Wilkie v. Robbins, 551 U.S. 537 (2007)

In Wilkie v. Robbins, the underlying dispute centers around Frank Robbins, who owns the High Island Ranch in Wyoming, and the Bureau of Land Management (BLM) officials who sought to extract an easement for public use over South Fork Owl Creek Road, which traverses Robbins's property. The ranch, which spans approximately 40 miles, was previously owned by George Nelson, who had initially resisted granting the easement due to concerns about public disruption. However, shortly before selling the ranch to Robbins in May 1994, Nelson signed a nonexclusive deed of easement, which the BLM failed to record. Consequently, Robbins acquired the property free of the easement under Wyoming law, unaware of its existence. After Robbins took ownership, a BLM employee named Joseph Vessels discovered the oversight regarding the easement and contacted Robbins to demand a new easement. Robbins refused but expressed a willingness to negotiate. Vessels allegedly stated that “the Federal Government does not negotiate,” leading to a breakdown in discussions. Following this, Robbins claims that BLM officials engaged in a systematic campaign of harassment and intimidation to coerce him into granting the easement, which he contended amounted to a violation of his rights. The procedural history of the case began with Robbins filing a lawsuit against the BLM officials, seeking damages for the alleged harassment and intimidation. The case eventually reached the Supreme Court on a writ of certiorari from the United States Court of Appeals for the Tenth Circuit. The central legal questions addressed by the Court were whether Robbins had a private right of action for damages under the precedent set by Bivens v. Six Unknown Fed. Narcotics Agents, or if he could pursue a claim against the officials under the Racketeer Influenced and Corrupt Organizations Act (RICO). The Supreme Court ultimately held that neither action was available to Robbins.

Whether a landowner has a private action for damages under Bivens v. Six Unknown Fed. Narcotics Agents or a claim against federal officials in their individual capacities under the Racketeer Influenced and Corrupt Organizations Act (RICO) for harassment and intimidation aimed at extracting an easement across private property.

The judgment is reversed.