Klk, Inc. v. United States Department of the Interior

The Department of the Interior appeals interlocutorily from the district court’s order that a plaintiff in an inverse condemnation action under the Mining in the Parks Act, 16 U.S.C. §§ 1901-12 (1988), is entitled to a jury determination of just compensation. We review the question of entitlement to a jury trial in a federal court de novo. SEC v. Rind, 991 F.2d 1486, 1493 (9th Cir.), cert. denied, — U.S. -, 114 S.Ct. 439 , 126 L.Ed.2d 372 (1993). We reverse.

BACKGROUND

KLK owned several unpatented mining claims in the Denali National Park and Preserve in Alaska. The Department of the Interior (“DOI”) effected a “taking” of five of KLK’s claims in January 1992, when it did not approve KLK’s mining plans of operation. Without approval of the plans, no mining operations can be conducted in the National Park System.

Pursuant to Section 11 of the Mining in the Parks Act (“MPA”), 16 U.S.C. § 1910 , KLK brought an inverse condemnation action against the DOI in the United States district court seeking just compensation for the five mining claims. The only issues in dispute were the dates on which the claims were taken and their fair market values. KLK sought a jury determination of…