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NEBRASKA PUBLIC POWER DIST. v. 100.95 ACRES OF LAND

No. 82-2042.

719 F.2d 956 (1983)

NEBRASKA PUBLIC POWER DISTRICT, a Public Corporation and Political Subdivision of the State of Nebraska, Appellant, v. 100.95 ACRES OF LAND IN COUNTY OF THURSTON, HIRAM GRANT, et al; Unknown Owners; United States of America and Department of The Interior, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided October 28, 1983.

Attorney(s) appearing for the Case

Barlow, Johnson, DeMars & Flodman, Lincoln, Neb., for appellant.

Michael D. Gooch, Papillion, Neb., for appellees.

Before LAY, Chief Judge, and HEANEY and FAGG, Circuit Judges.

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...

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