Claim for Compensation for Loss of Grazing Privileges

An association claimed compensation for the loss of grazing privileges on certain lands which the Federal Government has condemned a leasehold. The instant claim is the same as one considered previously, except that it is for the 10-year period beginning immediately after the period considered in that decision. The lands on which the claim is based include Federal grazing lands used by the claimant. The Army has continuously occupied the premises since 1942. Before the Government occupied the premises, the claimant held a permit for the use of the Federal lands in question. Until 1970, the Army held the lands under a series of lease and suspension agreements for an annual payment to the owners. Since 1970, the Government has occupied the lands under a condemned leasehold. A U.S. district court excluded the claim for loss of grazing privileges from July 1, 1970 to June 30, 1980 from its consideration. GAO did not have a complete record of the proceedings or a copy of the court's final opinion. Assuming the court did exclude the claim for loss of grazing privileges from consideration, there was no basis for GAO to allow the claim. In denying the claim in the previous decision, GAO stated that a portion of the payments made by the Army under the lease and suspension agreements was intended to fully compensate the association for the cancellation of its grazing permit. The Court of Claims also denied a claim for loss of grazing privileges on the same basis. That rationale has the same application in this case. Accordingly, the claim was denied.