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HODEL v. IRVING

No. 85-637.

481 U.S. 704 (1987)

HODEL, SECRETARY OF THE INTERIOR v. IRVING ET AL.

Supreme Court of United States.

Decided May 18, 1987

Attorney(s) appearing for the Case

Edwin S. Kneedler argued the cause for appellant. With him on the briefs were Solicitor General Fried, Assistant Attorney General Habicht, Deputy Solicitor General Wallace, Anne S. Almy, and Blake A. Watson.

Yvette Hall War Bonnet argued the cause for appellees. With her on the brief was Nora K. Kelley.*

Briefs of amici curiae urging affirmance were filed for Pacific Legal Foundation by Ronald A. Zumbrun and Robert K. Best; and for the Yakima Indian Nation by James B. Hovis.

JUSTICE O'CONNOR delivered the opinion of the Court.

The question presented is whether the original version of the "escheat" provision of the Indian Land Consolidation Act of 1983, Pub. L. 97-459, Tit. II, 96 Stat. 2519, effected a "taking" of appellees' decedents' property without just compensation.

I

Towards the end of the 19th century, Congress enacted a series of land Acts which divided the communal reservations of Indian tribes into individual...

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