Poverty Flats Land & Cattle Co., a New Mexico Corporation v. United States

LOGAN, Circuit Judge.

The question in this appeal is whether the trial court erred in granting the United States’ motion for summary judgment on the ground that the quiet title action brought by Poverty Flats Land & Cattle Company against the United States was barred by the 12-year statute of limitations contained in 28 U.S.C. § 2409a(f). Poverty Flats’ predecessor in interest acquired the property in question in January 1970 pursuant to an exchange of lands under the Taylor Grazing Act, 43 U.S.C. § 315g(d) (repealed 1976). The land patent reserved to the United States the rights to “[a]ll…