This timeline chronicles the chain of events in the controversy surrounding the landmark takings case filed by Wayne and Jean Hage in September 1991.  The timeline lists the events involved in the civil case, Hage v. United States, filed by the Hages against the Forest Service, and the criminal case, United States v. Hage and Seaman, filed by the Forest Service.  The criminal case was eventually appealed and won by Hage and Seaman.  The takings case continues in the U.S. Court of Federal Claims in Washington, D.C.  Issues relating to the criminal case are noted with an asterisk.

April 2 1990: James Overbay Letter

James C. Overbay, Deputy Chief USFS sends letter to Regional Foresters urging support of environmental groups objectives in return for their help supporting larger Forest Service budget.

February 13 1991: David Grider Letter to Hage

Forest Service District Ranger, David Grider, sends letter to Hage canceling livestock grazing on Hage’s Meadow Canyon allotment.

February 22 1991: Grider Letter to Roy Elicker (NWF)

David Grider sends a copy of the February 13, 1991 letter canceling Hage’s livestock grazing permit to Roy Elicker, attorney for the National Wildlife Federation.

March 10 1991: Elicker Speaks at Law Conference

Roy Elicker explains the National Wildlife Federation’s policy on livestock grazing to eliminate the livestock industry on the federal lands.  In this seminar he teaches participants how they can help accomplish this.  Excerpts from this lecture follow:

“What everyone likes is the Big Victory.  You load them cattle trucks for the last time and they go driving off into the sunset and they never come back.

But you can win a lot more victories that that ultimate one, you can win a lot more victories by making him (the rancher) pay for what he does out there and by making it so expensive in his operation and making so many changes for him to continue to run his cattle on the public lands that he goes broke, he can’t do it, he has to come up with other ways to be a rancher.

When you get right down to it, the boots and the hat, boy for them guys, it’s a way of life.

The ultimate picture is of course, the last cattle truck driving off into the sunset, but that’s not how you win.

How you win is one at a time, one at a time, he goes out of business, he dies, you wait him out, and you win.” - Roy Elicker

March 24 1991: Staiger (USFS) Communicates with CIGNA

Waive Staiger, Forest Service employee working under Grider, informs CIGNA (through their subsidiary Doane Western) of action taken by the Forest Service to cancel livestock grazing on Hage’s allotment.

June 1991: Congressmen and Senators Contacted by USFS

The Forest Service brief a list of congressmen and senators as the Forest Service makes plans to confiscate Hage’s cattle.

July 11 1991: 1:19 pm: E-mail message (USFS)

USFS prepares to take Hage cattle.  Margin note to Congressman Vento and Synar, Toiyabe Forest Service and Nevada Congressional Delegation.  This note shows Bruce Vento and Mike Synar are being kept informed of the plans and execution of the livestock confiscation.  At the time, Vento and Synar are sponsors of a bill to be voted on in the Senate that would significantly raise grazing fees on the western livestock industry.

July 11 1991: 2:47 pm: E-mail message (USFS) Plans for Confiscation

This message portrays Hage as one who can only be dealt with by the extreme measures, and begins to set plans accordingly.

July 12 1991: E-mail message (USFS)   RE: Original Plan          

This message shows attention paid by parties involved in confiscation to political and public relations concerns repeating portrayal of Hage as one who must be dealt with by the extreme measures.

July 25 1991: E-mail message (USFS) Revised Plan for July 27

The original date of the July 14th confiscation and press coverage is canceled by the Under-secretary of Agriculture to prevent the influence on the Senate grazing fee vote scheduled for July 17, 1991.  This message explains their revised plan.

July 27 1991: USFS Confiscates Hage Cattle at Gunpoint

Thirty Forest Service riders, some armed with semi-automatic weapons and wearing bullet-proof vests, bar Hage’s employees from trying to comply with Forest Service regulations and gather the cattle in the Meadow Canyon allotment as they had been doing every day since the beginning of the season.  The Forest Service proceeds to confiscate Hage’s cattle.

Sept. 8 1991: USFS Conducts Second Confiscation

The Forest Service conducts their second confiscation of Hage’s cattle.  Total number of cattle taken was 104 head.

