easements, PFUSA posted to KBC 2/23/06

People Take the Initiative to Limit Eminent Domain, posted to KBC 2/23/06

Big stake in wetlands case, Washington Times opinion 2/20/06, regarding Rapanos v U.S.

Following is the conclusion from the report of the Supreme Court’s decision: Oregon Article 37, posted to KBC 2/23/06

OTHER PLACES: U.S. Supreme Court Hears Oral Arguments in PLF's Landmark Case -- Rapanos v. United States,
Pacific Legal Foundation  2/23/06

 OTHER PLACES: Last Everglades Homesteader Relents, Sells, posted to KBC 1/20/06. "The $8.4 billion Everglades project seeks to restore the slow-moving river that once stretched uninterrupted from a chain of lakes near Orlando south to Florida Bay." (Klamath Basin is targeted for Wildlands acquisition...it has already begun. KBC)

TNC and 'kelo' eminent domain other places: Eminent domain battle shaping up at Padre Island , FOLLOWED BY South Texas county may sue to take wildlife preserve, Nature Conservancy vows to fight forced sale of South Padre land, posted to KBC 1/19/06

Eminent domain controversy triggers action, Ag Alert 11/16/05

Oregon Measure 37: Activist judge betrays million voters, stabs property owners, newswithviews.com 11/29/05

Oregon Measure 37: Property rights advocates seek to recall judge, NWV 11/18/05

Management rule announced November 2, 2005 - Off-Highway Vehicle (OHV) Program sent by Julie Smithson, posted to KBC 11/6/05

Pombo is doing something right, Tracy Press 11/18/05

New court ready to tackle property rights issues, AP 10/12/05

PRESS RELEASE: Pombo, Resources Committee Members Vow to Protect Private Property, 10/27/05

KELO: Assemblyman Doug LaMalfa Statement Regarding ACA 22 - The Homeowner & Property Protection Act, 9/1/05

Property rights revolt sweeps nation, Inman News August 26, 2005

Farmers Have Private Property Rights; What Does This Mean? Carol W. LaGrasse President, Property Rights Foundation of America, Landowners Opposed to Confiscation of All Land, October 29, 2001





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