Legal Opinion

United States v. 29 Acres of Land, More or Less, Situated in the County of Dunn, State of North Dakota, Peter Fredericks, and Unknown Owners

Court of Appeals for the Eighth Circuit

Decided January 21, 1987No. 86-5071PublishedCited by 2 opinions

1Opinion of the Court

FAGG, Circuit Judge.

Peter Fredericks, a member of the Three Affiliated Tribes of the Fort Berthold Reservation in North Dakota, challenges the authority of the United States to condemn a right-of-way across his allotted land. We affirm.

Peter Fredericks is the beneficial owner of allotted land within the Fort Berthold Reservation. Legal title to this land is held in trust by the United States Government. A road running across Fredericks’ land provides the sole access to the Celina Mossett residence and other Indian trust lands located in and around the Charging Eagle Bay recreational area.…

2Cases cited8 opinions

  1. United States Ex Rel. Tennessee Valley Authority v. WelchSupreme Court of the United States · 1946
  2. Barnidge v. United StatesCourt of Appeals for the Eighth Circuit · 1939
  3. Beulah Chase v. Roland McMasters Jack Smith, Jr., Wayne Turner, Arlyn Wadholm and Russel PedersonCourt of Appeals for the Eighth Circuit · 1978
  4. Julia Nicodemus and R. H. Spencer v. Washington Water Power Company, a Corporation, United States of AmericaCourt of Appeals for the Ninth Circuit · 1959
  5. United States v. State of MinnesotaCourt of Appeals for the Eighth Circuit · 1940

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3Cited by2 opinions

  1. South Dakota v. United States Department of the InteriorCourt of Appeals for the Eighth Circuit · 1995
  2. State of South Dakota v. United States Department of InteriorCourt of Appeals for the Eighth Circuit · 1995

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