In the annals of clashes between government control versus private property rights, Michael Ballard’s story is standalone. When Ballard let his farm manager live on-site in a trailer on his California farm, Santa Clara County officials reacted with a blitz of code violations and $120,000-plus in fines.

“About 96% of all private land in the country — whether posted, fenced, occupied or farmed — is currently open to warrantless, suspicionless invasion by federal officials," says Joshua Windham, an attorney with the Institute for Justice. "That’s a scary thought ...”

In 2022, Jim Conlan bought 71 acres, nine of which are designated as wetlands but don't fit the perception of bottomland, swamp, delta or property adjacent to water, he says. That same year, he asked NRCS for a wetlands redetermination, but his request was declined and he was told he had no right to appeal. Conlan has since opened a legal case against USDA and NRCS.

It’s worse than shameful,” says Robert Wright. “It’s a total lack of concern for someone’s life and it’s just like erasing history.”