877 F.2d 64 (9th Cir. 1989), 87-4424, Ramsey v. U.S.

Docket Nº:87-4424.
Citation:877 F.2d 64
Party Name:Josephine RAMSEY, for herself and on behalf of All Others Similarly Situated, Plaintiff-Appellant, v. UNITED STATES of America, Donald P. Hodel, as Secretary of the Interior, the District Court of the Second Judicial District of the State of Idaho in and for the County of Nez Perce; Lewiston Orchards Irrigation District, Defendants-Appellees.
Case Date:June 09, 1989
Court:United States Courts of Appeals, Court of Appeals for the Ninth Circuit
 
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Page 64

877 F.2d 64 (9th Cir. 1989)

Josephine RAMSEY, for herself and on behalf of All Others Similarly Situated, Plaintiff-Appellant,

v.

UNITED STATES of America, Donald P. Hodel, as Secretary of the Interior, the District Court of the Second Judicial District of the State of Idaho in and for the County of Nez Perce; Lewiston Orchards Irrigation District, Defendants-Appellees.

No. 87-4424.

United States Court of Appeals, Ninth Circuit

June 9, 1989

Editorial Note:

This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA9 Rule 36-3 regarding use of unpublished opinions)

Decided June 13, 1989.

D.Idaho

AFFIRMED.

Appeal fro the United States District Court for the District of Idaho.

Harold L. Ryan, District Judge, Presiding.

Before GOODWIN, WRIGHT and WILLIAM A. NORRIS, Circuit Judges.

MEMORANDUM [**]

The issue in this case is whether, under the Quiet Title Act, 28 U.S.C. § 2409a(f), Josephine Ramsey's predecessors in title "knew or should have known" of the claim of the United States to the disputed property twelve years before this action was commenced in 1985. We apply a test of reasonableness to the question whether someone "should have known" that the government was asserting an adverse interest in property. State of California v. Yuba Goldfields, Inc., 752 F.2d 393, 396 (9th Cir.1985).

The undisputed facts show that the United States had recorded a deed with the Nez Perce County Recorder indicating the United States as holding title to the 54-acre parcel; that the parcel has been operated by LOID as an irrigation district for many years, with the assistance of the United States from 1948 to 1951; and that the probate order sent to Mazie Ramsey in 1972 expressly excluded the parcel from the trust estate in allotment 267.

These facts, combined, gave notice to Josephine Ramsey's predecessors that the United States had an adverse claim to the 54-acre parcel. Under Idaho law, a recorded instrument gives effective notice to all persons who acquire an interest in the property after the recording. Lockhart v. B.F.K., Ltd., 691 P.2d 1248, 1251 (Idaho App.1984). The United States' deed, recorded in 1948, gave notice of the government's interest to Mazie Ramsey, who inherited the...

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