Romans

Romans v. United States Forest Service

Good Law
324 F. App'x 590
United States Court of Appeals for the Ninth CircuitApril 27, 2009Nos. 08-35327, 08-35255California284 words

Opinion

Lead Opinion

MEMORANDUM **

Kester C. Romans, Jr. appeals pro se from the district court’s judgment partially dismissing and partially granting summary judgment in his action alleging, inter alia, that the United States Forest Service (“USFS”) denied him access to his real property. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Barnett v. Centoni, 31 F.3d 813, 815, 816 (9th Cir.1994) (per curiam). We affirm.

The district court properly granted summary judgment on Romans’s claims under the Alaska National Interests Lands Conservation Act because Romans was provided reasonable access to his property via a USFS approved private road. See 16 U.S.C. § 3210 (a) (requiring access to non-federally owned land within the boundaries of the National Forest System must be provided to secure the owner reasonable use and enjoyment thereof). The district court properly concluded that the conditions placed on Romans’s use of this road were reasonable. See 36 C.F.R. § 251.114 (b), (d), (e) (authorizing the USFS to subject private road access to the payment of fees and costs, and permitting the creation of cooperative management arrangements to ensure landowner responsibilities are met);…

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