Hunter v. United States Department of Agriculture

• Decision Date: 31 December 1946
• Docket Number: Civ. No. 384.
• Parties: HUNTER et al. v. UNITED STATES DEPARTMENT OF AGRICULTURE et al.
• Court: U.S. District Court — Northern District of Texas

69 F. Supp. 377

HUNTER et al. v. UNITED STATES DEPARTMENT OF AGRICULTURE et al.

Civ. No. 384.

District Court, N. D. Texas, Wichita Falls Division.

December 31, 1946.

Jack Connell, of Wichita Falls, Tex. for plaintiffs.

Robert B. Young, Jr., U. S. Atty., and Frank B. Potter, Asst. U. S. Atty., both of Fort Worth, Tex., for defendants.

ATWELL, District Judge.

Eighty residents of Wichita County, Texas, brought this suit, complaining of the Department of Agriculture, Clinton P. Anderson, Secretary thereof, and allege that the controversy arises over a statute of the United States and the non-compliance therewith by the Secretary of Agriculture, or any other person or agency in his behalf and that such non-compliance has placed a cloud on the title of the real estate owned by them. Title 12 U.S.C.A. Chapter 7, Farm Credit Administration Sec. 640—1.

They allege that it was the ministerial duty of the Regional Director of the Farm Security Administration, or the Secretary of Agriculture, or both, and is presently a ministerial duty. That the compliance is not discretionary.

The exact number and description of the particular unit owned by each of the plaintiffs is set out in detail and each of the plaintiffs' title is in fee simple and is situated in Wichita Valley Farms.

That such Wichita Valley Farms was created as Resettlement Administration by Executive Order No. 7027 on April 30, 1935. That later the functions, powers and duties relating to housing was transferred to the National Housing Agency by Executive Order No. 9070, February 24, 1942, 50 U.S.C.A. Appendix, § 601 note, and thereafter consolidated with other agencies into Food Production Administration of the Department of Agriculture by Executive Order No. 9280, on December 5, 1942, 50 U.S.C.A. Appendix, § 601 note. By Executive Order No. 9322 of March 26, 1943, United States Code Congressional Service, 1943, as amended April 19, 1943, 50 U.S.C.A. Appendix, § 601, note, the Administration was returned to its former status and, subsequently, by Act cited in Farmers' Home Administration Act of 1946, approved August 14, 1946, 7 U.S.C.A. § 1001 et seq., providing for liquidation.

That subsequent to the creation of the Resettlement Administration, a plan of rehousing and subsisting farming by the Resettlement Administration between the time of its creation and September 1, 1937, an experiment known as a Re-settlement project, or, rural rehabilitation, for the benefit of certain of those who had made due application for the occupancy of certain units embodied in the Wichita Valley Farms project who had met the requirements in regard to personal financial status, farming experience, and other requirements peculiarly within the knowledge of the Secretary of the Secretary of Agriculture, and the Re-settlement Administration.

That approximately fifty-six hundred acres of land were platted and dedicated in said county and divided into small farms of various sizes, a part of which is occupied by these plaintiffs, and particularly described herein, and certain improvements erected thereon. That said Administration selected from said applications certain ones for occupancy whom it thought best qualified and who would benefit more than others by reason thereof, to occupy the same with their families and thereby promote the purpose and intention of such rehabilitation and subsisting farming project; that these plaintiffs accordingly occupied such lands and improvements which they own in fee simple, having fully met the requirements of such agencies, and administration, all within the knowledge of the defendant.

That in consideration of such occupancy and their full compliance with the requirements, and to further promote the program, the plaintiffs were led to believe that such places were their future homes and that they would be permitted to own their respective tracts with improvements thereon in fee simple, which was, in fact, a part of the agreement of their occupancy.

That upon the successful termination of their period of experimental occupancy they were given an opportunity to purchase their respective tracts by the Farm Security Administration, acting for the United States Department of Agriculture, all of such tracts embodied within and being a part of said project. That they exercised their right under such opportunity and did purchase the respective farms and the improvements thereon and secured the quitclaim deeds, each reciting a cash consideration in full and the receipt thereof, signed by the United States of America, Department of Agriculture, Farm Security Administration, by Regional Director thereof. That each of the plaintiffs has occupied his respective home and farm from the time they were so selected to do so and such occupancy in each instance is in excess of the period of five years, together with those from whom they obtained title from a common source, to wit, the United States of America, by and through said department, and are subrogated to all of the rights granted to such original purchaser from such common source.

That the United States of America, acting through the Secretary of Agriculture, acting through the Farm Security Administration, by its Regional Director, executed and delivered to each of these plaintiffs such quitclaim deed, including all minerals rights underlying their respective tracts except that there was retained by the grantor, three-fourths of all minerals, oil and gas and others therein specified, leaving only to each plaintiff one-fourth of said minerals, oil and gas. That Sec. 640 — 1, Title 12 U.S.C.A., Banks and Banking, chapter 7, entitled Farm Credit Administration, provides that such deed, or, contract, or, agreement, for the sale of any such real estate, after having been in force for five years, and after the payment of such purchase price, together with all interest, shall be delivered to the purchaser forthwith, without any reservation, exception, condition, or restriction whatever.

That they should have received quitclaim deeds in accordance with the provisions of the law, free and clear of any reservation, and that the retention of the minerals mentioned above is contrary to the requirement of the law.

That the Farmers' Home Administration Act of 1946, transferring powers and functions to and empowering the Secretary of Agriculture to liquidate the assets of such Farm agencies, their Re-settlement and Rehabilitation projects, also contains the direction, that any such "conveyance of real estate by the Government or any Government agency under this Act shall include all mineral rights." That this provision was merely in line with the original provisions of the entire legislation to the effect that the plaintiffs were to receive quitclaim deeds free and clear of any...