Equal
Standing Act
Equal Protection from Personal Attack (Malicious
Deprivation of Constitutional Rights) Act by Federal Employee
Please Note: This can be
modified to incorporate any existing constitutional rights protection law; and
re-adapted to any domestic resource industry.
Whereas the Legislature
finds that the Livestock Sector of the Agriculture Industry of the State is a
critical and significant portion of the Agriculture Industry of the State and
necessary for the continued health, prosperity and well-being of the people of
the State, and,
Whereas a significant number of Livestock within the State spend a significant part of their lives on Federal Range lands, and,
Whereas the US Supreme Court has held that Stockwater Rights, Range Rights, Right-of-Ways, and Improvements, appurtenant to or associated with Range Allotments are Property Rights protected under the Fifth Amendment of the US Constitution, and,
Whereas Federal Employees are required by the Fifth Amendment and Executive Order 12630 to consider the Takings Implications of their decisions and actions on the Property Rights of Ranch or Range Allotment Owners before taking those actions,
Therefore, be it resolved that whenever any Federal Employee acting under Color of Law, takes any action harmful to any Ranch or Range Allotment Owner in the State that deprives that Owner of any property rights without first giving due consideration to those rights by:
1) accessing property with permission,
2) conducting a thorough Takings Implication Assessment,
3) giving the Owner due process, and
4) paying just compensation as required by law,
that Federal Employee shall be deemed to be in violation of the Constitutional Rights of the Ranch or Allotment Owner and acting outside the scope of any federally delegated authority, and therefore, outside the protection of any federal immunity from prosecution and therefore guilty of the crime of Malicious Deprivation of Constitutional Rights and shall be subject to both civil and criminal punishment under the Laws of the State. The violation of this Law shall be punishable as a Felony carrying a fine of up to $500,000 dollars and 5 years in prison for each separate offense.
Whereas a significant number of Livestock within the State spend a significant part of their lives on Federal Range lands, and,
Whereas the US Supreme Court has held that Stockwater Rights, Range Rights, Right-of-Ways, and Improvements, appurtenant to or associated with Range Allotments are Property Rights protected under the Fifth Amendment of the US Constitution, and,
Whereas Federal Employees are required by the Fifth Amendment and Executive Order 12630 to consider the Takings Implications of their decisions and actions on the Property Rights of Ranch or Range Allotment Owners before taking those actions,
Therefore, be it resolved that whenever any Federal Employee acting under Color of Law, takes any action harmful to any Ranch or Range Allotment Owner in the State that deprives that Owner of any property rights without first giving due consideration to those rights by:
1) accessing property with permission,
2) conducting a thorough Takings Implication Assessment,
3) giving the Owner due process, and
4) paying just compensation as required by law,
that Federal Employee shall be deemed to be in violation of the Constitutional Rights of the Ranch or Allotment Owner and acting outside the scope of any federally delegated authority, and therefore, outside the protection of any federal immunity from prosecution and therefore guilty of the crime of Malicious Deprivation of Constitutional Rights and shall be subject to both civil and criminal punishment under the Laws of the State. The violation of this Law shall be punishable as a Felony carrying a fine of up to $500,000 dollars and 5 years in prison for each separate offense.
