Chittenden v. United States

Keywords: Mining Act of 1872; 30 U.S.C. § 26; Fifth Amendment Takings Clause; Motion to Dismiss; RCF.C 12(b)(1); Summary Judgment; RCFC 12(b)(6); 36 C.F.R. § 224.8.

OPINION AND ORDER

KAPLAN, Judge.

Plaintiffs in this action, Gene Chittenden and Allen D. Hall, hold unpatented mining claims on two lode mines located in the Tahoe National Forest in California. Plaintiffs claim that when the United States Forest Service installed bat gates on the shaft and portal of the mines it “intentionally, negligently and [tortiously]” destroyed their claims, violated their rights under the Fifth Amendment’s…