Grant M. Acton v. United States v. W. Clifton v. United States

This action was originated by the United States, appellee herein, in condemnation of certain property interests under Title 40 U.S.C. Section 257 , and Title 10, U.S.C. Section 2663 . The appeal is taken from the District Court’s summary judgment entered November 3, 1966, declaring that the cancellation by the United States of appellants’ revocable uranium prospecting permits was not a taking of property under the Fifth Amendment to the Constitution of the United States for which the United States must compensate appellants.

The facts are these:

The Congress, seeking to develop adequate sources of uranium materials within the continental United States, enacted the Atomic Energy Act of 1954, 42 U.S.C. § 2011 et seq. In doing so, Congress recognized that private funds and initiative would be required for such development and authorized a public appeal to individuals to prospect and develop uranium ore bodies on public lands of the United States.

Following enactment of the Atomic Energy Act of 1954, appellants, defend ants below, prospected for uranium ore in the area of the Muggins Mountains of Western Arizona. Prior to that time, on July 1, 1952, Public Land Order No. 848 had…