Mountain States Legal Foundation v. Hodel
United States Court of Appeals for the Tenth Circuit
799 F.2d 1423 (1986)
The Rock Springs Grazing Association (RSGA) (plaintiff), whose Wyoming land included both federal and private property, and the Mountain States Legal Foundation (plaintiff) sought a writ of mandamus compelling federal officials (defendants) to remove thousands of wild horses roaming and damaging RSGA's land, along with Fifth Amendment takings damages, arguing the Wild Free-Roaming Horses and Burros Act barred them from removing the horses themselves while the horses eroded topsoil and reduced forage and water availability. The district court granted the writ of mandamus but granted the defendants summary judgment on the takings claim; a Tenth Circuit panel reversed the takings ruling, finding the Act's exclusive federal control over the horses made it a unique kind of wildlife legislation, and the full Tenth Circuit granted rehearing en banc on the takings issue.
Whether private-property damage caused by federally protected wildlife constitutes a taking under the Fifth Amendment if the land retains an economically viable use.