Legal Opinion
Yankton Sioux Tribe v. Podhradsky
District Court, D. South Dakota
Decided December 19, 2007No. CIV 98-4042PublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
LAWRENCE L. PIERSOL, District Judge.
This case is on remand from the Eighth Circuit Court of Appeals. 1 A trial to the Court was held on November 13 and 14, 2007. For the reasons set forth below, the Court finds the following categories of land within the original 1858 treaty boundaries of the Yankton Sioux Reservation remain part of the reservation and are Indian country under 18 U.S.C. § 1151(a): (a) land reserved to the federal government in the Act of Aug. 15, 1894, Ch. 290, 28 Stat. 286, 314-19, and then returned to the Yankton Sioux Tribe; (b) land allotted to…
2Cases cited21 opinions
- Oklahoma Tax Comm'n v. Citizen Band of Potawatomi Tribe of Okla.Supreme Court of the United States · 1991
- DeCoteau v. District County Court for the Tenth Judicial DistrictSupreme Court of the United States · 1975
- Solem v. BartlettSupreme Court of the United States · 1984
- Seymour v. Superintendent of Washington State PenitentiarySupreme Court of the United States · 1962
- United States v. Anthony Damian AzureCourt of Appeals for the Eighth Circuit · 1986
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3Cited by5 opinions
- Yankton Sioux Tribe v. PodhradskyCourt of Appeals for the Eighth Circuit · 2010
- Yankton Sioux Tribe v. PodhradskyCourt of Appeals for the Eighth Circuit · 2010
- Yankton Sioux Tribe v. PodhradskyCourt of Appeals for the Eighth Circuit · 2009
- Yankton Sioux Tribe v. US ARMY CORPS OF ENGIN.Court of Appeals for the Eighth Circuit · 2010
- Yankton Sioux Tribe v. Scott PodhradskyCourt of Appeals for the Eighth Circuit · 2009