Feds arrest rancher in land dispute

A rancher who is fighting for his right to continue grazing cattle on disputed land in New Mexico was arrested yesterday evening by Forest Service law-enforcement officers, according to a criminal complaint filed in U.S. District Court today.

Kit Laney's 147,000-acre Diamond Bar Ranch was closed by the Forest Service on Feb. 29 to prepare for the removal of nearly 400 head of cattle in compliance with a federal court order. Forest Service contractors had rounded up and corralled about a hundred head by Sunday.

Reports reached Laney that the cattle were being mistreated, that calves were being separated from their mothers.

"He simply wanted to check on his cattle, " a neighbor told WorldNetDaily.

At about 7:25 p.m. last night, Laney approached a temporary enclosure to the Beaverhead Work Center where officers Christopher Boehm and DeWayne Ross were among the Forest Service personnel working Laney's cattle. Patrol Capt. Mike Reamer recognized Laney and greeted him at a distance of about 40 feet, according to the complaint.

At about 25 feet from Reamer, Laney is said to have "spurred his horse to a fast gallop, charged Officers Reamer, Ross and Boehm," while yelling profanities. Laney's horse struck Boehm on the left arm and knocked him into a cattle guard.

Laney then guided his horse to the side of the temporary cattle enclosure and tried to remove the fencing. He "struck contractor Isaiah Baker with the leather reins," the complaint says.

Laney was advised to stop and told that if he did not stop, he would be arrested. Laney dismounted and continued to try to pull down the enclosure. Laney scuffled with Reamer and Boehm while continuing to try to pull down the fence.

The rancher was subdued with a one to two-second spray of mace and was handcuffed and removed to the Dona Ana detention facility in Las Cruces, N.M.

Catron County Sheriff Cliff Snyder said he knew nothing of the arrest until Monday morning, when he was told that Laney had been charged with "four or five counts," including assault, resisting arrest and trying to release cattle.

U.S. Attorney John Crews saidone count of assault and one count of resisting a court order would be filed.

This action is only the latest episode in a ten-year legal battle between the Laneys and the Forest Service. The Laneys contend they own the water and grazing rights on the land where their cattle graze and have recorded an exhaustive, uncontested "chain of title" with the recorder of deeds. The Forest Service says Laney is following an "obscure" legal theory, that the land belongs to the federal government and that the Laneys have no right to use the land without a permit, which the Forest Service has refused to renew.

Tensions mounted last week as the Forest Service moved in 14 law-enforcement officers, armed with semi-automatic rifles, shotguns and sidearms, and about a dozen other personnel to confiscate the cattle that four members of the Laney family have tended for years.

Laney's first encounter with the law-enforcement officers came shortly after the closure when, after returning from a public meeting, he was issued a citation for traveling on a public road through federal land without a permit.

While leading horses along the same road, from one work center to another, Dale Laney and his 14-year old son, Albert, were approached by law-enforcement officers and ordered to display a permit. They had no permit and continued to lead their horses when the officers were joined by two more enforcement vehicles, with lights flashing and sirens wailing.

In a letter to the Forest Service, Sheriff Snyder said that he, and the public at large, are "beginning to believe that the law-enforcement officers' only reason for being in the area is for the purpose of harassing the Laneys."

The Laneys have announced repeatedly that they would not interfere with the confiscation process, but that they would document the activity and file charges in state court against the Forest Service contractor and Forest Service employees for any violations of state law.

Reamer confirmed last week there had been no interference from the Laneys or anyone else. Circumstances changed yesterday evening.

Laney could not be reached for his version of events – by reporters or his family. He will be arraigned tomorrow at 1:30 p.m. before Judge Molzen in the federal building in Las Cruces.

Previous stories:

Feds confiscate rancher's cattle

Feds seize family's ranch

Henry Lamb is the executive vice president of the Environmental Conservation Organization and chairman of Sovereignty International.