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March 5,2012: Ms. George v United States

The case is not specifically an Indian Law case, but it is important for its discussion of the accrual of the statute of limitations under the Quiet Title Act. The context involves the fencing of a road located in a national forest. The Court has ruled that the limitations period expired on woman’s claims 18 years before she purchased the property. It is this last feature of the QTA clock that poses the real problem for Ms. George. A problem because, just as the district court held, Ms. George’s predecessor in interest, Mr. Hamilton, objectively should have known of the government’s claim of right to a fence-free road as early as 1979, about thirty years before she brought suit in 2009. And this means Ms. George has come to court some 18 years too late to do anything about her problem.

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