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Dear All:


The article I provided to you for review several weeks ago entitled, Ducking the Truth About the Great  ‘Commenced Conversion’ Conspiracy Against America’s Farmers was accepted this week for publication later this year in the San Joaquin Agricultural Law Review published by the San Joaquin College of Law, located in Central Valley, California.


The pre-publication version of this paper now appears (is posted online) on the Social Science Research Network (SSRN) website (where other of my client papers appear and where I am in the top 10% of 362,692 authors worldwide) at the following weblink: .


Hopefully, with this forthcoming publication, there will be greater awareness of what really happened to the Brace family and many other small farming families throughout our country 30 years ago at the hands of unscrupulous USEPA, USFWS, USACE and USDOJ officials.


As you may recall, I describe in detail in my paper the carefully coordinated and choreographed, but little known, congressional, federal agency and environmental extremist group campaign to prevent and reverse USDA-determined and authorized "commenced conversions" of wetlands to farmlands entitled to but not requiring cost-sharing under the Food Security Act of 1985, that were subsequently (in 1990 and 1993) grandfathered retroactively as an exclusion from regulation under Clean Water Act Section 404.


This resulted in regulatory "takings" of farmers' private property for a public use (preservation/restoration of wetlands as "waters of the U.S.") without payment of just compensation, as required by the Fifth Amendment of the United States Constitution.


This article will, no doubt, be read by those in federal, state and local government and those in academia; hopefully, it also will be read by members of the nationwide farming community.


It is my intention, with your help, and the assistance of others, to bring this historical account of such reprehensible conduct to the attention of those federal agency officials, members of Congress and academicians who are conscientious and fairness-minded, so that such actions are corrected, and America's farmers are either given back their private lands which the government previously failed to pay for, or are paid full fair market compensation for the lands that the government had previously "taken" via regulation without such payment.


Lawrence A. Kogan


The Kogan Law Group, P.C.

100 United Nations Plaza

Suite #14F

New York, NY 10017

(o) (212) 644-9240

(c) (609) 658-7417



Ex. 8 - Lapp Testimony Ct. Cl. (pp. 525 - 526) 1-12-05


Ex. 9 - Lapp Testimony Ct. Cl. (pp. 610 - 611) 1-13-05


Ex. 10 - Lapp Testimony Ct. Cl. (pp. 675 - 676) 1-13-05


Ex. 11 - Lapp Testimony Ct. Cl. (pp. 657 - 658) 1-13-05


Ex. 12 - Lapp Testimony Ct. Cl. (pp. 660 - 662) 1-13-05


Ex. 13 - Lapp Testimony Ct. Cl. (pp. 663 - 664) 1-13-05


Ex. 14 US Dist. Ct. Order (1993)


Ex. 15 3rd Cir. Ct. Order (1994)


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