In 40 years of public service, one of the more egregious examples of government misconduct I witnessed was endured by Wallace McGregor, a Spokane businessman, geologist and entrepreneur. Now in his 80’s, he is decency, honesty and tenacity personified.
His fortitude is inspiring; and, the callous disregard displayed by the National Park Service for he and his partners’ valid property rights is deplorable. They have been victimized by an uncompensated taking, pure and simple.
It is a cautionary tale inasmuch as it could all too easily happen to any citizen who inadvertently gets in the way of an agency of the federal government that chooses to operate as a rogue elephant and a law unto itself.
Wally’s case is a classic example of “no good deed goes unpunished.” The origin of this unbelievable account was their recognition that a valid, proven up patented mining claim containing literally billions of dollars worth of copper, silver and gold was better off not being developed. Their 360 plus acres ended up within the Wrangell-St. Elias National Park created by the Alaska National Interest Lands and Conservation Act (ANILCA) of 1980. They accepted the higher and better use Congress opted for by placing their Orange Hill claim and surrounding area into a National Park.
They expected the Park Service would commence negotiations that would result in a reasonable buy out of their in holding, one that would reflect their investment and some modest return on that investment. By no means were they asking for an exorbitant amount, but rather a reasonable return on a modest investment and recognition of their valid property right. If they made a “mistake,” it was not filing a Mine operating plan.
They reasoned why engage in a charade when they acknowledged the higher and better national interest determined by Congress. They never dreamed 30 years later they would still be subjected to what can only be described as unconscionable shuck and jiving, obfuscation, outright lies and legal wrangling all designed to outwait Wally and his partners.
Governor Andrus calls it “hornswoggling.” He even wrote a letter to the then Interior Secretary Ken Salazar suggesting that the secretary could resolve this conflict by ordering the Park Service to engage in an “Alternative Dispute Resolution” (ADR) process. Salazar refused to do so.
The NPS may have succeeded in ignoring one man’s property right, but in a larger sense it is coming at a cost - loss of public faith and confidence in the agency - that is the sine qua non of any government agency. (more…)