Kane County, Utah v. United States

by
In April of 2008, Kane County Utah brought an action under the Quiet Title Act (QTA), 28 U.S.C. 2409a, to quiet title to five roads or road segments. It later amended its complaint to cover a total of fifteen roads or road segments. The QTA contains a limited waiver of sovereign immunity for the settlement of property claims against the United States. This case centered on a dispute between Kane County (joined by the State of Utah as intervenors) and the United States over the existence and breadth of the County’s rights-of-way on federally owned land in Southern Utah. In 2013, the district court issued two final orders giving rise to the issues presented to the Tenth Circuit on appeal. After review, the Tenth Circuit found that the district court erred in allowing for unspecified improvements in setting the widths of the rights-of-way on Skutumpah, Swallow Park and North Swag roads. The case was remanded on the question of the scope of the R.S. 2477 rights-of-way on these roads. The County did not explain how it arrived at “disputed title” to Sand Dunes, Hancock or the Cave Lakes roads; the Tenth Circuit concluded the district court and find it had no jurisdiction over the QTA claims to Sand Dunes and Hancock roads and reversed its decision with respect to those roads. The Court affirmed the district court in all other respects, and remanded the case for further proceedings. View "Kane County, Utah v. United States" on Justia Law