Charles W. Deboer v. United States of America and State of Alaska
Opinion
Opinion
Schroeder, J.
Charles W. DeBoer appeals from the judgment of the district court in a quiet title action brought by him against the United States under 28 U.S.C. § 2409a. DeBoer v. United States, 470 F.Supp. 1137 (D.Alaska 1979).
The parties, including an intervening party, the State of Alaska, dispute title to 105.22 acres of land which accreted to appellant’s federal homestead on the north shore of Icy Strait near Gustavus, Alaska. Based on a 1920 survey, the 1961 federal land patent that granted appellant title to his homestead showed 165.05 acres, delineated in part by a meander line representing the seaward boundary. In 1959, when appellant made a homestead entry on the land, 105.22 additional acres had accreted along the seaward boundary. On cross-motions for summary judgment, the district court found that a previous decision of this Court, Wittmayer v. United States, 118 F.2d 808 (9th Cir. 1941), compelled the conclusion that title vested in the United States because the accretion was substantial in relation to the original survey. Because we conclude that under Wittmayer and subsequent authorities, additional factors should be examined, we remand.