United States v. Hiram Webb

This appeal involves a dispute over appellant Webb’s right to occupy certain federal lands within the city limits of Phoenix, Arizona. Webb’s claim for occupancy arises under federal mining laws. He appeals the district court’s denial of leave to amend his pleadings, and its grant of summary judgment for the Government in its action for ejectment.

I.

In 1956, Webb received quitclaim deeds to a series of lode claims on federal public lands open to prospecting and mineral development. Seven of those claims comprise the 140 acres here in dispute.

Shortly after Webb obtained the quitclaim deeds, the United States Bureau of Land Management (BLM) reclassified the federal land encompassing Webb’s claims as suitable for lease and sale for residential purposes. Existing valid mining claims were excepted from the reclassification. After Webb submitted a verified statement of his claims, as required by the reclassification order, the BLM initiated contest proceedings against the claims. In 1957, the BLM complaint against the seven lode claims which encompass the land here in issue was dismissed by the BLM Hearing Examiner. No judgment of validity or invalidity was rendered as to those…