Alder v. United States

7 Cl. Ct. 542, 1985 U.S. Claims LEXIS 1022
CourtUnited States Court of Claims
DecidedMarch 22, 1985
DocketNo. 37-83L
StatusPublished
Cited by3 cases

This text of 7 Cl. Ct. 542 (Alder v. United States) is published on Counsel Stack Legal Research, covering United States Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Alder v. United States, 7 Cl. Ct. 542, 1985 U.S. Claims LEXIS 1022 (cc 1985).

Opinion

OPINION

WHITE, Senior Judge.

This is a companion case to Bundrick v. United States, 7 Cl.Ct. 532 (1985). The facts and the legal issues in this case are quite similar to those involved in the Bundrick case.

The background information set out in the Bundrick opinion under the headings, “The San Carlos Mineral Strip ” and “Remedial Legislation,” is equally applicable to the present case, and it will not be repeated in this opinion.

The plaintiffs in this case complain that the United States has deprived them of the use and benefit of certain land which they own in fee and of improvements which they placed on other lands which they formerly used under permits issued by the Bureau of Land Management, Department of the Interior.

The Facts

The fee land is a 400.25-acre parcel that is situated in section 27, T. 5 S., R. 21 E., Gila and Salt River Base and Meridian, Graham County, Arizona. The parcel is [544]*544generally rectangular in shape and it occupies somewhat more than the W lh of section 27 (except the SW xk SW xk, which is owned in fee by someone else). The southern boundary of the San Carlos Mineral Strip bisects the Alders’ fee land from east to west, with 196.13 acres of the fee land lying north of the boundary line and inside the Mineral Strip, and 204.12 acres of the fee land lying south of the boundary line and outside the Mineral Strip.

The Alder family acquired the fee land in about 1960. From that time until approximately 1973, they maintained on the portion of the fee land within the Mineral Strip a nice brick residence, with two bedrooms, a bathroom, a fireplace, and furniture; a water well; and a light plant. Butane gas was used as a source of power. None of the Alders ever lived in the house, although members of the family occasionally spent weekends there. The house was usually occupied by an employee (and, presumably, the employee’s family).

In addition to the house, the Alders maintained two bunkhouses and other elements of a ranch headquarters on the portion of the fee land located within the Mineral Strip.

The validity of the plaintiffs’ title to the fee land is not questioned by the defendant in the present litigation.

The Alders operated a cattle ranch in federal Range Unit 26 from about 1960 until 1973. The ranch consisted of the fee land previously mentioned and of land which they used until 1969 under permit from the Bureau of Land Management. Part of the federal land was inside and part was outside the exterior boundary of the San Carlos Mineral Strip. The federal land inside the Mineral Strip consisted of all or part of 13 sections of land. The ranch house and other elements of the ranch headquarters were located on the portion of the fee land lying inside the Mineral Strip.

In addition to the permanent improvements which the Alders placed on the fee land inside the Mineral Strip, as previously mentioned, they also placed permanent improvements on the federal land inside the Mineral Strip which they used under permit.

The only feasible means of reaching the Alders’ fee land in section 27 is over a graded road, known as the Goodwin Wash Road, running in a southwesterly direction from outside the San Carlos Mineral Strip, and then passing over approximately 8.5 miles of land within the Mineral Strip before reaching the Alders’ fee land in section 27. Until January 1969, the 8.5-mile portion of the road within the Mineral Strip first crossed about a mile of federal land and then crossed state land and patented land belonging to other persons before reaching the Alders’ fee land.1

In addition to operating a ranch in Range Unit 26, the Alders also conducted a cattle ranching operation in federal Range Unit 30 from about 1960 until 1973. This ranching operation did not include any fee land owned by the Alders. It was established on federal land which the Alders used under a permit from the Bureau of Land Management. Part of the federal land was inside and part was outside the exterior boundary of the San Carlos Mineral Strip. The portion inside the Mineral Strip included all or part of six sections of land. The ranch headquarters, a pond, and other permanent improvements were maintained by the Alders on the federal land lying inside the Mineral Strip.

After the effective date of the restoration order of January 16, 1969 (34 Fed.Reg. 1195), restoring the federal land within the San Carlos Mineral Strip to the San Carlos Apache Indian Tribe and making such land part of the San Carlos Indian Reservation, the Alders no longer had permits from the Bureau of Land Management for the use of the former federal land within Range Unit 26 and Range Unit 30 that had become [545]*545Indian land. In 1970, 1971, and 1972, however, the Alders obtained from the Indian tribe 1-year permits that permitted them to continue to use such land; and this enabled the Alders to continue their ranching operations in Range Unit 26 and Range Unit 30.

In the early part of 1973, however, the Alders and all other non-Indian ranchers using Indian land within the San Carlos Mineral Strip were notified that no further permits would be issued to non-Indians after the expiration of the then-current permits at the close of June 30, 1973, and that the non-Indian ranchers must remove their cattle from the Indian land before the June 30 expiration date.

Because the fee land which they owned in section 27 and the federal land which they still held under permit in Range Units 26 and 30 did not provide adequate resources for continued ranching operations, the Alders discontinued their ranching operations in the two range units after the expiration of their final permit from the Indian tribe on June 30, 1973.

After the former federal land within the San Carlos Mineral Strip became Indian land, the Indian tribe began constructing a fence along the exterior boundary of the Mineral Strip. The fence along the southern boundary of the Mineral Strip was not built across the Alders’ fee land in section 27; but the fence was built in such a way as to segregate the fee land from the Indian land.

Also, subsequent to January 1969, the Goodwin Wash Road crossed about a mile of Indian land after it reached the Mineral Strip boundary on the way to the Alders’ fee land in section 27. The Alders, and all other persons crossing Indian land in order to reach patented lands, were notified by the Indian tribe that they should obtain permits authorizing them to cross Indian land. The Alders have never applied for or obtained permits from the Indian tribe; and they have continued to use the Goodwin Wash Road in traveling to and from their fee land in section 27. They have been stopped and questioned by Indian police on several occasions while traveling over the portion of the road that crosses Indian land, but they have never been prevented from using the road without a permit.

Since land adjacent to the Alders’ fee land in section 27 became Indian land in January 1969, there have been incidents of vandalism on the portion of the fee land lying inside the boundary of the San Carlos Mineral Strip and inside the Indian reservation. The ranch house has been virtually destroyed. The windows have been destroyed, the doors have been taken away, the electric wiring has been tom out, and an unsuccessful effort was made to tear out the firebox in the fireplace.

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7 Cl. Ct. 542, 1985 U.S. Claims LEXIS 1022, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alder-v-united-states-cc-1985.