Paul G. Shultz v. Department of Army, United States of America

I disagree with the majority’s holding that the Army’s erection of a fence, gate and guardhouse next to the roadway was insufficient to put a reasonable landowner on notice of a claim. As the district court noted the fence, guardhouse and gate manifest a government claim of right to control access to the roadway, whether exercised or not.

The majority incorrectly interprets Park County as holding that the government must manifest a claim of interest in a right of way by an actual physical interference or a complete prohibition of the public’s use to the roadway. In Park County we stated that…