Does Cliven Bundy Have Something Called “Prescriptive Rights” (Ben Swann)Submitted by Repo Our Republic on Wed, 04/16/2014 - 12:28
By Ben Swann.
In this ongoing story surrounding cattle rancher Cliven Bundy, there are a series of questions media has ignored. For instance, in the 20 years Bundy hasn’t been paying his fees, why hasn’t he been taken to court? Why this year, spend nearly $1,000,000 of taxpayer money to round up 400 cattle that ultimately have to be returned? Why didn’t the BLM just place a lien on the cattle rather than attempting to take them by force and then auction them off? The Bureau of Land Management has suffered a huge black eye this week because of their response to the Bundy situation. Perhaps though, there is a reason the BLM chose force over the courts.
Among the questions Devlin asked of the BLM, “Is it possible that this guy (Cliven Bundy) has prescriptive rights?” The response from top officials at the BLM, “We are worried that he might and he might use that defense.”
So what exactly are prescriptive rights? Prescriptive right to property is an easement that gives some one the right to use land owned by someone else for a particular purpose. An example is using a path through Party A’s land to get to your land, a prescriptive easement is allowed which gives the user the right to get to his land through A’s property.
In most states, if a trespass or use of land occurs regularly for at least 5 years without the “owner” of the land taking legal action, prescriptive rights come into play. Because Bundy stopped paying his grazing fees to the BLM in 1993 but continued to use the land for over 20 years, it is possible he now has prescriptive rights to the land. That might explain why the BLM has not taken this issue to court and never bothered to file a lien against the cattle.
I have sifted through and found the actual nevada laws..
NRS 11.070 No cause of action effectual unless party or predecessor seized or possessed within 5 years. No cause of action or defense to an action, founded upon the title to real property, or to rents or to services out of the same, shall be effectual, unless it appears that the person prosecuting the action or making the defense, or under whose title the action is prosecuted or the defense is made, or the ancestor, predecessor, or grantor of such person, was seized or possessed of the premises in question within 5 years before the committing of the act in respect to which said action is prosecuted or defense made.
[1911 CPA § 10; RL § 4952; NCL § 8509]
NRS 11.080 Seisin within 5 years; when necessary in action for real property. No action for the recovery of real property, or for the recovery of the possession thereof other than mining claims, shall be maintained, unless it appears that the plaintiff, his ancestor, predecessor, or grantor was seized or possessed of the premises in question, within 5 years before the commencement thereof.
[1911 CPA § 11; RL § 4953; NCL § 8510]