Jicarilla Apache Tribe v. Board of County Commissioners

883 P.2d 136, 118 N.M. 550
CourtNew Mexico Supreme Court
DecidedSeptember 28, 1994
Docket21476
StatusPublished
Cited by12 cases

This text of 883 P.2d 136 (Jicarilla Apache Tribe v. Board of County Commissioners) is published on Counsel Stack Legal Research, covering New Mexico Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jicarilla Apache Tribe v. Board of County Commissioners, 883 P.2d 136, 118 N.M. 550 (N.M. 1994).

Opinion

OPINION

MONTGOMERY, Chief Justice.

This case involves the subject of federal Indian law. We discuss the subject with some trepidation, given the considerable body of federal statutes and the vast array of sometimes confusing cases surrounding the subject. Nevertheless, the issue in the ease, as the parties stressed at oral argument, is a quite narrow one; and its resolution directly affects a matter in which the appellate courts of this state are vitally interested — the jurisdiction of our trial courts to resolve disputes between or among citizens of the state and arising out of state-law principles affecting interests in real property located here.

The issue is whether a federal statute, 28 U.S.C. § 1360(b) (1988) (part of what is commonly known as Public Law 280 1 ), deprives a state court of subject-matter jurisdiction to adjudicate a dispute between an Indian tribe and one of the state’s counties concerning the existénce of a public road across part of a ranch purchased by the tribe in the recent past. The issue arose after the Jicarilla Apache Tribe (the Tribe) brought suit in the District Court of Rio Arriba County against the Rio Arriba County Board of County Commissioners (the County), to enjoin certain roadwork by the County on a claimed roadway. The County asserted that the roadway was a public road arising from prescriptive use by the public for a period of many years and that the Tribe took subject to the road when it acquired the ranch, which at that time was adjacent to — not a part of— its reservation. The Tribe and the County litigated the public-use question in district court, and the court ruled in the County’s favor after a seven-day bench trial. The Tribe appealed to the New Mexico Court of Appeals on a number of grounds, including the ground — which was raised for the first time on appeal — that the district court lacked subject-matter jurisdiction to resolve the parties’ dispute. The Court of Appeals reversed the district court, holding that the trial court lacked jurisdiction to adjudicate the existence of a claimed public road across the ranch. Jicarilla Apache Tribe v. Board of County Comm’rs, 116 N.M. 320, 329, 862 P.2d 428, 437 (Ct.App.), cert. granted, 117 N.M. 524, 873 P.2d 270 (1993). We granted the County’s petition for a writ of certiorari to consider this jurisdictional question. We reverse the Court of Appeals’ decision and hold that federal law did not preempt the district court’s exercise of jurisdiction to resolve the parties’ dispute.

I.

The Jicarilla Apache Tribe occupies a reservation in northern New Mexico. Established by Executive Order in 1887, the reservation encompasses over 740,000 acres, not including the ranch that is the subject of this dispute. The Tribe conducts significant commercial activities on the reservation, including a substantial amount of elk and deer hunting. In 1985 it decided to expand the area devoted to commercial hunting by purchasing a 55,000-acre ranch (the Theis Ranch) adjoining its reservation on the east. 2 The Theis Ranch lies entirely within Rio Arriba County and consists of largely uninhabited land that is now used primarily for some of the commercial hunting conducted by the Tribe.

In November 1987, after this suit was filed, 3 the Tribe conveyed the property to the United States in trust for itself. The Secretary of the Interior accepted the conveyance in March 1988 and in September of that year formally added the property to the Jiearilla Apache Reservation.

In October 1987 a County road crew began blading a roadway across the Theis Ranch, starting at a point where its southerly boundary intersects State Road 95 and proceeding in a northerly direction toward the town of Monero, approximately eighteen miles to the northwest. Simultaneously, County employees began blading from the north across a 4,732-acre ranch owned by a neighbor, Natividad Chavez, lying to the north of the Theis Ranch. 4

The Tribe and Chavez independently filed suit in the district court to enjoin the County from continuing to blade the roadway across their respective ranches. The suits were eventually consolidated. The County asserted that the area it wanted to blade was a preexisting road that had been used by the public since early in the nineteenth century and that it held a prescriptive easement over the road. The Tribe and Chavez challenged the extent of any such use and denied that any easement existed. The court received voluminous evidence describing the condition of the road, and demonstrating its prescriptive use, since at least the early part of this century. As the Court of Appeals said in its opinion below with reference to the portion of the road crossing the Chavez Ranch (but, according to the trial court’s findings, with equal application to the portion crossing the Theis Ranch), “[the trial] testimony indicated that the road was used primarily for moving cattle and sheep, but that it also was used for hunting, wood gathering, driving horse-drawn wagons, horseback riding, and driving motor vehicles. It also indicated that the public used the road whenever necessary or convenient.” 116 N.M. at 330, 862 P.2d at 438.

In addition, there was evidence of active County involvement in maintaining the road: County employees testified that they remembered working on the road as early as 1960 and as recently as 1985; a road maintenance schedule listed the road as “County Road 335”; and the County Commissioners discussed repairs to the road at meetings as far back as 1931. Other evidence included United States Geological Survey aerial photographs and National Forest maps showing the roadway — some describing it as a “good motor road” — and numerous other maps and deeds referring to the road throughout the present and the latter part of the last century. Currently, the segment of the road that traverses the Theis Ranch is bounded on both sides by fences that are 300 feet apart along some portions of the road.

After receiving all the evidence, the trial court made numerous detailed findings of fact, declaring that “the road in question has been used by the public to drive sheep, cattle, horses, and for pleasure, and has been used by horse-drawn wagons and motor vehieles since time immemorial”; that “the roadway in question has existed for many years, and at least since the 1820’s, in its present location”; and that “the Plaintiffs and their predecessors in interest have had knowledge of the existence and use of the road in question.” 5 The court concluded that the road was a public road, the public having established a right of way by prescriptive use for the necessary period. Having so concluded, the court dismissed the Tribe’s and Chavez’s petitions with prejudice.

The Tribe and Chavez filed a joint appeal. The Court of Appeals affirmed with respect to Chavez’s property, overruling her claims that the evidence was insufficient to establish a public road by prescription. Id.

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Cite This Page — Counsel Stack

Bluebook (online)
883 P.2d 136, 118 N.M. 550, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jicarilla-apache-tribe-v-board-of-county-commissioners-nm-1994.