Board of Commissioners v. United States

934 F. Supp. 2d 1298, 2013 WL 1277727, 2013 U.S. Dist. LEXIS 45257
CourtDistrict Court, D. New Mexico
DecidedMarch 27, 2013
DocketCivil No. 12-237 MV/WPL
StatusPublished
Cited by6 cases

This text of 934 F. Supp. 2d 1298 (Board of Commissioners v. United States) is published on Counsel Stack Legal Research, covering District Court, D. New Mexico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Board of Commissioners v. United States, 934 F. Supp. 2d 1298, 2013 WL 1277727, 2013 U.S. Dist. LEXIS 45257 (D.N.M. 2013).

Opinion

MEMORANDUM OPINION AND ORDER

MARTHA VÁZQUEZ, District Judge.

THIS MATTER comes before the Court on the Motion to Dismiss and Memorandum in Support [Doc. 35] filed by the Board of Commissioners of Catron County, New Mexico (“Catron County”) and [1302]*1302Hugh B. McKeen and Glyn Griffin (“Third Party Defendants”); the United .States’ Motion to Dismiss and Memorandum in Support [Doc. 37]; and the Motion to Dismiss by Defendants Clothier and Drake [Doc. 39], The Court, having considered the motions, briefs, relevant law and being otherwise fully informed, finds that Catron County’s Motion will be granted in part and denied in part as moot; the United States’ Motion is well-taken and will be granted; and Clothier and Drake’s Motion will be denied as moot.

BACKGROUND

In 1866, Congress provided for public access across unreserved public domain by granting rights-of-way for the construction of highways. The Act of July 26, 1866, § 8, ch. 262, 14 Stat. 251, 253, codified at 43 U.S.C. § 932 (“The right of way for the construction of highways over public lands, not reserved for public uses, is hereby granted.”), repealed by Federal Land Policy and Management Act of 1976 (“FLPMA”), Pub.L. No. 94-579 § 706(a), 90 Stat. 2743, 2793. This 1866 statute, commonly referred to as “R.S. 2477,” was self-executing in some states, meaning that an R.S. 2477 right-of-way could come into existence without formal action by public authorities whenever the public sufficiently indicated its intent to accept the grant by establishing a public highway across public lands. See S. Utah Wilderness Alliance v. Bureau of Land Mgmt., 425 F.3d 735, 770 (10th Cir.2005). When Congress enacted the FLPMA, although it repealed R.S. 2477, it preserved “any valid” right-of-way “existing on the date of approval of this Act.” Pub. L. No. 94-579, §§ 702(a), 706(a), 90 Stat. 2743, 2786, 2793 (1976). Accordingly, rights-of-way under R.S. 2477 that were perfected before the repeal of the 1866 statute, and which have not lapsed, remain valid today. States or local governments may file suits to quiet title against the United States if they can demonstrate that the grant of' a right-of-way was accepted prior to the statute’s repeal in 1976.

The United States, however, is immune from suit except when Congress explicitly waives sovereign immunity. Block v. North Dakota, 461 U.S. 273, 280, 103 S.Ct. 1811, 75 L.Ed.2d 840 (1983). With the Quiet Title Act (“QTA”), 28 U.S.C. Section 2409a, Congress provided a limited waiver of sovereign immunity for actions to quiet title against the United States. The QTA provides that “[t]he United States may be named as a party defendant in a civil action under this section to adjudicate a disputed title to real property in which the United States claims an interest, other than a security interest or water rights.” 28 U.S.C. § 2409a(a).

