United States v. Sioux Nation of Indians

This appeal of the Indian Claims Commission’s interlocutory order of February 15, 1974, raises essentially the ques*237tion whether by the Act of February 28, 1877, 19 Stat. .254, and otherwise, the United States took the Sioux Nation’s property in the Black Hills, South Dakota, by the power of eminent domain, or by a course of unfair and dishonorable dealing not amounting to a constitutional taking. In the former case interest is awardable as a part of just.compensation and that is the answer of the Commission. In the.latter it is not, and that is ours. Appellant admitted on oral argument it was…