Posted by wisbaker on March 09, 2014 at 11:54:33 from (173.30.33.15):
In Reply to: Michigan feral hogs posted by T in NE on March 09, 2014 at 07:25:20:
As a former Michigander raised on a hog farm that escaped 26 years ago via the US Air Force, but still has family there. It is my understanding they passed the law to reduce the probability of lower Michigan being over run with exotic feral hogs. Problem is that the state over stepped it's bounds and now wants some hogs in captivity destroyed because they don't like the looks of them. The farmer's business plan was to raise less domesticated hogs and market the meat to upscale restaurants and markets because of perceived differences in the pork from these kinds of animals.
I'm personally against the state on this one, but as a former Michigander and that our family farm has been sold I have no skin in the game. I liken the state's actions to them coming on to your farm and telling you that you'll have to destroy all your Jersey cows because we only want you to raise Holsteins OR them telling you your Oliver Tractors will have to go because we only approve John Deere tractors. The state dropping the prosecution of the case tells you how weak their case was. If I were still a Michigan resident I would suggest that Michigan residents initiate a ballot proposal that would require prosecution of any law after the charge has been filed OR property seized. The law should be structured that if the state drops prosecution the defendant could petition the court for a verdict, at that time the state would be by law required to do one of two things, 1- prosecute the case with the understanding that if they loose the law gets pitched AND they make restitution to the defendants for all property, lost wages revenue and legal fees. 2- settle with out a verdict, this alternative would require the state to rescind the law and make restitution to any and all parties effected by the law or any prosecution of said law. In any outcome any restitution AND costs the state incurred in investigation and prosecution of the case would have to be made from state funds already appropriated and the state will have to make genuine budget decision to pay for their screw up. Meaning if the DNR pulls a move like this they'll be driving old trucks and not get any pay raises or new personnel until they pay for their mistake.
This seems harsh but the intent is to raise the bar on frivolous prosecution, if they come after you and don't have a case or the law is later found to be unconstitutional they'll have to give up things they want to do or limit services to taxpayers (which hopefully will upset said taxpayer enough to cause change in government at election time) and if they pass a law that is unconstitutional they would have to make good to you on it or face prosecution themselves under a conspiracy to deny constitutional rights causing them to give up all their stuff and go live somewhere like Jacktown for a while. It would also take away the tool they have away to harass you, ruin your business, bankrupt you then quit only after they've ruined you without getting a verdict so the law can be reused to wreck the next person they don't like.
As for the danger of wild type hogs over populating lower Michigan two alternatives, 1 hire the Wisconsin DNR to manage the wild hog population, with in a decade it'll be decimated and sick. 2- pass a non indigenous species hunting act removing control of non-indigenous species from state control and giving control of these species and the hunting or population control of them to the landowner.
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