locke
argued
november
decided
april
section
federal
land
policy
management
act
flpma
establishes
federal
recording
system
designed
rid
federal
lands
stale
mining
claims
provide
federal
land
managers
information
allows
make
informed
land
management
decisions
section
requires
mining
claims
located
prior
flpma
enactment
initially
recorded
bureau
land
management
blm
within
three
years
enactment
requires
claimant
year
initial
recording
prior
december
every
year
file
state
officials
blm
notice
intention
hold
claim
affidavit
assessment
work
performed
claim
detailed
reporting
form
section
provides
failure
comply
either
requirements
shall
deemed
conclusively
constitute
abandonment
claim
appellees
purchased
mining
claims
complied
initial
recording
requirement
failed
meet
time
first
annual
filing
requirement
filing
blm
december
subsequently
blm
notified
appellees
claims
declared
abandoned
void
due
tardy
filing
unsuccessful
administrative
appeal
appellees
filed
action
federal
district
alleging
effected
unconstitutional
taking
property
without
compensation
denied
due
process
district
issued
summary
judgment
appellees
favor
holding
created
impermissible
irrebuttable
presumption
claimants
fail
make
timely
filing
intended
abandon
claims
alternatively
held
late
filing
substantially
complied
implementing
regulations
held
section
plain
language
prior
december
read
conjunction
blm
regulations
makes
clear
annual
filings
must
made
december
thus
blm
act
ultra
vires
concluding
appellees
filing
untimely
pp
congress
intended
extinguish
claims
timely
filings
made
specific
evidence
intent
abandon
made
irrelevant
failure
file
time
causes
claim
lost
pp
annual
filing
deadline
complied
substantially
otherwise
filing
late
even
one
day
pp
section
unconstitutional
pp
congress
well
within
affirmative
powers
enacting
filing
requirement
imposing
penalty
extinguishment
applying
requirement
sanction
claims
located
flpma
enacted
pp
appellees
property
loss
one
avoided
minimal
burden
failure
file
time
congress
action
caused
property
rights
extinguished
regulation
property
rights
take
private
property
individual
reasonable
expectations
continue
realized
long
complies
reasonable
regulations
pp
flpma
provides
appellees
process
constitutional
due
act
recording
provisions
clearly
afford
within
act
reach
reasonable
opportunity
familiarize
general
requirements
imposed
comply
requirements
act
constitutes
purely
economic
regulation
congress
entitled
conclude
preferable
place
substantial
portion
burden
claimants
make
national
recording
system
work
pp
marshall
delivered
opinion
burger
white
blackmun
rehnquist
joined
filed
concurring
opinion
post
powell
filed
dissenting
opinion
post
stevens
filed
dissenting
opinion
brennan
joined
post
carolyn
corwin
argued
cause
appellants
briefs
solicitor
general
lee
assistant
attorney
general
habicht
deputy
solicitor
general
claiborne
david
shilton
arthur
gowran
harold
swafford
argued
cause
appellees
brief
john
hoffman
laurens
silver
john
leshy
filed
brief
sierra
club
amicus
curiae
urging
reversal
briefs
amici
curiae
urging
affirmance
filed
state
nevada
brian
mckay
attorney
general
james
smith
deputy
attorney
general
alaska
miners
association
et
al
ronald
zumbrun
robin
rivett
colorado
mining
association
randy
parcel
mobil
oil
stephen
alfers
william
hillhouse
ii
mountain
legal
foundation
preston
oade
justice
marshall
delivered
opinion
primary
question
presented
appeal
whether
constitution
prevents
congress
providing
holders
unpatented
mining
claims
fail
comply
annual
filing
requirements
federal
land
policy
management
act
flpma
shall
forfeit
claims
enactment
general
mining
laws
century
sought
make
living
locating
developing
minerals
federal
lands
virtually
unconstrained
fetters
federal
control
general
mining
laws
et
still
effect
today
allow
citizens
go
onto
unappropriated
unreserved
public
land
prospect
develop
certain
minerals
discovery
mineral
deposit
followed
minimal
procedures
required
formally
locate
deposit
gives
individual
right
exclusive
possession
land
mining
purposes
long
assessment
work
performed
annually
individual
may
continue
extract
sell
minerals
claim
without
paying
royalty
nominal
sum
certain
statutory
conditions
fulfilled
individual
may
patent
claim
thereby
purchasing
federal
government
land
minerals
obtaining
ultimate
title
patenting
however
required
unpatented
mining
claim
remains
fully
recognized
possessory
interest
best
humboldt
placer
mining
become
clear
regime
created
virtual
chaos
respect
public
lands
estimated
million
unpatented
mining
claims
existed
public
lands
national
forests
addition
half
land
national
forest
system
thought
covered
claims
many
claims
dormant
decades
many
invalid
reasons
absence
federal
recording
system
simple
way
existed
determining
public
lands
subject
mining
locations
whether
locations
valid
invalid
ibid
result
federal
land
managers
proceed
slowly
cautiously
taking
action
affecting
federal
land
lest
federal
property
rights
claimants
unlawfully
disturbed
time
bureau
land
management
blm
proposed
sale
conveyance
federal
land
title
search
county
recorder
office
necessary
outstanding
mining
claim
found
matter
stale
apparently
abandoned
formal
administrative
adjudication
required
determine
validity
claim
decade
studying
problem
context
broader
inquiry
proper
management
public
lands
modern
era
congress
enacted
flpma
pub
stat
codified
et
section
act
establishes
federal
recording
system
designed
rid
federal
lands
stale
mining
claims
provide
federal
land
managers
information
allows
make
informed
land
management
decisions
claims
located
flpma
enactment
federal
recording
system
imposes
two
general
requirements
first
claims
must
initially
registered
blm
filing
within
three
years
flpma
enactment
copy
official
record
notice
certificate
location
stat
second
year
initial
recording
prior
december
every
year
claimant
must
file
state
officials
blm
notice
intention
hold
claim
affidavit
assessment
work
performed
claim
detailed
reporting
form
stat
section
act
provides
failure
comply
either
requirements
shall
deemed
conclusively
constitute
abandonment
mining
claim
owner
second
requirements
annual
filing
obligation
created
dispute
underlying
appeal
appellees
four
individuals
engaged
business
operating
mining
properties
nevada
purchased
unpatented
mining
claims
public
lands
near
ely
nevada
claims
major
sources
gravel
building
material
claims
valued
several
million
dollars
assessment
year
alone
appellees
gross
income
totaled
million
throughout
period
owned
claims
appellees
complied
annual
filing
assessment
work
requirements
addition
appellees
satisfied
flpma
initial
recording
requirement
properly
filing
blm
notice
location
thereby
putting
claims
record
purposes
flpma
end
however
appellees
failed
meet
time
first
annual
obligation
file
federal
government
allegedly
receiving
misleading
