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CABOOSE MINING COMPANY v. U.S. FOREST SERVICE

Montana
Issue: Whether an owner of private property surrounded by National Forest lands has the right to improve an existing road to its property in order to access the land?
Plaintiff: Caboose Mining Company
Defendant: U.S. Forest Service
Court: None
Status: On August 3, 2010, Caboose Mining requested that the Forest Service resume processing its application for a right-of-way to access its property.
Next Event: Decision on application
History: Caboose Mining Company owns a patented lode mining claim dating back almost 100 years in the Lolo National Forest of western Montana. On May 18, 2005, Caboose Mining filed an application with the U.S. Forest Service to improve an existing access road to reach its property so that it may develop its claim. On August 4, 2005, the Forest Service rejected the application stating that the proposed road construction was not justified on the basis of what is known of the nature and extent of mineral resources on the land. Specifically, Forest Service geologists stated that there are no mineral indications on the property; however, the geologists performed no mineral sampling. On September 12, 2005, Caboose Mining filed an appeal. On October 18, 2005, the Forest Service denied the appeal and demanded that Caboose Mining reapply, which it did on October 25, 2006. That appeal was denied.

On October 24, 2008, Caboose sent a cost-recovery fees dispute letter to the Forest Supervisor and on December 26, 2008, the Forest Service denied Caboose's request. Discussions regarding the inholding continued.



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