Sweeten v. United States Department of Agriculture Forest Service
Opinion of the Court
This case involves a boundary line dispute between appellants and the United States Forest Service over a mountainous tract of land in Summit County, Utah. At issue is the proper location of the north-south center line of Section 8, Township 1 South, Range 7 East, Salt Lake Meridian, which divides national forest land and appellants’ land.
The land in question was first surveyed for the United States in 1893 by Mr. Jessen, and was patented to appellants’ predecessors in interest in 1902. The Bureau of Land Management carried out a dependent resurvey
The district court denied appellants’ claim to the disputed land and quieted title in the United States of America. The court’s decision was based on its factual finding that Mr. Chappell’s dependent resurvey correctly reestablished the Nl/4 corner in the position Mr. Jessen placed it in his original survey. This finding was based on evidence that when Mr. Chappell retraced Mr. Jes-sen’s north section line, he achieved a high degree of correlation of calls and bearings to unchanging topographic features. Entries in Mr. Chappell’s field notes describe finding the Nl/4 corner marking stone lying loosely on the ground, and apparently not in its original position. Mr. Chappell treated the marking stone as a spurious monument and then followed the legally sanctioned method of reestablishing the Nl/4 corner by proportionate measure. 43 U.S.C. § 752; see United States v. Doyle, 468 F.2d 633, 638 (10th Cir. 1972). As Mr. Chappell reestablished the Nl/4 corner at the midpoint along a straight line between the original Jessen monuments for the NE and NW corners, the distance from the Nl/4 point to a stream corresponds closely to the distance reported by Mr. Jessen from his original Nl/4 monument to the stream. Record, vol. 2, at 250. The district court also determined that Mr. Manning, of the Forest Service, followed the legally sanctioned procedures in surveying in the north-south center section line by running a straight line between the reestablished Nl/4 corner and the original Jessen Sl/4 corner. 43 U.S.C. § 752.
The actual location of a disputed boundary line is a question of fact. United States v. State Investment Co., 264 U.S. 206, 211, 44 S.Ct. 289, 290, 68 L.Ed. 639 (1924); United States v. Doyle, 468 F.2d 633, 636 (10th Cir. 1972). The district court’s findings of fact will not be disturbed on appeal unless they are clearly erroneous. Fed.R.Civ.P. 52(a). After reviewing the factual findings of the trial court regarding the location of the north-south center line, we conclude that the district court’s findings are not clearly erroneous, and are sufficient to support the court’s acceptance of the resurvey as establishing the correct boundary line between appellants’ land and United States Forest Service land.
The district court also determined that the government resurvey merely retraced and reestablished the original Jessen survey, and therefore that the proviso of 43 U.S.C. § 772 provides no relief to appellants. Appellants argue, however, that the reestablished center section line impairs their rights because it reduces the total amount of land conveyed by the original patent from the United States. That patent described the land conveyed not just in terms of legal subdivisions or references to government land surveys, but also described a certain acreage that the patent purported to convey.
The trial court also rejected appellants’ argument that the fence line provides a basis for an action against the United States on the grounds of adverse possession and boundary by acquiescence. The Supreme Court has ruled that no title to public lands can be obtained by adverse possession, laches, or acquiescence. United States v. California, 332 U.S. 19, 39-40, 67 S.Ct. 1658, 1668, 91 L.Ed. 1889 (1947). The district court therefore properly rejected these claims.
Appellants also claim that the government is equitably estopped to deny that the fence line constitutes the true boundary because the United States Forest Service, through its agents and employees, either acquiesced in their treating or induced them to treat the fence line as the boundary. We agree with the Ninth Circuit, however, that in addition to establishing the traditional elements of estoppel,
AFFIRMED.
. The power to conduct resurveys is vested in the Secretary of the Interior by 43 U.S.C. § 772, which provides in pertinent part:
The Secretary of the Interior may, as of March 3, 1909, in his discretion cause to be made, as he may deem wise under the rectangular system on that date provided by law, such resurveys or retracements of the surveys of public lands as, after full investigation, he may deem essential to properly mark the boundaries of the public lands remaining undisposed of ....
. This section provides in pertinent part that “[t]he United States may be named as a party
. The land patented is described in the following language:
North East quarter of the North West quarter, the South half of the North West quarter and the North East quarter of the South West quarter of Section Eight in Township*682 one South of Range Seven East of Salt Lake Meridian in Utah Containing one hundred and Sixty acres.
Plaintiffs Ex. 16.
. This court has in the past accepted reliance on stated acreage as being less persuasive in the face of other elements of land descriptions. United States v. Reimann, 504 F.2d 135, 140 (10th Cir. 1974).
. The traditional elements of estoppel are:
(1) The party to be estopped must know the facts; (2) He must intend that his conduct shall be acted on or must so act that the party asserting the estoppel has a right to believe it is so intended; (3) The latter must be ignorant of the true facts; and (4) He must rely on the former’s conduct to his injury.
United States v. Ruby Co., 588 F.2d 697, 703 (9th Cir. 1978), cert. denied, 442 U.S. 917, 99 S.Ct. 2838, 61 L.Ed.2d 284 (1979).
Concurring in Part
concurring in part and in the result, and dissenting in part:
I concur in all aspects of Judge McKay’s opinion and in the result reached, except the adoption of the additional showing of “affirmative misconduct” above and beyond the four traditional elements of estoppel required in an action against the govern
I do not believe that the requirement of the “affirmative misconduct” showing is justified. Instead, I would apply the traditional elements of estoppel in actions against the government and measure their application to the facts in order to effect justice and fair play, unless there exist compelling reasons of public policy for refusal to apply estoppel against the government.
Reference
- Full Case Name
- Beth H. SWEETEN, Gordon P. Owen, Jr., and Carolyn Owen, his wife v. UNITED STATES DEPARTMENT OF AGRICULTURE FOREST SERVICE, Verlin Bowcutt and Jeannette Bowcutt, his wife
- Cited By
- 7 cases
- Status
- Published