Legal Opinion

Youpee v. Babbitt

Court of Appeals for the Ninth Circuit

Decided September 5, 1995No. 94-35415PublishedCited by 8 opinions

1Opinion of the Court

OPINION

BEEZER, Circuit Judge:

Congress has tried for many years to solve the problem of fractionation of Indian lands. The Supreme Court held Congress’ first effort, Section 207 of the Indian Land Consoli*196dation Act, an unconstitutional taking without just compensation. Congress’ second effort, amended Section 207, is before us now.

The district court held that amended Section 207 of the Indian Land Consolidation Act (“ILCA”), 25 Ü.S.C. § 2206, violates the Takings Clause of the Fifth Amendment. The district court also enjoined the defendants from acting under Section 207 to es-cheat certain…

2Cases cited6 opinions

  1. Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
  2. Kaiser Aetna v. United StatesSupreme Court of the United States · 1979
  3. Jeanette Jesinger v. Nevada Federal Credit Union, a Federally-Chartered Credit Union Robert W. FleischmanCourt of Appeals for the Ninth Circuit · 1994
  4. Hodel v. IrvingSupreme Court of the United States · 1987
  5. Apache Survival Coalition v. United StatesCourt of Appeals for the Ninth Circuit · 1994

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3Cited by8 opinions

  1. Rosa Shackleford, Personal Representative of the Estate of Thomas J. Shackleford, Deceased v. United StatesCourt of Appeals for the Ninth Circuit · 2001
  2. Cook v. Commissioner of the Internal Revenue ServiceCourt of Appeals for the Fifth Circuit · 2003
  3. Bernadine Suitum v. Tahoe Regional Planning AgencyCourt of Appeals for the Ninth Circuit · 1996
  4. Lebeau v. United StatesDistrict Court, D. South Dakota · 2000
  5. 95 Cal. Daily Op. Serv. 6995, 95 Daily Journal D.A.R. 11,993 Marvin K. Youpee, Sr. Cary G. Youpee Darlan D. Youpee Allen F. Youpee Helen Youpee-Ricker Williamette Y. Bussard v. Bruce Babbitt, Secretary, Department of Interior, and His Agents, Assigns, and Successors in OfficeCourt of Appeals for the Ninth Circuit · 1995

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