Thornburgh v. Cyrus

“Under Oregon’s FED statutes, before a tenant is forcibly evicted from a property, there must be ‘a judicial determination that [the tenant] is not legally entitled to possession.’ Lindsey v. Normet, 405 US 56, 72, 92 S Ct 862, 31 L Ed 2d 36 (1972).”

The Bureau of Land Management (BLM) granted Cyrus a livestock grazing permit for an allotment of federally owned land. In order to obtain that permit, Cyrus entered a “lease” agreement with Thornburgh, relating to the allotment. When Cyrus failed to “pay rent” under the agreement, Thornburgh filed a forcible entry and detainer action (FED).

The trial court determined that Cyrus was not legally entitled to possess the allotment and could be forcibly evicted from the property. Upon review, Court of Appeals concluded that because BLM had issued a valid grazing permit to Cyrus, the trial court’s determination was in error, and Cyrus was authorized under federal law to use the property. The Court did note however, that Thornburgh was not “[without] remedy for breach of the lease agreement.”

“Reversed and remanded.”