43 U.S.C. § 1062

Suits for violations of law

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It shall be the duty of the United States attorney for the proper district, on affidavit filed with him by any citizen of the United States that section 1061 of this title is being violated showing a description of the land inclosed with reasonable certainty, not necessarily by metes and bounds nor by governmental subdivisions of surveyed lands, but only so that the inclosure may be identified, and the persons guilty of the violation as nearly as may be, and by description, if the name cannot on reasonable inquiry be ascertained, to institute a civil suit in the proper United States district court, or territorial district court, in the name of the United States, and against the parties named or described who shall be in charge of or controlling the inclosure complained of as defendants; and jurisdiction is also conferred on any United States district court or territorial district court having jurisdiction over the locality where the land inclosed, or any part thereof, shall be situated, to hear and determine proceedings in equity, by writ of injunction, to restrain violations of the provisions of this chapter; and it shall be sufficient to give the court jurisdiction if service of original process be had in any civil proceeding on any agent or employee having charge or control of the inclosure. In any case if the inclosure shall be found to be unlawful, the court shall make the proper order, judgment, or decree for the destruction of the inclosure, in a summary way, unless the inclosure shall be removed by the defendant within five days after the order of the court.

Notes of Decisions

Cited in 3 cases, 1988–1995 · leading case: United States ex rel. Bergen v. Lawrence, 848 F.2d 1502 (10th Cir. 1988).

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United States ex rel. Bergen v. Lawrence, 848 F.2d 1502 (10th Cir. 1988). · cites it 2× “In 1984, Congress deleted the provision from 43 U.S.C. § 1062 that any suit brought under the UIA had precedence for hearing and trial over other cases on the civil docket of the court and had to be tried and determined at the earliest possible date.”

Crow Tribe of Indians v. Repsis, 73 F.3d 982 (10th Cir. 1995). · cites it 2× “Under the UIA, “it shall be the duty of the United States Attorney for the proper district, on affidavit filed with him by any citizen of the United States that section 1061 .”

Crow Tribe of Indians v. Repsis, 866 F. Supp. 520 (D. Wyo. 1994). “” 43 U.S.C. § 1062 (emphasis added). That the Act does not provide for a private cause of action is supported by the fact that if the area of public lands allegedly inclosed by the fence is less than 160 acres, the authority of the Secretary of the Interior must be obtained…”

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