Freese

In this case plaintiff alleges that the Government has taken his property interest in 31 unpatented mining lode claims and 5 unpatented millsite claims without paying just compensation. Defendant has moved for partial summary judgment, asking us to dismiss plaintiffs claims regarding 26 of the unpatented mining lode claims and all of the unpatented millsite claims on the ground that as to them he has failed to state a claim upon which relief can be granted. Plaintiff opposes the motion. We hold for the Government.

The federal mining laws permit citizens to explore, discover, and extract…