Justia Zoning, Planning & Land Use Opinion Summaries

In the 1980s, Simonson began exploring for deposits of pumicite, a porous volcanic rock, which he thought had potential commercial applications. Simonson found high quality pumicite in Kern County and located 23 mining claims in his name. For two decades, Simonson commissioned scientific testing. Lab reports and industry analyses confirmed that pumicite could be useful in industrial paint and plastic manufacture; Simonson began taking orders. In 1987, Simonson submitted a Plan of Operations to Bureau of Land Management to mine 100,000 tons per year. BLM conditionally approved the plan, specifying that it had not yet determined whether Simonson had discovered valuable minerals under the General Mining Law, 30 U.S.C. 22. Simonson postponed mining until BLM completed its common/uncommon variety determination, but hired a consultant to generate investor interest. In 1989, the BLM concluded that Reoforce pumicite was an uncommon mineral, locatable under federal law, but did not establish that Simonson had a right to patent his claims. From 1987-1995, Simonson mined only 200 tons of pumicite and sold only five. In 1995, BLM stated that the lands encompassing 10 of the claims would be transferred to become part of Red Rock Canyon State Park. An agreement between BLM and California permitted some mining claimants to continue operating, depending on prior use of the mine, subject to California’s Surface Mining and Reclamation Act. Ultimately, BLM found pumicite not marketable and the claims invalid. The Department of the Interior later granted Simonson a conditional right to mine some claims. Simonson then sought compensation for a temporary taking (1995-2008). The Federal Circuit affirmed rejection of the claims. Although the character of the government's action did not weigh heavily against the taking claim, the economic-impact and reasonable-investment-backed-expectations factors weighed heavily against Simonson. View "Reoforce, Inc. v. United States" on Justia Law

In the 1970s, the Department of the Interior’s Fish and WildlifeService began entering into cooperative farming agreements with farmers to manage public lands in the National Wildlife Refuge System for the conservation of migratory birds and wildlife, including at the Umatilla and McNary Refuges in the Pacific Northwest. Most CFAs share identical terms; the Service permits a “cooperator” to farm public land with specific crops that benefit wildlife. There is no payment. Cooperators typically retain 75 percent of the crop yield for their efforts. Hymas sought a cooperator contract. The Service selected other cooperators, but did not use formal procurement procedures or solicit full and open competition. It relied upon its system that gave preference to previous cooperators with a successful record of farming designated areas within the refuge. Hymas did not live adjacent to the refuges and had not previously farmed refuge lands. The Claims Court concluded that it had subject matter jurisdiction under the Tucker Act, 28 U.S.C. 1491(b)(1), to resolve his bid protest and held that the Service violated various federal procurement laws and the Administrative Procedure Act. The Federal Circuit vacated with instructions to dismiss, holding that the CFAs are not subject to Tucker Act review. View "Hymas v. United States" on Justia Law

Abutting landowners claimed that the United States effected a taking of their property without just compensation when it converted a former railroad corridor between Sarasota and Venice, Florida, into a recreational trail pursuant to the National Trails System Act Amendments of 1983, 16 U.S.C. 1247(d), because deeds transferred by their predecessors-in-title to a railroad company granted only easements on their land for railroad purposes and, upon termination of the use of the land as a railroad, left the landowners unencumbered title and possession of their land. The Federal Circuit affirmed partial summary judgment in favor of the government, holding that the owners lacked a property right or interest in the land-at-issue because the railroad company, had obtained fee simple title to the land. The court noted that the state’s highest court has confirmed that, under Florida law, a railroad can acquire either an easement or fee simple title to a railroad right-of-way and that no statute, state policy, or factual considerations prevails over the language of the deeds when the language is clear; the language of the six deeds-at-issue clearly convey fee simple title on their face. View "Rogers v. United States" on Justia Law