Legal Opinion · Concurring in the judgment

Hazel Green Ranch, LLC v. United States Department of the Interior

Court of Appeals for the Ninth Circuit

Decided July 27, 2012No. 10-16519Unpublished

1Concurring in the judgmentMurguia, Circuit Judge

I concur with the decision to affirm the district court, but depart from the majority’s reasoning for dismissing Hazel *883Green s claim based on its easement right under California law as a landowner abutting a county road. I believe Hazel Green lacks a cognizable property interest to bring a claim under the Quiet Title Act. Hazel Green’s interest in accessing the roads is ultimately not fundamentally different from public access rights which have been deemed insufficient to assert a claim under the Quiet Title Act. See, e.g., Long v. Area Manager, Bureau of Reclamation, 236 F.3d 910, 915 (8th…

2Cases cited11 opinions

  1. Department of the Army v. Blue Fox, Inc.Supreme Court of the United States · 1999
  2. County of San Diego v. California Water & Telephone Co.California Supreme Court · 1947
  3. Kinscherff v. United StatesCourt of Appeals for the Tenth Circuit · 1978
  4. Western Aggregates, Inc. v. County of YubaCalifornia Court of Appeal · 2002
  5. McFarland v. KempthorneCourt of Appeals for the Ninth Circuit · 2008

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