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Sunrise Valley Ltd. Liab. Co. v. Kempthorne

ELR Citation: 38 ELR 20120
Nos. No. 06-4188, (10th Cir., 05/20/2008)

The Tenth Circuit affirmed a lower court decision dismissing property owners' action to quiet title in its favor to all of the sand, gravel, and rock that is located on their real property. It is undisputed that sand, gravel, and rock can be taken from the soil and used for commercial purposes. Consequently, they are minerals in which the government has an express reservation on land patents issued under the Stock-Raising Homestead Act.