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Landowner can sue over retaliation for invoking right to exclude.
- Article from:
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Land Use Law Report
- Article date:
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February 8, 2006
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Copyright informationCOPYRIGHT 2006 Business Publishers, Inc. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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The 10th U.S. Circuit Court of Appeals has ruled a landowner who claims employees of the federal Bureau of Land Management retaliated against him after he refused to grant the bureau a right-of-way across his land stated claims under the Racketeer Influenced and Corrupt Organizations Act (RICO) and the Fifth Amendment (Robbins v. Wilkie, No. 04-8016, Jan. 10, 2006).
Harvey Robbins owns and operates a cattle and guest ranch in Wyoming. His predecessor in title had granted BLM a non-exclusive access easement along a road to the ranch, but BLM failed to record it in county records. Consequently, Robbins had no notice of the easement when he took title. Under Wyoming law, he ...