Kleppe v. New Mexico

426 U.S. 529 (1976)

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Nature of the Case

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Facts

A ranch owner requested the U.S. Department of interior and the Department Agriculture to remove stray burros that had invaded the segment of his land where he watered his cattle. The ranch was federally owned, and the rancher acquired use of the land through permit. The two Departments refused to remove the animals, maintaining that the burros were permitted to occupy the land pursuant to the Wild Free-Roaming Horses and Burros Act which assumed jurisdiction over unbranded and unclaimed horses and burros found on property regulated by these Departments. Alternatively, the rancher successfully sought resolution from a state organization, New Mexico Livestock Board. Consequently, the burros were removed from the ranch and subsequently sold by the Respondent. Thereafter, the government invoked the Roaming Act and demanded return of animals. The Respondent's position was that the Act exceeded the Property Clause which confers Congress with the authority to design incidental rules regarding use of federal property and protect federal property. The Respondent initiated a declaratory judgment in federal district court to determine the constitutionality of the Act. The district court held the Act to be unconstitutional and enjoined its future application. On appeal, the U.S. Supreme Court reversed the decision of the district court in favor of the Petitioner federal government.