Robert Luciano, Jr. v. United States

MEMORANDUM

Plaintiff Robert Luciano, Jr. appeals the district court’s summary judgment in favor of the United States and various other federal defendants. We affirm.

Luciano first argues that the Forest Service’s denial of his 2007 Small Tract Act Application for a boundary adjustment was arbitrary and capricious. The Forest Service is authorized by 16 U.S.C. § 521d(l) to exchange National Forest lands in certain circumstances, including “parcels of ten acres or less which are encroached upon by improvements occupied or used under claim or color of title.” 16 U.S.C. § 521e. The party seeking the boundary adjustment must have had “no advance notice .., that the improvements encroached or would encroach upon” National Forest land. Id. The Forest Service determined that Luciano had advance notice of the encroachment as a result of a 1993 boundary survey that was recorded in Plumas County approximately two years before Luciano purchased his property. The Forest Service’s denial of his application was neither arbitrary nor capricious.

Second, Luciano argues that the Forest, Service’s denial of his proposal to exchange a parcel of land located in the Middle Fork of the Feather River…