Newspaper article from our research archive:

Landowner can sue over retaliation for invoking right to exclude.

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 ...

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