Kemmerer Coal Co. v. Brigham Young University, 81-1477
Decision Date | 30 November 1983 |
Docket Number | No. 81-1477,81-1477 |
Parties | The KEMMERER COAL COMPANY, a Wyoming corporation, Plaintiff-Appellee, v. BRIGHAM YOUNG UNIVERSITY, a Utah corporation, and Duane A. Frandsen and Velma B. Frandsen, his wife, Defendants-Appellants. |
Court | U.S. Court of Appeals — Tenth Circuit |
Clark R. Nielsen, Salt Lake City, Utah (Arthur H. Nielsen, Salt Lake City, Utah, with him on brief), of Nielsen & Senior, Salt Lake City, Utah, for defendants-appellants.
Claron C. Spencer, Salt Lake City, Utah (Keith W. Meade, Salt Lake City, Utah, with him on brief), of Spencer & Brown, Salt Lake City, Utah, for plaintiff-appellee.
Before McWILLIAMS, DOYLE and SEYMOUR, Circuit Judges.
The ultimate question in this quiet title diversity action is which of the parties will suffer the consequences of an assessor's mistake. Plaintiff Kemmerer Coal Company (Kemmerer) and defendants Brigham Young University and Duane and Velma Frandsen (collectively referred to as "BYU") contest under Utah law the ownership of coal deposits to which both plaintiff and defendants hold title. Kemmerer traces its title to a 1907 coal deed, while BYU traces title to a 1954 tax sale deed conveying "underground rights" in the lands in question. BYU appeals from the trial court's grant of summary judgment quieting title in Kemmerer, arguing, inter alia, that Kemmerer's suit is barred by statutes of limitation. We agree and reverse.
The lands containing the contested coal are located in Emery County, Utah. Both Kemmerer and BYU trace title back to Lewis Edwards, who originally owned both the surface and the underground rights.
In 1907, Lewis Edwards conveyed "the coal of every kind and nature, lying and being beneath the surface of the ground" to Ira Browning by deed recorded August 6 in the office of the Emery County Recorder. Rec., vol. I, at 43. In 1909, Browning conveyed the coal rights in the N 1/2 of Section 28 to the San Rafael Fuel Company using identical words of conveyance. San Rafael properly recorded the deed. It held the coal rights until 1958, but never mined or developed the coal. In 1958, it gave Kemmerer a quitclaim deed to the NE 1/4 of Section 28, which Kemmerer recorded in the Emery County Recorder's office.
In 1908, Lewis Edwards gave George Edwards a warranty deed to "[t]he East half of the North East Quarter of Section 28." Id. at 52. The deed, recorded on November 6, 1911, contained no reservation of any coal or mineral rights, and made no mention of the coal rights conveyed to Browning the previous year. The described lands were subsequently conveyed in several recorded transactions, ending for our purposes with a conveyance to John S. Lewis.
In 1936, the county assessed the "coal lands" in the entire NE 1/4 of Section 28 separately from the surface rights. However, the "coal lands" assessment was made to John S. Lewis, Joseph Jensen, and Lyle Jensen, the then surface owners. Lewis and the Jensens did not pay the $17.11 assessment. On December 31, 1936, the Emery County Treasurer sold the "NE 1/4 of Sec. 28 ... Containing 160 acres (Underground)" to Emery County for $18.26, subject to a four-year redemption period. The property was not redeemed, and in 1941 the county received an Auditor's Tax Deed to the property described above. The deed recites that the subject property (which includes the property herein claimed by Kemmerer) had been sold for taxes "assessed in the name of John S. Lewis et al as owner for the year 1936," and that notice of the assessment and foreclosure proceedings had been given to "John S. Lewis et al." Id. at 62.
In 1954, Emery County issued G. Pete Frandsen a Tax Deed to the "North 60 rds of the NE 1/4 of NE 1/4 of Sec. 28 ... Underground Rights Only." Id. at 64. After subsequent recorded transactions, the "underground coal rights" in the west half of the subject lands were conveyed in 1975 to BYU for "$10.00 and other good and valuable consideration, as a gift and donation." Id. at 68.
