Wednesday, August 30, 2006


Fitzgerald Living Trust v. US, No. 04-16149 (9th Cir. August 30, 2006)
In a dispute over property owners' right of access over a national forest road and a proposed statutory easement by the Forest Service providing them with access over the road, summary judgment for the Forest Service is affirmed as the Federal Land Policy Management Act (FLPMA) vests the Secretary of Agriculture with the authority to regulate access over a national forest, and the FLPMA easement offered to plaintiffs, who hold no common law easements over the forest service land, was a reasonable exercise of that authority.

No comments: