Cass Co. Joint Water Resource District v. 1.43 Acres of Land, et al.
Docket No. 20010217
Oral Argument:
Wednesday, January 30, 2002 1:30pm
Docket Info
- Title
- Cass County Joint Water Resource
District, a political subdivision
of the State of North Dakota, Plaintiff and Appellant
v.
1.43 Acres of Land in Highland
Township, Cass County, North Dakota,
Turtle Mountain Band of Chippewa
Indians, a/k/a Turtle Lake Band of
Chippewa Indians, and Roger W. Shea, Defendants and Appellees - Case Type
- CIVIL APPEAL : REAL PROPERTY
- Appeal From
-
Case No. 01-C-0665
East Central Judicial District, Cass County
Georgia Dawson
2002 ND 83643 N.W.2d 685
Oral Argument
1/30/2002
Highlight
A condemnation action is purely in rem, and does not require acquisition of in personam jurisdiction over the owners of the land.
Tribal sovereign immunity does not bar a condemnation action in state court involving land which is owned in fee by the tribe and which is not reservation land, allotted land, aboriginal land, or trust land.
Once the federal government removes restraints on alienation of Indian land by granting a fee patent to a private party, the land does not become inalienable again under the Federal Nonintercourse Act, 25 U.S.C. 177, when it is purchased in fee by an Indian tribe.
Counsel
| Party | Type | Name |
|---|---|---|
| APPELLEE | PRIVATE PRACTICE | Russell John Myhre - 03180 |
| APPELLEE | PRIVATE PRACTICE | Not Licensed in ND - 00002 |
| AMICUS CURIAE | CORPORATE COUNSEL | Jerald A Hjelmstad - 03481 |
| AMICUS CURIAE | ATT. GENERAL OFFICE | Charles M Carvell - 03560 |
| AMICUS CURIAE | CORPORATE COUNSEL | Gary Michael Beaudry - 04855 |
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 09/07/2001 | NOTICE OF APPEAL : 09/05/2001 | |
| 2 | 09/07/2001 | ORDER FOR TRANSCRIPT : 09/05/2001 | |
| 3 | 09/21/2001 | Affidavit of Jerilyn Decoteau under Rule 11.1, NDRCt. | |
| 4 | 10/08/2001 | RECORD ON APPEAL | |
| 5 | 10/09/2001 | TRANSCRIPT DATED June 6, 2001 | |
| 6 | 10/09/2001 | DISK - TRA e-mail | |
| 7 | 11/15/2001 | MOTION FOR LEAVE TO FILE AMICUS CURIAE (ND League of Cities) | |
| 8 | 11/15/2001 | ACTION BY SUPREME COURT (WAN) - Granted | |
| 9 | 11/15/2001 | AMICUS CURIAE BRIEF - North Dakota League of Cities | View |
| 10 | 11/16/2001 | MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF (State of North Dakota) | |
| 11 | 11/16/2001 | ACTION BY SUPREME COURT (State of ND) (DVS) - Granted | |
| 12 | 11/16/2001 | AMICUS CURIAE BRIEF (State of ND) | View |
| 13 | 11/16/2001 | DISK - State of ND (e-mailed) | |
| 14 | 11/16/2001 | MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF (ND Association of Counties) | |
| 15 | 11/16/2001 | ACTION BY SUPREME COURT (ND Association of Counties) (DVS) - Granted | |
| 16 | 11/16/2001 | AMICUS CURIAE BRIEF (ND Association of Counties) | View |
| 17 | 11/16/2001 | Addendum to Amicus Brief of ND Assoc. of Counties | |
| 18 | 11/16/2001 | DISK - ND Association of Counties | |
| 19 | 11/16/2001 | APPELLANT BRIEF | View |
| 20 | 11/16/2001 | APPELLANT APPENDIX | |
| 21 | 11/19/2001 | DISK - ATB | |
| 22 | 11/16/2001 | DISK - ND League of Cities Amicus Brief | |
| 23 | 12/14/2001 | MOTION FOR LEAVE TO FILE AMICUS BRIEF (Three Affiliated Tribes) | |
| 24 | 12/14/2001 | ACTION BY CHIEF JUSTICE (with understanding ACB is due 12-28-01) - Granted | |
| 25 | 12/18/2001 | BRIEF OF APPELLEES (Turtle Mountain Band of Chippewa Indians and Roger W. Shea) | View |
| 26 | 12/18/2001 | DISK - AEB | |
| 27 | 12/21/2001 | Ltr acknowledging Payment of $100 fee for Nonresident Atty. Jerilyn DeCoteau under Rule 11.1 | |
| 28 | 12/28/2001 | MOTION FOR EXTENSION OF TIME (AMICUS BRIEF - Three Affiliated Tribes) | |
| 29 | 12/28/2001 | ACTION BY CHIEF JUSTICE - Granted : 01/04/2002 | |
| 30 | 12/28/2001 | MOT. EXT/TIME REPLY BRIEF (sua sponte) | |
| 31 | 12/28/2001 | ACTION BY CHIEF JUSTICE - Granted : 01/21/2002 | |
| 32 | 12/28/2001 | REPLY BRIEF | View |
| 33 | 12/28/2001 | DISK - RYB | |
| 34 | 01/02/2002 | Request for Radio/TV Coverage (AP) (e-mail dated 1-02-02 from Dale Wetzel) (APPROVED) | |
| 35 | 01/04/2002 | AMICUS CURIAE BRIEF (Three Affiliated Tribes) | View |
| 36 | 01/07/2002 | DISK - Amicus Curiae Three Affiliated Tribes | |
| 37 | 01/25/2002 | Letter dated 1-15-02 from Glenn McCrory, President, ND Water Resource Districts Association stating | |
| 38 | 01/25/2002 | that the ND Water Resource Districts support the Brief of Amicus Curiae ND Assoc. of Counties | |
| 39 | 01/25/2002 | (Distributed to Court & legal staff for whatever consideration the Court deems appropriate) | |
| 40 | 01/25/2002 | Letter dated 1-25-02 and Notice of Errata of the Turtle Mountain Band of Chippewa Indians (Dist to | |
| 41 | 01/25/2002 | Ct. & Legal staff) | |
| 42 | 01/28/2002 | Request for Radio Coverage (David Thompson - ND Public Radio) (e-mail from J. McDonald) (APPROVED) | |
| 43 | 01/30/2002 | APPEARANCES: Steven E. McCullough, Senator Tom Fisher, Chairman, Cass County Water Resource Dist., | |
| 44 | 01/30/2002 | Calvin N. Rolfson; Jerilyn DeCoteau, Courtney M. Koeble, Sarah M. Vogel, Russell J. Myhre | |
| 45 | 01/30/2002 | ARGUED: McCullough; DeCoteau (Vol. X; Page 199) | |
| 46 | 01/30/2002 | ORAL ARGUMENT WEBCAST | |
| 47 | 05/14/2002 | DISPOSITION | |
| 48 | 05/14/2002 | UNANIMOUS OPINION : Neumann, William A. | View |
| 49 | 05/14/2002 | Costs on appeal taxed in favor of appellant | |
| 50 | 05/20/2002 | Order/Judgment Mailed to Parties | |
| 51 | 06/10/2002 | MANDATE | |
| 52 | 06/18/2002 | Corrected/Substitute Opinion Page 15, para. 31, line 2 | |
| 53 | 06/13/2002 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
| 54 | 09/24/2007 | EXPUNGED - Nonpermanent record items destroyed |