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UNITED STATES v. 29 ACRES OF LAND

No. 86-5071.

809 F.2d 544 (1987)

UNITED STATES of America, Appellee, v. 29 ACRES OF LAND, MORE OR LESS, SITUATED IN the COUNTY OF DUNN, STATE OF NORTH DAKOTA, Peter Fredericks, et al., Appellants, and unknown owners.

United States Court of Appeals, Eighth Circuit.

Decided January 21, 1987.

Attorney(s) appearing for the Case

Dale T. White, Boulder, Colo., for appellants.

Blake A. Watson, Dept. of Justice, Washington, D.C., for appellee.

Before LAY, Chief Judge, FAGG, Circuit Judge, and LARSON, Senior District Judge.

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...

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