information
blm
employee
appellees
waited
december
submit
blm
annual
notice
intent
hold
proof
assessment
work
performed
required
flpma
noted
section
requires
documents
filed
annually
prior
december
appellees
checked
discovered
blm
regulations
made
quite
clear
claimants
required
make
annual
filings
proper
blm
office
december
calendar
year
cfr
current
version
cfr
thus
appellees
filing
one
day
late
fact
brought
painfully
home
appellees
received
letter
blm
nevada
state
office
informing
claims
declared
abandoned
void
due
tardy
filing
many
cases
loss
claim
way
minimal
practical
effect
claimant
simply
locate
claim
rerecord
blm
case
however
relocation
appellees
claims
initially
located
appellees
predecessors
prohibited
common
varieties
act
act
prospectively
barred
location
sort
minerals
yielded
appellees
claims
appellees
mineral
deposits
thus
escheated
government
losing
administrative
appeal
appellees
filed
present
action
district
district
nevada
complaint
alleged
inter
alia
effected
unconstitutional
taking
property
without
compensation
denied
due
process
summary
judgment
district
held
indeed
deprive
appellees
process
constitutionally
due
supp
district
reasoned
created
impermissible
irrebuttable
presumption
claimants
failed
make
timely
filing
intended
abandon
claims
rather
relying
presumption
government
obliged
district
view
provide
individualized
notice
claimants
claims
danger
lost
followed
hearing
claimants
demonstrate
fact
abandoned
claim
alternatively
district
held
late
filing
substantially
complied
act
regulations
district
held
act
congress
unconstitutional
civil
suit
party
noted
probable
jurisdiction
reverse
ii
appeal
brings
merely
constitutional
question
decided
entire
case
mclucas
dechamplain
raines
entire
case
includes
nonconstitutional
questions
actually
decided
lower
well
nonconstitutional
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presented
passed
lower
clark
principles
important
aids
prudential
exercise
appellate
jurisdiction
case
arrives
appeal
pass
constitutionality
act
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construction
act
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possible
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ground
fairly
available
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question
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see
heckler
mathews
johnson
robison
cf
congress
industrial
organizations
appeals
former
criminal
appeals
act
see
generally
ashwander
tva
brandeis
concurring
thus
turn
first
nonconstitutional
questions
pressed
iii
district
appellees
asserted
requirement
filing
prior
december
year
construed
require
filing
december
thus
appellees
argued
december
filing
fact
complied
statute
blm
acted
ultra
vires
voiding
claims
although
district
address
argument
argument
raises
question
sufficiently
legal
nature
choose
address
even
absence
lower
analysis
see
clark
supra
clear
us
plain
language
statute
simply
sustain
gloss
appellees
put
even
counsel
appellees
conceded
oral
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statement
congress
wanted
filed
december
think
clear
statement
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oral
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see
also
literal
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require
december
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allow
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railroad
retirement
board
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stevens
concurring
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filing
deadlines
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nothing
legislative
history
suggests
congress
chose
december
december
september
end
assessment
year
mining
claims
last
day
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eadlines
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blm
regulations
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since
enactment
flpma
prior
december
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says
current
version
filing
regulations
owner
unpatented
mining
claim
located
federal
lands
shall
filed
caused
filed
december
calendar
year
evidence
annual
assessment
work
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previous
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year
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intention
hold
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emphasis
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vlandis
kline
cleveland
bd
education
lafleur
nothing
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right
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footnotes
text
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mining
claims
filing
requirements
owner
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placer
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claim
located
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claims
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december
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december
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claims
warning
deadline
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december
unusual
facts
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appellees
suggest
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placer
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prior
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thereafter
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placer
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claim
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following
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claim
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instruments
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hold
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claim
including
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lands
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placer
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claim
mill
tunnel
site
located
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claim
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tribal
business
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stevens
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mountain
mineral
law
institute
july
plain
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rocky
mountain
mineral
law
institute
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omitted
clark
escambia
county
mcmillan
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curiam
see
also
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tva
brandeis
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