Ray S. Fertig, P.O. Box 5989, Cheyenne, WY  82003, Voice: 307-638-7566, Fax: 307-632-1960

September 21, 2005

RE:  Notch Peak Ranch/Devil’s Canyon Land Exchange

It has come to our attention that again a secret deal is being made behind closed doors to swap private land for federal public land west of Wheatland, Wyoming located in the Laramie Mountains of Albany County.

It appears that Pat Broe is working with Tim Wohlgenant of the Western Land Group to make a land swap with the federal government in what is known as the Notch Peak Ranch/Devil’s Canyon Land Exchange.  

Being a lifetime resident of Wyoming for the past 67 years and owning property adjacent to this federal land, this would eliminate a vast area of public land that is presently open to the residents of Wyoming and the Wheatland/Cheyenne/Laramie areas in particular.  This land has some unique deer, elk, and mountain sheep hunting which would be closed off to the general public should this exchange take place. 

We feel that it would be a total mistrust by our public officials to allow this transaction to take place, as it would eliminate a vast portion of the public lands in the Laramie Mountains.  And with the growing pressures of civilization, we feel that it would be unwise to concentrate all of the public land into large areas rather than smaller areas   accessible to the public. 

If this public land is to be sold it would seem only fair that it would be open to the public to bid on this property as there are a number of people in the public and private sector that would be willing to exchange property of equal or greater value for this land. 

 However, it is my understanding that it is Mr. Broe’s intention to close this land off forevermore to the general public and to begin his own private hunting preserve which has been well stocked by the Wyoming Game & Fish Department at the public’s expense.

 Again, if this land is to be exchanged or sold, the government would realize a larger profit if the sale was open to the public instead of in secret behind closed doors and with misleading statements and advertisements.

 Should this land swap be approved by the various government agencies, part of the arrangement should be that this land forevermore will be left open to public access for trespass, hunting, and fishing.  With the present restrictions on private property, this would not be an out-of-line request as the following already exists: 

• A Wyoming Game Warden can enter on private property without a warrant.
• Private property can be taken through imminent domain for private use.
• Private property can be taken without compensation for wetlands, endangered species, land use, zoning, and can be restricted and controlled further by building permits.

 Under the dictionary definition of ‘private’, ‘use’, and ‘taken’, private property is virtually non-existent in the United States as of today and as such it would not be an unreasonable request or demand to be placed upon this property should an exchange take place.  It would be now and forevermore open to public trespass, hunting, and fishing.