Does Cliven Bundy Have Something Called “Prescriptive Rights”

Well this was an interesting read. Since in the last few days the lying sack of feces Harry Reid the worst leader to ever don the title of United States senator, there may be another reason this gestapo tactic of Reid pursues. Our nation is in a free fall of divisiveness all from the failed lying leadership of Obama and Reid, we will see how this plays out, and hopefully peacefully.

http://benswann.com/exclusive-does-...-why-the-blm-may-be-afraid-of-going-to-court/

In an exclusive interview with Benswann.com, Montana cattle rancher Todd Devlin says the BLM is now considering new ways of dealing with the Cliven Bundy situation. Devlin, is not just Montana cattle rancher but is also a County Commissioner in Prairie County Montana and he has worked with the Department of Interior, having taught workshops for the agency in the past. Monday, Devlin reached out to his contacts in the Department of the Interior to find out why the Bureau of Land Management has refused to work with Bundy rather than simply attempting to run over him.

Among the questions Devlin asked of the BLM, “Is it possible that this guy (Cliven Bundy) has prescriptive rights?” The response from top officials at the BLM, “We are worried that he might and he might use that defense.”

 

Holy crud! I hadn't even thought of that! Among other legal aspects it pertains to, ". . . real property acquired by continued use without permission of the owner for a period provided by state law . . . "

Oh my!

 

My family actually went through this. We had a piece of property that wasn't being used, and we allowed the public to use it as a cut off to the main street in our town. Luckily, my father learned about this, and closed it off before it could have been taken.

I want to see this gestapo divisive nightmare to stop before anyone is actually killed thanks to Harry Reid, who is the most failed lying leader to ever infect this nation. Harry Reid is a cancer on our society

 

It is so great to wake up on a Saturday morning come here with my coffee and read yet another conspiracy theory from the right with unidentified sources from a rightwing rag.

 

That and something that doesn't apply. In this case it is the reverse of the suggestion. The claim is Bundy has the right to the land due to his long time use of it. Even should he win that, then he owes property taxes on it.

It seems RWers what something for free.

 

/thread

everything else by the ring wingers on here is smoke and mirrors.
he hasn't paid his taxes yet uses the roads and public services like everyone else.

 

Seems quite a few people choose to ignore the obvious property dispute that is at the heart of this issue and one that Bundy is clearly on the wrong side of.

If I own land and you're renting it to me, unless we have a contract that we've both agreed to that limits my reasons for ceasing to allow use of it, I can disallow it on whim if I choose. It shouldn't matter how long the other person has used it because the property still does not belong to them. Add to that the fact that Bundy has refused to even hold up his end by paying the fees. This is no different than renting a house from someone and not paying your rent, and then refusing to leave said house because you don't recognize the owner of the house as being the owner of the house just because you said so. The government does not need Bundy to recognize they own the land in order for them to own the land.

The land in question here does not belong to Bundy. That's not even in dispute. So in my mind, that's the end of the issue right there. The land is not his and he wants to use it for free. It doesn't even matter why the government doesn't want him to. You can criticize the BLM and Harry Reid and you may have valid cases there, but none of it actually changes the property dispute because even if the BLM wants to use that land as a mitigation site for the planned solar farm, the land belongs to the government and it's their right to do so just like it would be my right to do so if the land belonged to me.

 

If the BLM sent him a bill, or sent him a letter telling him to remove his cattle or face a fine, that voids any prescriptive rights, because the BLM is attempting to enforce it's ownership , and the fines start adding up.
If they just left him alone without any contact for whatever the number of years required is, he might have prescriptive rights.

 

What's wrong? Are you afraid there might actually be another way of dealing with the Cliven Bundy issue without using Gestapo tactics employed by BLM goons?
Boy! You must be upset. You anti civil libertarian chicken hawks are a riot.

 

Perspective Rights is a valid legal vehicle for obtaining property rights. But should it even apply here, then they are going to have to pay property taxes. But even so, the property taxes should be far less than his current bill.

 

A prescriptive easement normally does not require payment of taxes. Someone claiming a prescriptive easement must show payment of taxes only in the rare instance that the easement has been separately assessed. (The party contesting the prescriptive easement bears the burden on that issue.)

 

Let me clarify for the hundredth time Bundy does not "want" to use the land for free and paid grazing fees for years to the state of Nevada
before the BLM muscled it's way into the situation. He will not pay money to the BLM, who has run off all the other ranchers in the area all around Bundy.

Now you may find Bundy's stance absurd or wrong but to claim his only interest is in free loading is just so much bull crap and counter to the facts (not that that matters to the hang Bundy crowd).

 

Fair enough, this could turn into a long legal battle too. That could also be an issue. The sheriff must be allowed to serve a summons. It is time for Bundy to show up in court at least.

 

Oddly enough Bundy has been pleading almost daily for the sheriff to show up even though the sheriff and Reid are intertwined.
Oddly the county sheriff cannot be bothered with such trivial details. Go figure.

 

WOW, READ MAN! It is all right there. It is an interesting theory, at least to those who don't worship the dictator in chief and his minions.

 

Bundy has litigated the matter twice before and acted as his own lawyer.

 

Legally I suspect that little signed contract of understanding and payment and collection efforts followed by court orders would seem to rule out that as a catch 22.

 

Okay, so if I'm paying rent to someone who owns the land I live on, but then I decide I don't want to pay that person, I'm going to pay some other person of my choosing, that's okay? There's nothing stopping him from paying the rightful people except his own personal choice so how is that not a situation where he doesn't want to pay? He CAN pay, he is just choosing not to.

He's trying to pay the wrong person and he's not even paying them. He's not paying anybody. He's using the land for free and wants to continue to do so because he has not paid rent to ANYONE for that land.

He may have disputes with the BLM over what they're doing but that doesn't give him the right to decide who he'll pay just because he doesn't want to pay the people actually in charge of the land. That's absolutely ridiculous. And again, if this was a private property dispute, none of you would be defending him. You're here because it's the government and that's it.

 

he will of course refuse to pay back property taxes.

 

That is BS, try another conspiracy.

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And he lost.

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That is the mind set with these people. They think they are entitled to anything around them and owe nothing to everything else.

 

That is where you are DEAD WRONG! If this was a private dispute and the landlord who didn't get paid gathered up his buddies and set them up as snipers around the Bundy's property and yelled through a bull horn, pay up or we will shoot, we would all be outraged. EVEN YOU!!!

 

I did read and yes it is the latest conspiracy theory!! Sorry even you used theory in your replay. I am just laughing at the utter stupidity of that theory and how people jump on the band.

 

No unlike some people here who lap up every conspiracy theory to justify their whacked out views. I am actually laughing very hard at the people who do this it is a joke of the highest order.

 

BS my ass. If you really desire I could spend my time going back through VIDEO footage to where on at least two separate occasions Cliven Bundy was recorded asking for the Clark County sheriff to please show up at the ranch.
Bundy does not recognize federal authority over those lands. He considers Clark County sheriff to have all authority over Clark County.

He may be right.
http://www.politicalforum.com/showthread.php?t=351934

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BS my ass. If you really desire I could spend my time going back through VIDEO footage to where on at least two separate occasions Cliven Bundy was recorded asking for the Clark County sheriff to please show up at the ranch.
Bundy does not recognize federal authority over those lands. He considers Clark County sheriff to have all authority over Clark County.

He may be right.
http://www.politicalforum.com/showthread.php?t=351934

 

Just because some nitwit refuses to recognize the property rights, doesn't invalidate them for everyone else.