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U.S. v. JENKS

No. 96-2106.

129 F.3d 1348 (1997)

UNITED STATES of America, Plaintiff-Counter-Defendant-Appellee, v. Randolph JENKS, Defendant-Counter-Claimant-Appellant.

United States Court of Appeals, Tenth Circuit.

November 17, 1997.

Attorney(s) appearing for the Case

William B. Lazarus, Department of Justice, Washington, DC (Lois J. Schiffer, Asst. Atty. Gen. and Robert L. Klarquist, Department of Justice, Washington, DC, and John W. Zavitz, Asst. U.S. Atty., Albuquerque, New Mexico, with him on the brief), for Plaintiff-Counter-Defendant-Appellee.

Steven J. Lechner (William Perry Pendley with him on the brief), of Mountain States Legal Foundation, Denver, Colorado, for Defendant-Counter-Claimant-Appellant.

Before PORFILIO, ANDERSON, and BALDOCK, Circuit Judges.

BALDOCK, Circuit Judge.

Defendant Randolph Jenks owns three ranches in Catron County, New Mexico — Centerfire Bog Ranch, Double J. Ranch, and Patruff Ranch. All three ranches are "inholdings" in that they are encompassed within the Apache National Forest and Gila River Forest Reserve. Consequently, Jenks must cross federal lands to reach each of his three ranches. Jenks may reach Centerfire Bog Ranch by Centerfire Bog Road, as well as by a northern access road...

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