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2001 Interior Dec. (IBLA) 115 (2001)

handle is hein.amindian/ibla2001 and id is 1 raw text is: SOUTHERN CALIFORNIA SUNBELT DEVELOPERS, INC.
IBLA 97462,99-165                                      Decided January 12,2001
Appeal from two decisions of the Acting Area Manager, Ridgecrest (California) Resource Area, Bureau of Land
Management, readjusting rental for a right-of-way and teirinating the right-of-way giant. CACA-13771.
IBLA 99-165 Dismissed; IBLA 97462 Affimed.
1.      Rules of Practice: Appeals: Dismissal--Rules of Pmctice: Appeals: Timely Filing
A notice of appeal must be filed within 30 days after the person taking the appeal is seived with
the decision from which the appeal is taken. The timely filing on a notice of appeal is
jurisdictional and failure to file the appeal within the time allowed requires dismissal of the
appeal.
2.      Appraisals-Fedeml Land Policy and Management Act of 1976: Rights-of-Way-Rights-of-
Way: Appmisals
An annual rental charge for a right-of-way will be afflinned where an analysis of the record
establishes that the BLM decision setting the rental was in accordance with the underlying
appmisal on which the new tental was based and an adequate explanation for BLMs actions is
provided.
APPEARANCES: Dan W. Baer, President, Southern California Sunbelt Developers, Inc., Brea, Califonia Richard S.
Smith, Acting Area Manager, Ridgecrest (California) Resource Area, Bureau of Land Management.
OPINION BY ADMINISTRATIVE JUDGE TERRY
Southem California Sunbelt Developers, Inc. (SCSD), has appealed from two decisions of the Acting Area Manager,
Ridgeciest (Califormia) Resource Area, Bureau of Land Management (BLM), involving right-of-way grant CACA-13771.
The first appeal (IBLA 97-462) is from a May 20, 1997, decision readjusting the rental for that right-of-way. The second
appeal (IBLA 99-165), which is hereby consolidated with the first, is from a December 17, 1998, decision terminating that
right-of-way.

1541BLA 115

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