ISSUES POLICY Government Intrusion at Its Worst
By Leslie Kinsel, TSCRA Legislative and Tax Committee chair, with Laramie Adams, TSCRA director of public affairs
M
Y HUSBAND AND I HAVE RANCHED IN SOUTH TEXAS FOR many years and we have worked hard to care for
our land. This holds true for millions of other ranchers and landowners across the country. Sadly, it seems every time we turn around the fed-
eral government fi nds another way claim the land and resources that constitutionally belong to us. One issue that has raged for years is the U.S. Bureau
of Land Management’s (BLM) claim that it owns 30,000 acres of land along a 116-mile stretch of the Red River on the Texas-Oklahoma border. Texas and Southwest- ern Cattle Raisers Association (TSCRA) has heard from members along the Red River who are worried about the federal government taking control of their land, and TSCRA leaders share their concern. The federal government claims this property has
been under its control since the 1803 Louisiana Pur- chase. Ironically, the federal government has surveyed only about 6,500 acres of the land, and the results are highly questionable. The survey method they used dif- fers greatly from the accepted gradient boundary survey method established by the Supreme Court in the 1920s. TSCRA and affected citizens believe the BLM’s claim
to this property is bogus. Those who live and own ag- ricultural operations on this stretch of land hold the deeds and pay the property taxes. The thought of the government taking away property that many of these citizens have tirelessly worked for and sacrifi ced to own is unfathomable.
One of the many Red River land disputes was recently
resolved, but there is still much work to do in order to put the entire issue to rest. U.S. Rep. Mac Thornberry and Sen. John Cornyn
introduced H.R. 2130/S. 1153, the Red River Private Property Protection Act, to protect private landowners along the Red River from federal ownership claims. It commissions a survey of the entire 116-mile stretch
of contested area along the river using gradient boundary survey methods backed by the Supreme Court to fi nd the proper boundary between Texas and Oklahoma. The federal government must pay for the costs of the survey, conducted by licensed state land surveyors chosen by the Texas General Land Offi ce (TGLO). The legislation provides legal certainty for citizens
holding the deed to their property by allowing them to appeal any further public domain claims by BLM through an administrative law judge. We appreciate Rep. Thornberry and Sen. Cornyn for
listening to the concerns of affected citizens and work- ing with them to craft this legislation. TSCRA supports this bill and urges the House and Senate to act on it to provide the certainty these landowners deserve. This is only one example out of a long list of instances
where the federal government is infringing on private property rights and our way of life. I assure you — TSCRA will continue to watch these matters, keep you informed and listen to your concerns.
112 The Cattleman September 2015
thecattlemanmagazine.com
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