In the instant case, Catron County alleges that, based on a resolution it passed in 2006, it possesses a valid right-of-way under R.S. 2477, over a portion of what it describes as the “River Road.” Doc. 1 (Complaint) ¶¶ 36^40. According to Ca-tron County, this portion of the River Road, which runs from “south of the San Francisco Plaza to the Kelly Ranch,” traverses both federal land, managed by the Forest Service, and private land, owned by the Individual Defendants. Id. ¶¶ 24-32, 40, 51-52. Neither the United States nor the Individual Defendants recognize the existence of Catron County’s alleged right-of-way. For this reason, on March 7, 2012, Catron County filed a three-count Complaint to Quiet Title, seeking: (1) to quiet title under the QTA to that portion of the River Road over which it allegedly possesses a right-of-way; (2) to “quiet title through declaratory relief,” under 28 U.S.C. Section 2201(a), to its alleged right-of-way; and (3) a writ of mandamus compelling the Forest Service, under 28 U.S.C. [1303]*1303Section 1361, to provide Catron County-access to its alleged right-of-way. Id. ¶¶ 79-103.

Defendants Van Clothier and John Drake (the “Individual Defendants”), on May 22, 2012 and June 6, 2012, respectively, filed Counterclaims and Third Party Claims (“Counterclaims”) against Catron County and the Third Party Defendants. Docs. 23, 25. The Individual Defendants assert identical claims, namely, state law claims of quiet title, trespass, and inverse condemnation, and a federal constitutional claim under 42 U.S.C. Section 1983, alleging violation of their civil rights. Id.

The United States filed a motion to dismiss the Complaint on July 6, 2012. Doc. 37. Additionally, the Individual Defendants filed a motion to dismiss on July 12, 2012. Doc. 39. Catron County filed a response in opposition to both motions on July 26, 2012. Doc. 43. The United States and the- Individual Defendants filed reply briefs on August 22, 2012 and August 2, 2012, respectively. Docs. 56, 46. The Individual Defendants also filed a response in support of the United States’ motion on August 2, 2012. Doc. 45.

In turn, on June 27, 2012, Catron County and the Third Party Defendants filed a motion to dismiss the Counterclaims filed by the Individual Defendants. Doc. 35. The Individual Defendants filed a response in opposition on July 10, 2012. Doc. 38. A reply brief by Catron County and the Third Party Defendants followed on August 10, 2012. Doc. 52.

LEGAL STANDARD

“Federal courts are courts of limited jurisdiction; they are empowered to hear only those cases authorized and defined in the Constitution which have been entrusted to them under a jurisdictional grant by Congress.” Henry v. Office of Thrift Supervision, 43 F.3d 507, 511 (10th Cir.1994) (citations omitted). Plaintiff bears the burden of establishing this Court’s jurisdiction over its claims. Steel Co. v. Citizens for a Better Env’t, 523 U.S. 83, 104, 118 S.Ct. 1003, 140 L.Ed.2d 210 (1998). Before considering the merits of a case, the Court is responsible for ensuring that it has subject matter jurisdiction. Daigle v. Shell Oil Co., 972 F.2d 1527, 1539 (10th Cir.1992).

Under Rule 12(b)(1), a party may assert by motion the defense of the Court’s “lack of subject-matter jurisdiction.” Fed. R.Civ.P. 12(b)(1). Motions to dismiss for lack of subject matter jurisdiction “take one of two forms: (1) a facial attack on the sufficiency of the complaint’s allegations as to subject matter jurisdiction; or (2) a challenge to the actual facts upon which the subject matter jurisdiction is based.” Ruiz v. McDonnell, 299 F.3d 1173, 1180 (10th Cir.2002).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Prak v. Skaf
S.D. Illinois, 2024
North Dakota ex rel. Stenehjem v. United States
257 F. Supp. 3d 1039 (D. North Dakota, 2017)
Kane County, Utah v. United States
772 F.3d 1205 (Tenth Circuit, 2014)

Cite This Page — Counsel Stack

Bluebook (online)
934 F. Supp. 2d 1298, 2013 WL 1277727, 2013 U.S. Dist. LEXIS 45257, Counsel Stack Legal Research, https://law.counselstack.com/opinion/board-of-commissioners-v-united-states-nmd-2013.