Legal Opinion
Irving v. Clark
Court of Appeals for the Eighth Circuit
Decided March 29, 1985No. 84-1094PublishedCited by 15 opinions
1Opinion of the Court
JOHN R. GIBSON, Circuit Judge.
The issue before us is the constitutionality of 25 U.S.C. § 2206 (1982),1 which provides that de minimis shares of land allotted in trust to individual members of the Oglala Sioux Tribe may not pass by intestacy or devise but instead escheat to that tribe. The designated heirs and devisees of three deceased tribe members argue that this statute deprives them of property without just compensation in violation of the fifth amendment. The district court found the provision constitutional. We reverse.
The lands at issue in this case were allotted to individual members…
2Cases cited21 opinions
- Warth v. SeldinSupreme Court of the United States · 1975
- Singleton v. WulffSupreme Court of the United States · 1976
- Crowell v. BensonSupreme Court of the United States · 1932
- Griffin v. Oceanic Contractors, Inc.Supreme Court of the United States · 1982
- Secretary of State of Md. v. Joseph H. Munson Co.Supreme Court of the United States · 1984
16 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Hodel v. IrvingSupreme Court of the United States · 1987
- United States v. AlexanderDistrict Court, D. Minnesota · 1990
- Irving v. ClarkCourt of Appeals for the Eighth Circuit · 1985
- Arkansas Right to Life State Political Action Committee v. ButlerDistrict Court, W.D. Arkansas · 1997
- Von Kerssenbrock-Praschma v. SaundersCourt of Appeals for the Eighth Circuit · 1997
10 more not listed; retrieve them via the Exa API.