Mountain States Legal Foundation v. Clark

SETH, Chief Judge.

The complaint of plaintiffs, who are owners of grazing lands, brought this action against the Secretary of Interior and the United States for the unconstitutional taking, without condemnation proceedings, of forage on their private lands. This taking, *793it is alleged, resulted from the failure by the defendants to manage herds of wild horses contrary and in violation of the Wild Free-Roaming Horses and Burros Act, 16 U.S.C. § 1331 et seq. Mandamus is sought to require defendants to remove the horses from plaintiffs’ lands. Also substantial damages were sought against the…