Idaho v. Hodel

While I concur in the conclusion of the majority that the Coeur d’Alene Tribe is not entitled to forfeiture, I disagree strongly with part of the analysis it uses in reaching that conclusion. I also disagree strongly with the majority’s suggestions that we should defer automatically to the State of Idaho’s interpretation of the term “public park” and that Idaho’s Heyburn State Park leasing practice falls within the meaning of that term. I do not believe that leasing prime public land to those who can afford to maintain lakeside summer cottages, and excluding the general public from that…