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Show CHAPTER SEVENTEEN Trespass and Disputed Title FROM THE INCEPTION of its review, the Commission has been concerned with various aspects of the unauthorized use of public lands. Such uses are called "trespass." In addition to the completely unauthorized regular use and occupancy of real property, trespass also covers additional wrongs against the person or property of another. Trespass, including vandalism, on the public lands are costly. They often result in the depreciation of valuable resources, and, even when these values are replaced by damages collected, the cost of collection, in many instances, is disproportionate to the ultimate recovery. The most troublesome trespasses, in many respects, are those involving unauthorized or unlawful occupancy of real property. While, over a given period of time, they are numerically fewer than some other types of trespass, many such occupancies continue unabated for months or years. It is easier, however, to come to grips, at a policy level, with this type of trespass than with other kinds. Accordingly, we have placed our primary focus on the use and occupancy trespass and treated other types of trespass only generally. Public land trespasses frequently occur because of an honest but mistaken belief that the lands are privately owned. On the other hand, there are cases in which trespass is alleged on lands which, in fact, are erroneously claimed as Federal. The fact is, then, that honest disputes between the Government and private citizens as to land titles can and do occur. Most often such disputes are occasioned by disagreement over boundary locations or by an assertion by a private claimant, disputed by the Government, that title passed to the claimant or a predecessor in interest under a public land disposal statute. Although they are infrequent, disputes have also arisen over the title to land acquired by the Government by purchase or donation. Under existing law, once the fact of trespass is clearly established, even the good faith of the unauthorized occupant cannot protect him from the penalty of ejectment. On occasion, Congress has enacted legislation to give some measure of relief to those who occupy Federal lands in good faith.1 These acts, however, have not always fully accomplished their objective and have generally been very narrowly constructed by the administrators. Without some type of remedial legislation, however, the land management agencies have no authority to grant relief from the consequences of trespass. Their efforts to work out informal administrative accommodations have not been uniform and have resulted in inequality of treatment in various public land areas. With an expanding population and over 755 million acres of federally owned lands, trespass probably can never be eliminated completely. However, it is possible to reduce its impact by increasing the efficiency of control methods, accelerating boundary determinations, and providing for the final determination of title disputes under methods and procedures that are equitable to both the Government and private claimants. Increased Efficiency of Control Methods Recommendation 111: Statutes and administrative practices defining unauthorized use of public lands should be clarified, and remedies available to the Federal Government should be uniform among land management agencies. Where necessary, statutory authority for policing by Federal agencies should be provided. Trespass control for the public lands presents unusual procedural and enforcement problems. Although criminal penalties are provided by Federal statute for some forms of trespass,2 there is no uniform Federal trespass law, either criminal or civil. 1 See 43 U.S.C. §§ 1068-1068b (1964); 30 U.S.C. §§ 701-709 (1964), as amended, (Supp. IV, 1969). 2 See 18 U.S.C. §§ 1851-1863 (1964). 259 |
