Legal Opinion
United States v. 0.95 Acres of Land, United States of America v. 12.84 Acres of Land
Court of Appeals for the Ninth Circuit
Decided July 8, 1993No. 91-35922, 91-35923PublishedCited by 25 opinions
1Opinion of the Court
BEEZER, Circuit Judge:
This case presents us with a question of jurisdiction disguised as an environmental claim. The United States Forest Service commenced two takings actions in federal district court. To prevent the taking of their land, landowners invoked the National Environmental Policy Act, 42 U.S.C. § 4321 et seq. (“NEPA”), as a defense to condemnation. The landowners claimed that the change in land title was a major federal action requiring full NEPA compliance. The district court agreed and vacated the declarations of taking. The Forest Service appeals; we reinstate title in the…
2Cases cited11 opinions
- Catlin v. United StatesSupreme Court of the United States · 1945
- United States v. Winston Bryant McConneyCourt of Appeals for the Ninth Circuit · 1984
- Berman v. ParkerSupreme Court of the United States · 1954
- United States Ex Rel. Tennessee Valley Authority v. WelchSupreme Court of the United States · 1946
- United States v. 416.81 Acres of Land, Etc., and Mercantile National Bank of Indiana, as TrusteeCourt of Appeals for the Seventh Circuit · 1975
6 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- United States v. 14.02 Acres of Land More or Less in Fresno CountyCourt of Appeals for the Ninth Circuit · 2008
- Apache Survival Coalition v. United StatesCourt of Appeals for the Ninth Circuit · 1994
- Te-Moak Tribe of Western Shoshone v. United States Department of InteriorCourt of Appeals for the Ninth Circuit · 2010
- United States v. 14.02 Acres of Land More or LessCourt of Appeals for the Ninth Circuit · 2008
- Hood Canal Sand & Gravel, LLC v. BradyDistrict Court, W.D. Washington · 2015
20 more not listed; retrieve them via the Exa API.