Sept. 18 1991: USFS Auctions Hage Cattle

After local sale yards refuse to sell Hage’s cattle because they do not have proper brand inspection, the USFS District Ranger conducts his own sale at the BLM Wild Horse facilities outside Reno, NV.  The District Ranger is asked by a cow buyer for the brand inspection because the local brand inspector had refuses to participate.  The District Ranger claims his signature is proper authorization.  After the cattle are sold, the Forest Service keeps the proceeds and sends Hage a bill for the difference between the sale of the cattle and the cost of confiscation.

Sept 26 1991: Hage v. US Filed

Hage files a takings claim against the Forest Service in the US Court of Federal Claims.  The complaint alleges the United States took Hage’s livestock, grazing rights, and stock water rights on range lands.  It also alleges the taking of irrigation water by preventing the clearing of ditches and rights of way necessary to convey irrigation water to place of beneficial use.

*Oct 16 1991: USFS Attempts to Site for Misdemeanor

USFS attempts to cite woodcutter, Lloyd Seaman, for clearing brush on a ditch right of way owned by Hage.  This dispute was already a part of the takings claim filed by Wayne.

*Dec 22 1991: Motion to Intervene by Environmentalists 

Several environmental groups led by NWF, Natural Resources Defense Council, Sierra Club, and including the State of Nevada, file a motion to intervene in the Hage case on the side of the Federal Government.

*Jan 8 1992: Misdemeanor Charges Dropped by US

Hage shows the Forest Service the ditch right of way in question was an RS 2477 right of way owned by Hage and that the ditch maintenance work he had done was well within the parameters of the law.

*Jan 8 1992: Subpoena to Testify Before Grand Jury

The USFS renew their interest in prosecuting Hage, but this time by having the US Attorney file felony charges against Hage and woodcutter Lloyd Seaman.  Hage is served with a subpoena to testify on January 22, 1992 before the Grand Jury to show proof of his ditch right of way ownership.

*Jan 15 1992: Indictment Issued by Federal Grand Jury

Instead of waiting to hear Hage’s testimony, the US Attorney pushes for an immediate hearing before the Grand Jury.  USFS employees testify there was not a ditch right of way involved and that Hage and Seaman had illegally removed government property.  Hage is not informed prior of the hearing and is not allowed to testify.  Indictment is issued on two felony counts.

*Jan 16 1992: Summons to Appear in US District Court

*Jan 24 1992: Arraignment Las Vegas Federal Magistrate

*April 9 1992: Intervention Status Denied

The Claims Court rules against the environmentalists and the State of Nevada’s motion to intervene.

*June 19 1992: Nevada Legislature Hold Hearings

The Nevada Legislature questions the actions of the Attorney General, Frankie Sue Delpapa, for hiring NWF attorney to represent State of Nevada against its own law in the Hage case.

*Sept 18 1992: Trial in Las Vegas Federal District Court

Wayne Hage and woodcutter Lloyd Seaman are convicted on the two felony counts for clearing Hage’s ditch right of way.

*Sept 21 1992: Environmental Groups Given Amicus Status

The Court allows the environmental groups that previously filed the motion to intervene to participate as a friend of the court.  During this hearing, the interveners which include NWF, argue along with the United States to stop discovery citing collateral estoppel regarding the ditch right of way conviction.  Discovery is temporarily stopped.

*April 19 1993: Rehearing in Las Vegas Federal District Court

Attorneys for Hage argue to reverse the charges in the criminal case.  Motion denied.

*April 20 1993: Sentencing in Las Vegas Federal District Court

Wayne Hage is sentenced with three years probation, a $2500 fine, and two months under house arrest.  Lloyd Seaman is sentenced with 18 months probation.

*April 23 1993: Appeal Filed to Ninth Circuit Court of Appeals

Probation department places Hage under house arrest and takes away his ability to carry firearms until the appeal is granted.

June 20 1993: Oral Arguments on Summary Judgment

Oral arguments on the Government’s Motion for Summary Judgment are made in the US Court of Federal Claims.  United States uses right of way conviction as collateral estoppel.

*Jan 11 1994: Hearing at Ninth Circuit Court of Appeals

Arguments made to reverse the criminal conviction over the ditch rights of way.

*March 4 1994: Reversal by Ninth Circuit Court of Appeals

The Ninth Court overturns the lower court’s criminal conviction.

*April 14 1994: Rehearing Requested by US on Reversal

*June 15 1994: Reversal of Judgment Affirmed

Ninth Circuit upholds the reversal of the conviction by unanimous consent.

