Freese v. United States

*253This taking case comes before the court on the parties’ cross-motions for partial summary judgment on Count I of plaintiffs petition. Plaintiff is the owner of five unpatented mining claims located on federal lands. In 1972, Congress incorporated these lands into the newly established Sawtooth National Recreation Area (Sawtooth). The law creating Sawtooth expressly terminated the ability of existing claimholders to proceed to patent upon claims located in the recreation area, i.e., to obtain fee title to the lands in which the claims are located. This case concerns the question whether…