NATAMST 100 Lecture Notes - Lecture 9: Albert Grisar, United States Court Of Appeals For The Ninth Circuit, Fee Simple

• School: Berkeley
• Department: Native American Studies
• Course: NATAMST 100
• Professor: Joseph Myers

Document Summary

Official citation: sioux tribe of indians v. united states , 316 u. s. 317 (1942) This is an action to recover compensation for some 5. 5 million acres of land allegedly taken from the petitioner tribe in 1879 & 1884. Court of claims denied recovery & we brought the case here on certiorari. Was the reclamation of land in 1877 a taking of property requiring compensation under the compensation clause of the 5th amendment. The constitution places authority to dispose of public lands exclusively in. Congress, the executives" power to convey any interest in these lands must be traced to congressional delegation if its authority. Congress was willing that the land within should be allotted to individual indians. Court decided no violation of separation of powers. Congress didn"t give full value of land, even though 5th amendment says they should"ve received full interest. Official citation: montana v. united states , 450 u. s. 544 (1981)