Tuesday, July 1st, 2008...5:07 am
DAlaska: Abandonment of Mining Claims
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A miner challenged BLM’s “abandonment” of his claims for failure to timely file annual paperwork. Judge John Sedwick has now granted the agency’s motion to dismiss, holding that the District Court lacks subject matter jurisdiction of the damages claim over $10,000; the absence of a state actor precludes a Section 1983 claim; and “abandonment” under the FLPMA is not “punishment” and therefore doesn’t violate the Excessive Fines clause of the 8th Amendment.
Glassburn v. U. S. Bureau of Land Management, 2008 WL 2561590 (D.Alaska June 25, 2008)
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