Harold Hammond v. County of Madera, and James G. Watts, Secretary of the Interior, Real-Parties-In-Interest-Appellees

Beneficial owners, of an Indian land allotment appeal (1) the trial court’s Findings of Fact and Conclusions of Law denying their claim under 42 U.S.C. § 1983 , and (2) the inadequacy of the court’s damage award in their trespass action.

FACTS

On April 16, 1920, the United States issued a trust patent pursuant to federal law to Frank Hammond for a land allotment referred to as SAC-107. Plaintiffs/appellants, nine Chickchansi Indians, received their interests in SAC-107 through intestate succession from the heirs of Frank Hammond’s estate. The United States holds the legal title to the allotment in trust for the appellants, who are the beneficial owners of the land. Defendant County of Madera (“County”) is a political subdi vision of the State of California with a governing body organized under the Constitution and laws of the state.

Appellants filed the complaint on April 29, 1983 and their amended complaint on November 7, 1985. They alleged that the County trespassed upon their allotment by constructing, maintaining and utilizing County Roads 422, 423, and 426. They further alleged that County officials, in attempting to secure a right-of-way across the allotment and…