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A Cautionary Tale of Overreach

by Miriam - May 1st, 2017.
Filed under: Agriculture.

I can’t make this stuff up.

Duarte Nursery v Army Corps of Engineers  (note:  link is to an early decision – the case is still pending as of this writing) is a case about the Feds pursuing a farmer for alleged tillage of wetlands.

The farmer’s point of view is (1) I avoided any potential protected areas and (2) I only tilled 4″, not 36″ as alleged by the Corps.

Note:  The Corps did not attempt to verify their own charges until after they pursued enforcement action.

This is a cautionary tale of how “over the top” government can reach into private property and use bully tactics including significant fines to discourage private citizens from asserting their rights.

Don’t take my word for it – read some of the excellent articles and comments:

When A Farmer Punches Back at the Feds – AG Web (most recent article on the case)

Trial Court Ruling in Duarte Nursery v. Army Corps of Engineers Concerning for Landowners – Texas A&M Ag Life Extension

Ruling in Favor of Army Corps is Game Changer for Agriculture – United Ag

A Farmer’s Due Process Rights are Plowed Under by the Feds – Pacific Legal

A Google search of “John Duarte farmer” returns many more responses with varying degrees of information and sources.

Scary, indeed.

 

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