Submitted by: Donald Hank
The Constitution spells out the uses of land for which they
can be acquired by the Feds. This land does not qualify. The transfer was also
not approved by the state legislature. Of course, it is argued that the feds
purchased the land and it was therefore theirs. However, it was already
homesteaded by Nevadans before the Feds moved in, and originally, the rights of
these homesteaders and cowboys were recognized, as Bundys ancestors were treated
with respect and given the grazing rights. These rights must be grandfathered in
because the Feds had no compelling interest in claiming
the land at any time during the 140 odd years the Bundys were using the land,
and therein lies a major legal hurdle for the Feds.
Compelling interest is always the key issue in such
cases at law.
