United States v. 62.57 Acres of Land in Yuma County, Arizona, Fort Yuma Land and Investment, Inc.

The United States seeks title, by this combined condemnation-ejectment action, to 145 acres of land on the west side of the Colorado River, but in Yuma County, Arizona. This land is presently occupied by the Fort Yuma Land and Investment, Inc. The United States as appellant claims title to the property as accretion to federal lands riparian to the river on the California side. The appel-lees claim title to the same land by virtue of two patents issued to their predecessors in title. They contend that when the two patents issued there was a small portion of the patented land which was on the California side. From this riparian foothold appellees claim the lands by accretion and deny the claim of the United States for lack of riparian ownership.

The United States District Court during the trial made findings of some facts which were undisputed and entered an order consisting of twelve items which it stated involved controlling questions of law as to which there was a substantial ground for difference of opinion, and that an immediate appeal from the order might materially advance the ultimate termination of the litigation. Under 28 U.S.C. § 1292 (b) an interlocutory appeal was…