Legal Opinion
Hat Ranch, Inc. v. Babbitt
District Court, District of Columbia
Decided December 5, 1995No. Civil Action 95-0172 (JR)PublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM
ROBERTSON, District Judge.
This action is an attempt to structure a constitutional challenge to federal ownership of public lands in the State of New Mexico. The challenge is artfully pleaded, but the cause does not he within the subject matter jurisdiction of this Court. For the reasons set forth below, the case must be dismissed.
When the State of New Mexico was admitted to the Union in 1912, all of the vacant and unappropriated lands in the new state were declared to be public lands of the United States. See New Mexico Enabling Act, 36 Stat. 557 (1910); New Mexico Const. art. XXI,…
2Cases cited11 opinions
- Brown v. General Services AdministrationSupreme Court of the United States · 1976
- Block v. North Dakota Ex Rel. Board of University & School LandsSupreme Court of the United States · 1983
- United States v. GrimaudSupreme Court of the United States · 1911
- Commercial Union Insurance Company v. United States v. William ScottCourt of Appeals for the D.C. Circuit · 1993
- Park County, Montana, and Sweet Grass County, Montana v. United States of America, Cross Creek Protective Association, Defendant-Intervenor-AppelleeCourt of Appeals for the Ninth Circuit · 1980
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3Cited by4 opinions
- Montanans for Multiple Use v. BarbouletosCourt of Appeals for the D.C. Circuit · 2009
- Shawnee Trail Conservancy, Illinois Trail Riders, Horsemen's Council of Illinois, Southern Illinois Campground and Ranch Owners Association, and Illinois Federation of Outdoor Resources v. United States Department of Agriculture, United States Forest Service, Daniel Glickman, Secretary of Agriculture, Michael P. Dombeck, Chief, United States Forest Service, Robert T. Jacobs, Regional Forester, Eastern Region (R-Ix), United States Forest Service, and Louise Odegaard, Supervisor, Shawnee National ForestCourt of Appeals for the Seventh Circuit · 2000
- Shawnee Trail Conservancy v. United States Department of AgricultureCourt of Appeals for the Seventh Circuit · 2000
- Double Check C o . v. Goulds PumpsDistrict Court, D. New Hampshire · 1998