Bradford V. United States ex rel. Department of Interior, Bureau of Land Management Division of Lands & Minerals

I respectfully dissent.

I regret that I am unable to join in the majority opinion. It is due to the lack of jurisdiction plus the lack of merit.

I

The Problem of Jurisdiction

It is of utmost importance to take note of, the fact that federal jurisdiction in this case is wholly dependent on full compliance with 28 U.S.C. § 2409a which applies to civil actions against the United States to quiet title to real property. Jurisdiction is granted under certain conditions set forth in the statute. Generally the United States, as sovereign, is immune from suit except to the extent that it has given express…