Feb 1 1996: Order From Claims Court

United States Court of Federal Claims releases order in favor of the plaintiffs takings claim.  The case will proceed to trial following the resumption of discovery and a preliminary evidentiary hearing in which the plaintiffs will provide documentation that their water rights, rights of way and forage rights predate those claimed by the Forest Service.

February 15 1996: Nevada State Engineer Issues Preliminary Order

A Preliminary Order of Determination in the Monitor Valley Water Adjudication acknowledges Hage’s water right claims opposed by the USFS.

March 8 1996: Claims Court Releases Summary Judgment Opinion

Judge Loren Smith releases his full opinion on the Summary Judgment motion.  The opinion further explains the reasoning behind his previously released order and directs the case to continue to trial on the takings claims filed by Wayne and Jean Hage.

November 8 1996: US Files Motion to Certify March 8, 1996 Ruling for Appeal

January 6 1997: Hearings by State Water Engineer

USFS protests state water engineer’s Preliminary Order of Determination in favor of Hage.

February 3 1997: Court Denies US Motion to Certify March 8 Ruling

March 24, 1997: Hage Files to Amend the Complaint

The BLM licensed Hage’s Ralston Allotment to third parties on the basis that Hage had abandoned his grazing permit.  Hage files a motion to include the BLM as defendants in the case and include the action by the BLM as an additional taking of his property rights.  The complaint adds 4.4 million dollars to the original complaint.

June 13 1997: Court Rules in Favor of Amending Complaint

After oral arguments, the court rules in favor of Hage’s motion to amend the complaint, adding the BLM as defendants to the takings action.

September 15 1998: Nevada Water Engineer Files Determination Order

State of Nevada Water Engineer files the Determination Order in the Monitor Valley Water Adjudication determining Hage is the senior water rights holder of the waters within his grazing allotments in Monitor Valley.

September 18 1998: Nevada Files Motion to Stay Trial

State of Nevada Attorney Generals office files a motion to stay the trial with the US Court of Appeals for the Federal Circuit on the issue of water rights.  They argued that the state, not the Court of Claims, should be making the determination as to who owned the water in Hage v. United States.

September 24 1998: US Court of Appeals Rules Against State’s Motion

October 1 1998: First Phase of Trial Begins

Chief of the US Court of Claims, Judge Loren Smith, begins trial to determine what property rights are owned by the plaintiff.  Trial included six days in a Reno, NV courtroom and ended with a one-day site visit to Pine Creek Ranch on October 9th.

November 5 1998: Court Issues Preliminary Opinion

Court issues a preliminary opinion that agrees with the state engineer Determination Order that Hage is the vested water rights holder in the Monitor Valley water claim.  He also rules that Hage is the owner of ditch rights-of-way with an easement of 50 feet on both sides of the ditches, and that he owns the forage appurtenant to those water rights.

January 15 1999: Hage Files Post Trial Brief

Plaintiffs file a post trial brief that makes final arguments on those issues already decided in the preliminary opinion and asserts that Hage owns all the water, forage and rights-of-way in the grazing allotments, and that he has a surface estate right to the grazing allotments.

June 7 1999: Final Hearing on the First Phase of trial is heard.

January 29 2002:  Final Decision; Findings of Fact is issued

Court rules plaintiffs own vested water rights, 1866 Act ditch rights of way, and access to those rights on their grazing allotments. Takings phase of the trial begins where plaintiffs will argue environmental regulations and other actions caused the taking of plaintiff’s property which is compensable under the Fifth Amendment of the U.S. Constitution.

March 11 2002:  Government files Motion for Clarification

Government filed a motion to clarify the court's Final Decision. They raised seven points they believed were unclear in the court’s decision.

March 22, 2002: Plaintiffs file Takings Brief and a response to the Government's Motion to Clarify

April 29, 2002: Defendant files 4th Summary Judgment Motion

September 3, 2002: Court issues Order on Government's Motion to Clarify.

December 11, 2002: Court indicates in a teleconference status hearing that it would be denying the government's latest Summary Judgment motion and would be issuing a written opinion.

February 5, 2003: Court issues written decision denying Government's fourth Summary Judgment motion. In its conclusion the court states that “the court is not of the opinion that the lack of a grazing permit that prevents access to federal lands can eliminate Plaintiffs’ vested water rights and ditch rights that pre-date the creation of the permit system. The value of these rights, if any, is something to be determined at trial.”

April 11, 2003: Court Sets Trial Date for phase II and III of Hage for May 3-21, 2004.