07/11/08 Better late than never

Many times the wheels of justice are slow, but this time it was justice and I think correct. I'm Jeff Keane; I'll be right back to give you details. Wayne Hage passed away two years ago, but he is definitely not forgotten. Mr. Hage and his family waged a court battle for property rights against the U.S. Forest Service starting in 1991. Wayne Hage was successful and proved the Forest Service was wrong using the high-handed techniques to deny Hage's ranch the water it was entitled to. Judge Loren A. Smith of the U.S. Court of Federal Claims has just ruled in favor of Hage again by awarding $4.2 million to his estate. The verdict was based on the Fifth Amendment clause against private property being taken for public use without just compensation. The unconstitutional "taking" occurred when the Forest Service demanded Hage could only maintain his irrigation ditches using hand tools. This made it impossible to deliver water to needed areas on the ranch. Judge Smith ruled Hage proved the Forest Service had used harassment toward him and that the demand only hand tools be used was implemented only because of hostility directed at Hage. Judge Loren Smith also stated the Forest Service will pay back interest in the amount of $4.4 million to Hage's estate. To me this is total justice to partially right the wrong when government personnel inject their own agendas or are misguided by radical environmental groups. I'm Jeff Keane. Western Livestock Reporter 6/18/08