September 11, 2024 |
Photo – Sheriff’s office sign – Bigfoot99 file photo
A concerned local rancher is seeking clarification over who has the final say for law enforcement in Carbon County.
At the August 27th Board of Carbon County Commissioners meeting, Saratoga rancher Scott Kerbs asked about federal law enforcement jurisdiction in the county. Kerbs said the livelihood of the state depends on decisions made in Washington DC. The rancher pointed to proposed Bureau of Land Management changes to Sweetwater County’s resource management plan as a way the federal government can control the local economy.
Kerbs said he was compelled to address the board after learning about an incident on the Buffalo Gap Grassland in South Dakota. A hunter called the U.S. Forest service on a fourth-generation ranching family over the location of a 75-year-old fence.
Kerbs said despite attempts to rectify the situation out of court, the U.S. Forest Service charged the ranch with stealing government property, a crime that carries a penalty of up to 10 years in prison and a $250,000 fine. Kerbs said the Buffalo Gap incident is an example of government intimidation. The Saratoga rancher asked county officials to support the sheriff’s constitutional authority and stand up against federal overreach.
Kerbs said local governments in Wyoming and South Dakota want to resist federal control over public lands in their counties. Kerbs compared the situation to the crisis at the southern border where local authorities are pushing back against federal laws.
Kerbs said Carbon County may face a similar situation. The rancher said a recent Forest Service survey shows that the federal boundary is inaccurate by several yards. Unlike Buffalo Gap, the discrepancy is in the landowners’ favor, however.
Carbon County Sheriff Alex Bakken said he has three types of jurisdictions: proprietary, exclusive, and concurrent. When dealing with the U.S. Forest Service, Sheriff Bakken said his department has authority over most criminal cases.
U.S. Forest Service District Ranger Jason Armbruster said his department and the sheriff’s office have a good working relationship. Armbruster said he prefers to keep minor offenses on Forest Service land out of the courts.
District Ranger Armbruster said his agency does not have the time or manpower to prosecute minor property boundary disputes.
Sheriff Bakken said he is aware of the Buffalo Gap incident mentioned by Kerbs. After speaking to Forest Service representatives, the sheriff said he believes some details about the story have been left out.
Commissioner John Johnson asked Sheriff Bakken if he is the ultimate authority in Carbon County. Sheriff Bakken said the United States constitution does not specifically mention what authority county sheriffs possess. However, roughly half of Wyoming’s sheriffs believe they have jurisdiction over state and federal law. Sheriff Bakken said he is a constitutional sheriff and will push back against the federal government when necessary.
Sheriff Bakken said he has yet to have his authority tested by any federal agency.
