Ninth Circuit· 10/2/2008

McFarland v. Kempthorne

Citations

545 F.3d 1106
38 Envtl. L. Rep. (Envtl. Law Inst.) 20255
2008 U.S. App. LEXIS 20811
2008 WL 4426628

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

concluding that “unless an easement existed at the time of the grant [under the Homestead Act], McFarland holds no easement.”
concluding that “unless an easement existed at the time of the grant [under the Homestead Act], McFarland holds no easement.”
holding that access across USFS property to landlocked parcel by nonmotorized transportation such as snowshoe, horse, cross-country skis, or sled dogs, in winter months, constituted access to property no matter how inconvenient
“Even where a statutory right of access exists, the [federal agency] has broad discretion to regulate its use.”
federal law governs claim of easement over lands owned by the United States

Source: CourtListener parenthetical corpus (CC0).

Judges: Alarcón, Graber, Rawlinson

Read full opinion on CourtListener

Cited by

21 cases in this archive cite this case; the 20 most cited are listed.

Cites

23 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named McFarland v. Kempthorne

2 other CourtListener records share this case name.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.