5450
Page 1 of 3
FOREST SERVICE MANUAL
DENVER, CO
FSM 5400 - LANDOWNERSHIP
R2 Supplement No. 5400-94-2
Effective August 15, 1994
POSTING NOTICE. Supplements to this title are numbered consecutively. Post by document
name. Remove entire document and replace with this supplement. Retain this transmittal as the
first page of this document. The last supplement to this Manual was Supplement 5400-94-1 to
the Zero Code.
Page Code
5451.1--1
Superseded Sheets
1
Supplements Covered
R2 Supplement 70, 10/82
Document Name
5450
New
(Number of Pages)
3
Digest:
Updates chapter to electronic format and corrects references to parent text.
ELIZABETH ESTILL
Regional Forester
R2 SUPPLEMENT 5400-94-2
EFFECTIVE 8/15/94
5450
Page 2 of 3
TITLE 5400 - LANDOWNERSHIP
5451.1 - Procedures. In order to properly establish roles for processing
encroachment and trespass cases, it is necessary to categorize the types of illegal
occupancies that are most often experienced and then to assign these categories to
the terms "encroachment" and "trespass." Three basic categories of illegal
occupancy can be recognized. Use of unpatented mining claims for other than
mining purposes may require a mineral validity contest action. FSM 2818 provides
direction for this situation.
The second category can be described as those occupancies that occur in conjunction
with other land to which the occupant holds title. An example of this type of
occupancy is the construction of a dwelling on NFS land for any number of reasons.
This type of occupancy should be regarded as an encroachment and/or title claim,
and should initially be processed under FSM 5450.
The third category can be described as those occupancies that occur separate and
apart from land to which the occupant holds title. An example of this type of
occupancy is construction and habitation of a shelter on NFS land where the
occupant owns no adjacent land. This type of occupancy should be processed under
FSM 5330.
To alleviate confusion and possibly erroneous conclusions, Forest Supervisors must
regard all encroachment cases as potential title claim cases until the Title Claim
and Encroachment Report is prepared. See Exhibit 1 which is a flow chart showing
the major steps of the process. Then these reports are submitted to the Regional
Office, they should include a decision as to whether the case is an encroachment or
a title claim and a recommendation for solution. Encroachment cases will be
processed by the Land Uses Group in the Regional Office, while title claim cases
will be process by the Landownership Adjustment Group.
R2 SUPPLEMENT 5400-94-2
EFFECTIVE 8/15/94
5450
Page 3 of 3
5451.1 - Exhibit 1
Encroachment and Title Claims
Resource Damage
ß
Imminent or is
Accomplished
|ß
Acquire, Assemble &
Review Documents (FS,
BLM, County)
|
Field Investigation
|
Survey or Resurvey
|
Prepare Claim &
Encroachment Report
|
|
Valid Claim
|
Take Action To Grant
Relief; PL 78-120, Quit
Claim Act, Color of Title
Act, FLPMA
Encroachment Found or
Suspected
|
Personal Contact With
Occupant
|
|
Confirmation of Contact
by Mail
|
|
|
|
|
|
|
|ß
à
|
|
|
Occupant Ceases
Damage
|
|
Encroachment
|
Administrative Solution
Not Possible
|
Draft Demand Letter
Request OGC Advice
|
|
Issue Demand Letter
|
Terms of Demand Letter
Not Met
|
Prepare Litigation
Report
|
Submit Case to OGC,
Request Litigation
à
Resource Damage
Imminent
|
Issue Cease and Desist
Order
|
Occupant Does Not
Cease Damage
|
Seek TRO Through
OGC
à Administrative Solution
Possible
|
Negotiate Removal of
Improvements &
Restoration, S.U.
Permit, Land Exchange:
See FSM 5451.18
|
|
à
Terms of Demand
Letter Met