Kemmerer brought this action in district court to quiet title to its interest in the coal rights. Neither the surface rights nor minerals other than coal are in dispute. The trial court granted Kemmerer's motion for summary judgment. In reciting the undisputed facts, the court recognized that the "coal lands" were assessed in 1936 to John S. Lewis and the other surface owners; that no assessment of the coal was made to San Rafael Fuel Company, the record owner of the coal interest; and that no notice of the assessment to Lewis was provided to San Rafael. The court further noted that G. Pete Frandsen and his successors in interest in the tax title had subsequently been assessed for the "underground rights" conveyed by the tax deed, and that Id. at 87-88. The court concluded that the property assessment and subsequent tax sale were invalid for lack of due process and that, as a consequence, Kemmerer is not barred by the Utah statutes of limitations from attacking BYU's tax titles. This appeal followed.
BYU argues on appeal that the Utah statutes of limitations bar Kemmerer from attacking BYU's tax title, regardless of whether the tax proceedings deprived Kemmerer's predecessor in interest, San Rafael, of its property without due process.
Utah, like many states, has enacted special short statutes of limitations governing actions contesting the validity of tax titles.
"No action for the recovery of real property or for the possession thereof shall be maintained, unless the plaintiff or his predecessor was seized or possessed of such property within seven years from the commencement of such action; provided, however, that with respect to actions or defenses brought or interposed for the recovery or possession of or to quiet title or determine the ownership of real property against the holder of a tax title to such property, no such action or defense shall be commenced or interposed more than four years after the date of the tax deed, conveyance, or transfer creating such tax title unless the person commencing or interposing such action or defense or his predecessor has actually occupied or been in possession of such property within four years prior to the commencement or interposition of such action or defense or within one year from the effective date of this amendment."
Utah Code Ann. Sec. 78-12-5.1 (1953) (emphasis added). See also id. Sec. 78-12-5.2. Section 78-12-5.3 defines "tax title" as "any title to real property, whether valid or not, which has been derived through or is dependent upon any sale...." BYU argues that because of this four year statute of limitations, Kemmerer is barred from attacking the validity of BYU's tax title more than twenty years after the tax sale.
Id. at 828 (footnote omitted). The court then turned to the various statutes involved in the appeal.
Id. at 830-31. The court concluded that the "tax purchasers may avail themselves of the special statute of limitation regardless of either the invalidity of their tax title or their inability to establish an affirmative claim to title apart from their tax title." Id. at 831 (footnotes omitted). In a significant footnote, the court specifically left open the question argued to us in this appeal:
"We expressly reserve opinion on whether the special statute of limitations could protect a tax title acquired by means repugnant to fundamental...
To continue reading
Request your trial-
Hamilton v. Rogers Cnty. Bd. of Cnty. Comm'rs
...State of Maryland, 366 U.S. 420, 429 (1961) (quoting United States v. Raines, 362 U.S. 17, 22 (1960)); see also Kemmerer Coal Co. v. Brigham Young Univ., 723 F.2d 54, 57 (1983). The petition clearly predicates the § 1983 claim on the violation of Jones's Eighth Amendment rights. Dkt. # 2-2,......
-
VR Acquisitions, LLC v. Wasatch Cnty.
...prior owner. Thus, the court concluded, VRA's assertion of standing is foreclosed by our decision in Kemmerer Coal Co. v. Brigham Young University , 723 F.2d 54 (10th Cir. 1983). See id. at 57 ("[T]he general rule is that ‘a litigant may only assert his own constitutional rights or immuniti......
-
Sanders v. Yellowstone County
...184 Mont. 229, 235, 602 P.2d 586, 590. The Tenth Circuit Court of Appeals addressed a similar issue in Kemmerer Coal Co. v. Brigham Young Univ. (10th Cir.1983), 723 F.2d 54. Kemmerer was a quiet title action filed by Brigham Young University (B.Y.U.) to quiet title to certain property to wh......
-
Shelledy v. Lore
...255, 73 S.Ct. 1031, 1034, 97 L.Ed.2d 1586, 1594 (1953); State v. Harding, 576 P.2d 1284, 1285 (Utah 1978); Kemmerer Coal Co. v. Brigham Young University, 723 F.2d 54 (10th Cir.1983). The general rule is that a litigant "must assert his own legal rights and interests, and cannot rest his cla......