state law. On the other hand, the United States is acting as the sovereign, as the caretaker of public lands in the National Forest and Park systems. Its invocation of the state law right is based entirely on its position as the sovereign with the right and duty to manage and maintain public lands. See 43 U.S.C. § 1701(a)(8).[1] In this sense, its underlying right to collect money from San Francisco under California Health & Safety Code section 13009 derives from federal law. Given that the Summerlin rule is the general rule, that the United States complied with all conditions precedent to the accrual of its claim, and that the claim of the United States stems ultimately from its management and ownership of public lands, the court holds that the United States is not subject to the two year California statute of limitations. Accordingly, the court denies San Francisco’s motion to dismiss the United States’ first, second, third, and sixth claims.
III.
For the reasons stated above, the court: (1) grants San Francisco’s motion to dismiss the United States’ fourth claim; (2) grants San Francisco’s motion to dismiss the United States’ fifth and seventh claims; (3) grants San Francisco’s motion to dismiss the United States’ eighth claim; and (4) denies San Francisco’s motion to dismiss the United States’ first, second, third, and sixth claims.
It is so ordered.
United States of America, Plaintiff,
v.
Theodore John Kaczynski, Defendant.
No. 2:96–CR–0259–GEB.
United States District Court,
E.D. California.
Aug. 10, 2006.
- ↑ “[I]t is the policy of the United States that the public lands be managed in a manner that will protect the quality of scientific, scenic, historical, ecological, environmental, air and atmospheric, water resource, and archeological values; that, where appropriate, will preserve and protect certain public lands in their natural condition; that will provide food and habitat for fish and wildlife and domestic animals; and that will provide for outdoor recreation and human occupancy and use.”
