Dear Fellow Producer:
To provide you with an update, Tom and I filed suit with the Iowa Department of Agriculture and Land Stewardship (IDALS) last fall for compensation for the animals at our breed facility. Following complete depopulation of our animals at our hunting preserve at our expense, IDALS dropped the quarantine, we completed clean-up and canceled our hunting preserve license. Upon opening the gates, the Iowa Department of Natural Resources served an Emergency Order requiring that we close the gates and reinstall electric fence around the 330 acre property, along with quarantine orders through December 28, 2017. IDALS requested that their portion of the suit be consolidated and continued with the IDNR suit in November. In their motion to consolidate and continue IDALS report:
As of today, July 23, 2013, the judge ruled to deny IDALS's motion to continue and consolidate, therefore, full merits will be herd for the quarantine of the breed facility animals in August. The IDNR merits for the 330 acre hunting preserve property is scheduled for November.
Again, our hunting preserve property is valued at approximately $1.5 million, and now quarantined until December 28, 2017. Our breed herd of 500+ animals appraised at approximately $1.5 million and costing roughly $3,000 per week to feed and our breed facility land valued at a minimum of $245,000, also quarantined for five years minimum. We have spent more than $160,000 in attorney fees fighting for our property rights and due compensation. Following our 10 year certification for CWD monitoring we dropped out of the CWD program, neither the breed facility nor the hunting preserve were part of the monitoring program nor have we signed any agreement with the State of Iowa or USDA for quarantine and yet we are effected by CWD exposure through the CWD Rule and Standards.
Unfortunately, there are still a number of producers whom simply do not understand the imploding impacts from the CWD Standards for every producer. The Standards are not only impacting our case here in Iowa, they will impact each of you no matter which state you or your herd and property reside. As in our case, common ownership will override any and all justifications for quarantine, regardless if you do or do not participate in the "voluntary" CWD program.
While I understand, we may get $3 million put back into the USDA CWD program, of that $3 million a minimum of $1.1 million will be allocated for salaries and program "activities", and the remaining 1.9 million toward research and compensation. How far is this really going to get Tom and I or the next producer exposed to CWD?
A question we often hear, "What can I do?" Our response: Become a united industry in the movement against government overreach by the policy makers. We ask that you think about what you have invested in your operation(s) and then think about what you are willing to risk if or when your herd or property is exposed to CWD. If these Standards are something you can live with should you become exposed to CWD, then you have made a conscious choice to support the Standards document.
However, if you chose to become united for science-based disease management, property rights and due compensation; then we ask that you get involved and work to make changes and stop putting we producers out of business and stop taking our property without due compensation. A "voluntary" program made "involuntary" through our ability for movement or commerce without compensation, is unjust and needs to be changed. The Standards Document is due for public comment any day. Please take the first step, keep your antenna up, and submit your comments.
God Bless and thank you for your continued support!
Best Regards,
Tom and Rhonda Brakke
To provide you with an update, Tom and I filed suit with the Iowa Department of Agriculture and Land Stewardship (IDALS) last fall for compensation for the animals at our breed facility. Following complete depopulation of our animals at our hunting preserve at our expense, IDALS dropped the quarantine, we completed clean-up and canceled our hunting preserve license. Upon opening the gates, the Iowa Department of Natural Resources served an Emergency Order requiring that we close the gates and reinstall electric fence around the 330 acre property, along with quarantine orders through December 28, 2017. IDALS requested that their portion of the suit be consolidated and continued with the IDNR suit in November. In their motion to consolidate and continue IDALS report:
"Both cases will involve a constitutional takings analysis, and that analysis will involve some level of discussion of the science and rational behind IDALS' and DNR's Chronic Wasting Disease (CWD) quarantine policies and the USDA's Program Standards for CWD exposed herds or property."As of today, July 23, 2013, the judge ruled to deny IDALS's motion to continue and consolidate, therefore, full merits will be herd for the quarantine of the breed facility animals in August. The IDNR merits for the 330 acre hunting preserve property is scheduled for November.
Again, our hunting preserve property is valued at approximately $1.5 million, and now quarantined until December 28, 2017. Our breed herd of 500+ animals appraised at approximately $1.5 million and costing roughly $3,000 per week to feed and our breed facility land valued at a minimum of $245,000, also quarantined for five years minimum. We have spent more than $160,000 in attorney fees fighting for our property rights and due compensation. Following our 10 year certification for CWD monitoring we dropped out of the CWD program, neither the breed facility nor the hunting preserve were part of the monitoring program nor have we signed any agreement with the State of Iowa or USDA for quarantine and yet we are effected by CWD exposure through the CWD Rule and Standards.
Unfortunately, there are still a number of producers whom simply do not understand the imploding impacts from the CWD Standards for every producer. The Standards are not only impacting our case here in Iowa, they will impact each of you no matter which state you or your herd and property reside. As in our case, common ownership will override any and all justifications for quarantine, regardless if you do or do not participate in the "voluntary" CWD program.
While I understand, we may get $3 million put back into the USDA CWD program, of that $3 million a minimum of $1.1 million will be allocated for salaries and program "activities", and the remaining 1.9 million toward research and compensation. How far is this really going to get Tom and I or the next producer exposed to CWD?
A question we often hear, "What can I do?" Our response: Become a united industry in the movement against government overreach by the policy makers. We ask that you think about what you have invested in your operation(s) and then think about what you are willing to risk if or when your herd or property is exposed to CWD. If these Standards are something you can live with should you become exposed to CWD, then you have made a conscious choice to support the Standards document.
However, if you chose to become united for science-based disease management, property rights and due compensation; then we ask that you get involved and work to make changes and stop putting we producers out of business and stop taking our property without due compensation. A "voluntary" program made "involuntary" through our ability for movement or commerce without compensation, is unjust and needs to be changed. The Standards Document is due for public comment any day. Please take the first step, keep your antenna up, and submit your comments.
God Bless and thank you for your continued support!
Best Regards,
Tom and Rhonda Brakke
