In 1992, James Grill purchased a 240-acre parcel of land within northern California’s Tahoe National Forest. He intended to preserve the property for his children and grandchildren and to enjoy its stunning mountain views for the rest of his life.
Within a few years, however, the federal government locked him out of his own land, forcing him to file a lawsuit fighting for the right to enter his property.
James’s property is landlocked by federally owned land. It can only be accessed through a historic road over Scotchman Creek, now used by the Forest Service to maintain the Tahoe National Forest. Like the property’s previous owners, James received a special permit to use the historic road to enter his property.
In 2007, the Forest Service abruptly refused to renew James’s permit—even though the permit specifically states that it “will be reissued for successive periods of 10 years” as long as the owner continues to need access to the road to enter the property. The Forest Service denied James the opportunity to appeal.
Because the historic road is still the only access point to James’s land, he is now legally barred from entering his own property.
To add insult to injury, a huge swath of James’s property was auctioned off in a foreclosure sale after the federal government refused to reissue his permit. He was left with just 22 acres of the original 240.
The federal government cannot deny property owners the right of ingress—that is, the right to access and enter their own property—even if that access requires movement across federally owned land.
Represented at no cost by Pacific Legal Foundation, James Grill is suing the federal government to defend the right of all property owners to access their own land.
What’s At Stake?
- The federal government cannot deny property owners the right of ingress—that is, the right to access and enter their own property—even if that access requires movement across federally owned land.
