Rich County v. United States

CourtDistrict Court, D. Utah
DecidedAugust 14, 2025
Docket2:12-cv-00424
StatusUnknown

This text of Rich County v. United States (Rich County v. United States) is published on Counsel Stack Legal Research, covering District Court, D. Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rich County v. United States, (D. Utah 2025).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH

IN RE: JOINTLY MANAGED R.S. 2477 MEMORANDUM DECISION ROAD CASES LITIGATION1 AND ORDER CONCERNING POSSESSION AND CONTROL OF THE ROADS

Case Nos:

2:10-cv-1073 2:12-cv-434 2:11-cv-1043 2:12-cv-447 2:11-cv-1045 2:12-cv-451 1:12-cv-105 2:12-cv-452 2:12-cv-423 2:12-cv-461 2:12-cv-424 2:12-cv-462 2:12-cv-425 2:12-cv-466 2:12-cv-426 2:12-cv-467 2:12-cv-428 2:12-cv-471 2:12-cv-429 2:12-cv-472 2:12-cv-430 2:12-cv-477

Judge Clark Waddoups

1 This Memorandum Decision and Order applies to twenty-two cases. To simplify the caption, the court refers to the cases collectively as “In re: Jointly Managed R.S. 2477 Road Cases Litigation.” This Memorandum Decision and Order shall be docketed in each of the cases listed by case number. INTRODUCTION The United States has moved for an Order to Enforce the Protections of the Quiet Title Act, 28 U.S.C. § 2409a(b), in the twenty-two jointly managed R.S. 2477 road cases.2 Section 2409a(b) specifies that “[t]he United States shall not be disturbed in possession or control of any real property involved in” a quiet title action. The United States asserts this means it may exercise ownership rights over the roads as long as this litigation is pending. Mot. to Enforce, at 2 (ECF No. 824).3 Taking into account the existing case records and the context of an R.S. 2477 action, the court concludes the United States’ motions are overbroad and have failed to address relevant legal issues. Accordingly, the court denies the motions. BACKGROUND

The United States contends Plaintiffs are not abiding by the following limitation stated under 28 U.S.C. § 2409a(b): The United States shall not be disturbed in possession or control of any real property involved in any action under this section pending a final judgment or decree, the conclusion of any appeal therefrom, and sixty days; and if the final determination shall be adverse to the United States, the United States nevertheless may retain such possession or control of the real property or of any part thereof as it may elect, upon payment to the person determined to be entitled thereto . . . .

2 The twenty-two cases were filed respectively by twenty-two counties in Utah. 3 The United States filed the same motion in the twenty-two cases. When citing to the motions, the court references the docket in the consolidated case of Kane County, Utah (2), (3), & (4) v. United States, No. 2:10-cv-1073 (hereinafter “Kane County (2)”). Additionally, any pincite to that record refers to the ECF page numbering at the top of the page, with the exception of pincites to a hearing transcript. Pincites to a hearing transcript refer to the pagination at the bottom of the page. (Emphasis added). The United States contends the statute affords it the right to “enjoy[] and exercis[e] the rights of ownership over the real property in question so long as the corresponding litigation remains pending, plus sixty days.” Mot. to Enforce, at 2 (ECF No. 824). The United States owns the land over which the alleged R.S. 2477 roads run, but “the real property in question” are the alleged R.S. 2477 rights-of-way. The types of burdens that the roads may impose on the land during the pendency of the litigation, and the nature of the United States’ possession and control over the roads is at issue.4 Among the twenty-two jointly managed road cases, there are approximately 12,000 roads at issue, and they comprise a significant portion of the transportation system in Utah. The United States has filed motions to enforce the statutory provision for all 12,000 roads. Although the

United States contends the plaintiffs are not abiding by the § 2409a(b) limitations, it provides an example only from one of the cases. See Mot. to Enforce, at 2 (stating “[r]ecent events in one of these cases . . . have made clear that Plaintiffs are failing to abide by the constraints and limitations imposed upon them by the Quiet Title Act”). The example is from Kane County (2). The court therefore addresses the motions to enforce based on the events in that case, but the analysis applies the same to the other R.S. 2477 road cases.

4 As discussed further below, the types of suits under the Quiet Title Act involve fee title and non-fee title disputes. R.S. 2477 rights-of-way are a nonpossessory property interest. See LKL Assocs., Inc. v. Union Pac. R.R. Co., 17 F.4th 1287, 1297 (10th Cir. 2021) (addressing “settled principles of property law” that apply to easements because they are “a nonpossessory interest in land”) (quotations and citation omitted)). Consequently, “possession and control” in the R.S. 2477 context is different from possession and control that exists in a fee title situation. On August 21–22, 2024, the court held an evidentiary hearing in Kane County (2). The evidentiary hearing pertained to a planned installation of a box culvert on the K6000 House Rock Valley Road in Kane County, which culvert has since been installed. See Notice, at 2 (ECF No. 817) (providing notice about the installation). Based on undisputed evidence presented at the hearing, the court finds for purposes of the motions to enforce: 1. A culvert was needed where the House Rock Valley Road crosses a wash and becomes flooded during weather events. See Hr. Tr., at 62:16–17 (ECF No. 811) (confirming the BLM supported installation of a culvert); id. at 18:23–19:2 (identifying Buckskin Wash crossing the House Rock Valley Road); Hr. Tr., at 250:8–18 (ECF No. 812) (describing condition of the House Rock Valley Road at Buckskin Crossing).

2. The House Rock Valley Road was being used by the public, in part, to reach various federal recreational and scenic sites. Hr. Tr., at 19:2–25, 186:16–187:23, 198:24– 199:19 (ECF No. 811). 3. The public was disturbing adjoining federal land by creating a bypass road to go around a problematic area where Buckskin Wash crosses the House Rock Valley Road. Id. at 162:13–19, 179:1–11, 194:1–8. 4. The Department of Interior classifies culvert installations as a categorical exclusion from National Environmental Policy Act (“NEPA”) requirements. Id. at 36:21–37:16, 38:3–23, 39:15–18, 40:19–21, 41:11–42:12. 5. Kane County has had a long time practice of installing culverts as part of its standard

road maintenance and repair projects, both prior to and during the pendency of Kane County (2). Id. at 139:1–154:1 (testimony by Kane County road maintenance director about Kane County’s culvert installation projects, including new installations and repair of existing installations). 6. At least since 1997, the Bureau of Land Management has never been involved on prior culvert installation projects by Kane County, id. at 56:7–16, including installations involving culverts identical to the culverts needed on the House Rock Valley Road. Id. at 169:9–25. In other words, Kane County presented evidence that all culvert installations by Kane County, prior to the one at issue on the House Rock Valley Road, were done solely under the control and direction of the County.5 The United States presented no contrary evidence about culvert installations by Kane County. Instead, the United States cited to a definition in SUWA v. BLM, 425 F.3d 735, 749 (10th

Cir. 2005) (the “SUWA Decision”), where installation of culverts was defined as an “improvement.” According to the United States, because culvert installations were listed as an improvement, such projects are under the United States’ control.

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Bluebook (online)
Rich County v. United States, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rich-county-v-united-states-utd-2025.