Does the issuance of a grazing permit create a property right?

MultiRegion, United States of America

The following excerpt is from United States v. Estate of Hage, 810 F.3d 712 (9th Cir. 2016):

All three Acts clearly state that the issuance of a permit does not create any property rights. See 43 U.S.C. 315b ("[T]he issuance of a permit pursuant to the provisions of this subchapter shall not create any right, title, interest, or estate in or to the lands."); 16 U.S.C. 580l ("[N]othing herein shall be construed as limiting or restricting any right, title, or interest of the United States in any land or resources."); 43 U.S.C. 1752(j) ("Nothing in this Act shall be construed as modifying in any way law existing on October 21, 1976, with respect to the creation of right, title, interest or estate in or to public lands or lands in National Forests by issuance of grazing permits...."). Accordingly, we long have held that a grazing permit "has always been a revocable privilege" and is not a "property right[ ]." Swim v. Bergland, 696 F.2d 712, 719 (9th Cir.1983) ; accord West, 232 F.2d at 69798 ; Osborne v. United States, 145 F.2d 892, 896 (9th Cir.1944).

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