Adams

Adams v. United States

Good Law
3 F.3d 1254·1993 WL 326945
United States Court of Appeals for the Ninth CircuitAugust 31, 1993Nos. 91-16762, 91-16840California3,512 words

Opinion

Lead Opinion

Beezer, J.

Lester and Jean Adams own two nonconti-guous tracts of land in .Nevada surrounded by the Toiyabe National Forest. The Adamses brought this action against the United States Forest Service for quiet title to certain land they claimed was erroneously surveyed, an easement for ingress and egress to their land pursuant to the former provisions of Revised Statute 2477, 43 U.S.C. § 932 (1970), and an easement to transport water between the two parcels of land. The United States counterclaimed, asserting that the Adamses had trespassed on National Forest land. The United States sought an injunction and damages for the trespass.

The district court held that the statute of limitations barred the Adamses’ quiet title claim. Adams v. United States, 687 F.Supp. 1479, 1488 (D.Nev.1988). It also determined that the Adamses had no right to maintain an easement over the Forest Service road to their land, enjoined the Adamses from using and maintaining the easement without prior approval, and held that the Adamses owed the United States $11,000 for damage to the National Forest. The court also held that the Adamses had an easement to transport water between the two parcels. The Adams-es moved for…

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