United States v. Franklin Dale Goings and Seth Peter Bad Cob

HEANEY, Circuit Judge.

The issue presented on appeal is whether the United States retained exclusive jurisdiction over one hundred five acres of the Fort Lincoln Military Reservation after it transferred that acreage by quit claim deed to United Tribes of North Dakota Development Corporation. The deed contained several conditions subsequent 1 and a covenant reserving in the United States the full and unrestricted control, possession and use of the property conveyed in times of emergency. 2 The trial court held that notwithstanding these conditions, the United States had divested itself of all…