Legal Opinion
Nebraska Public Power District v. 100.95 Acres of Land
Court of Appeals for the Eighth Circuit
Decided October 28, 1983No. 82-2042PublishedCited by 7 opinions
1Opinion of the Court
FAGG, Circuit Judge.
This case concerns the authority of a public utility to condemn tracts of land held in trust by the United States for individual Indians and for Indian tribes. We hold that pursuant to 25 U.S.C. § 357 the utility has the authority to condemn land allotted in severalty to Indians but not land in which the Indian tribe holds an interest.
This litigation arose from a plan of Nebraska Public Power District (NPPD) to construct an electric transmission line across the Winnebago Indian Reservation. The Winnebago Tribe has opposed construction of the proposed power line. NPPD…
2Cases cited13 opinions
- Cannon v. University of ChicagoSupreme Court of the United States · 1979
- Morton v. MancariSupreme Court of the United States · 1974
- North Haven Board of Education v. BellSupreme Court of the United States · 1982
- Posadas v. National City BankSupreme Court of the United States · 1936
- United States v. ClarkeSupreme Court of the United States · 1980
8 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Coplin v. United StatesUnited States Court of Claims · 1984
- Blackfeet Indian Tribe v. Montana Power Co.Court of Appeals for the Ninth Circuit · 1988
- Oneida Tribe of Indians v. Village of HobartDistrict Court, E.D. Wisconsin · 2008
- Nebraska Public Power District v. 100.95 Acres Of Land In County Of ThurstonCourt of Appeals for the Eighth Circuit · 1983
- Blackfeet Tribe of Indians v. State of Montana, Director of the Montana Department of Revenue, Glacier County, Montana, and Pondera County, MontanaCourt of Appeals for the Ninth Circuit · 1984
2 more not listed; retrieve them via the Exa API.