Washington, D.C. (November 7, 2017) Congressman Steve Pearce has been working with the Goss Family Ranch SGA for over a decade to resolve a water rights battle between the Goss family and the federal government. The Forest Service, following direction from the Federal Wildlife Service (FWS), took away the Goss's right to property they owned, which included a stream that was crucial to the success of their business and ongoing operation. The federal government's overreach in this case not only hindered the Constitutional rights of American citizens, but cut into rural jobs and the local economy in Otero County, NM.
The Goss family filed a lawsuit that ensued for over 20 years. Rep. Pearce's office has worked since 2003 with the Goss family, the Forest Service, and the FWS to ensure that the Gosses were able to access the water to continue running their cattle through the area. The culmination of this work was an agreement facilitated through Rep. Pearce's office last year, which is still currently in place this year.
Previous courts ruled the Forest Service did not have the right to the Goss's property. Rather than upholding the Constitution, the Goss family was forced to fight for their rights in court, putting them in financial peril and hindering the full operation of their ranch. On Friday, November 3, 2017, Chief Judge Braden of the United States Court of Federal Claims issued a decision in the Goss's favor, claiming the Forest Services' actions constituted takings under U.S. law and violated the right to beneficial use of stock water sources under New Mexico law.
The Constitution is meant to protect the small people from an oversized government. In this case, Judge Braden ruled the Federal Services' actions violated the Fifth Amendment's taking clause, which states "private property [shall not] be taken for public use without just compensation."
Rep. Pearce stated, "this decision has been a long time coming. I have been working on this issue since 2004, when Jimmy and Frances Goss were still with us leading the fight for their rights and their ranch. They wore their life out fighting the federal government. Now, I'm pleased to see that justice is served for the Goss family and ranch. As a rural state, we rely on the production and success of small, locally owned businesses. It is a shame that the federal government impeded on the operations of one of the largest ranching and cattle operations in Arizona and New Mexico. Rather than having the freedom to life, liberty, and the pursuit of happiness, the Goss family was tied up for over 20 years in court, paying out-of-pocket to afford the battle. Government employees need to remember that they must act within the law and with complete respect for our individual liberties. I thank the Goss family and entire ranching community for staying in this fight. I'll continue standing up for the Constitution and working to ensure New Mexicans' rights are preserved and upheld."
To read the full opinion by Judge Braden, click here.