Hazel Green Ranch, LLC v. United States Department of the Interior
Court of Appeals for the Ninth Circuit
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
- Department of the Army v. Blue Fox, Inc.Supreme Court of the United States · 1999
- County of San Diego v. California Water & Telephone Co.California Supreme Court · 1947
- Kinscherff v. United StatesCourt of Appeals for the Tenth Circuit · 1978
- Western Aggregates, Inc. v. County of YubaCalifornia Court of Appeal · 2002
- McFarland v. KempthorneCourt of Appeals for the Ninth Circuit · 2008
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