James Grill v. USA

facts that would establish the timeliness of the claim,” Supermail Cargo, Inc. v.

United States, 68 F.3d 1204, 1207 (9th Cir. 1995).

Grill filed his complaint on March 25, 2020. Because Grill raises a claim to

an easement, his claim is barred by the QTA’s statute of limitations if he “knew or

should have known the government claimed the exclusive right to deny [his]

historic access” twelve years prior to the filing of his complaint (i.e., before March

25, 2008). Michel v. United States, 65 F.3d 130, 132 (9th Cir. 1995); see

U.S.C. § 2409a(g).

Before March 25, 2008, the Forest Service’s special use permit and letters to

Grill regarding his access to his property and the status of his permit were

2 “consistent with the Forest Service acting in a regulatory capacity (i.e., requiring a

permit for further use), instead of in the capacity of a landowner claiming

exclusive rights.”1 Skranak v. Castenada, 425 F.3d 1213, 1217 (9th Cir. 2005).

Such government regulation of an easement across National Forest System land is

not an assertion of an exclusive right to deny access and so is insufficient to start

the QTA’s limitations period. See McFarland v. Norton, 425 F.3d…