No Constitutional Right Against Retaliation

The Supreme Court will hear a property rights case out of Wyoming that some in my libertarian cohort believe could be worse than Kelo.

…in 1993…[Robbins] bought a ranch in Wyoming, not knowing that the previous owner had agreed to give the Bureau of Land Management an easement over the land. BLM agents, however, had neglected to record the easement, so when the purchase went through, Robbins got the land free and clear.

Realizing their mistake, the agents ordered Robbins to sign over the easement, and when he refused, they grew belligerent. “The federal government doesn’t negotiate,” one official told him. Instead, they promised that Robbins’ refusal would “come to war” and that they would give him a “hardball education.” Then they began a vendetta against him that would last to the present day.

They cancelled his right of way over government-owned land, repeatedly harassed the guests at his ranch, cited him for minor infractions while letting similar violations by his neighbors go unnoticed, and brought him up on criminal charges of interfering with federal agents during their duties. The jury acquitted him after deliberating for less than 30 minutes.

But here’s what really has some folks up in arms:

After enduring years of such treatment, Robbins sued, arguing, among other things, that the BLM agents had violated his Fifth Amendment right to exclude others from his property. The trial court and the U.S. Court of Appeals for the 10th Circuit agreed, but the government asked the Supreme Court to reverse in Wilkie v. Robbins. “No court,” said Solicitor General Paul Clement in his brief, has “ever recognized a constitutional right against retaliation . . . in the context of property rights.”

This will be one to watch.


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4 responses to “No Constitutional Right Against Retaliation”

  1. E M Risse Avatar
    E M Risse

    Mr. Leahy:

    If the facts are as summarized, it is a case of bad agency action.

    As we all found in Kelo, when all the facts are known and the impact spelled out, the case is not nearly a clear cut.

    EMR

  2. Ray Hyde Avatar

    Well then, I suppose that when the government tramples on someone’s property rights, then the government should not be too surprised if they retaliate.

  3. Ray Hyde Avatar

    I don’t think all the facts have been spelled out and the impacts known in the KELO case.

    The city may come out ahead, or not. It is too soon to tell, I think.

    If the city does come out ahead and everybody profits, then it is only right that the previous owners should profit as well. If the city has not taken care to see that they are at least as well off as they were before, then the former residents have been robbed, and their assets have been expropriated unfairly, to the advantage of others.

    Those others have done nothing to enjoy the benefit gained, if it turns out that there is one.

  4. FYI, here is an mp3 of a great ten-minute interview with the author of the LT piece:

    http://tinyurl.com/2tuu72

    hornes.org/mark

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