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6 Oklahoma opinions name it 2 courts 1942–2025 2 in the last five years
The cases below were cited by Oklahoma courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Oklahoma v. Castro-Huertagreen2 sentences2025Yet, even with those exceptions, the Court was careful to note that "[a]fter a State enters the Union, title to the land is governed by state law." Id . at 551; see also Oklahoma v. Castro-Huerta , 597 U.S. 629, 636 (2022) ("Since the latter half of the 1800s, the Court has consistently and explicitly held that Indian reservations are 'part of the surrounding State' and subject to the State's jurisdiction 'except as forbidden by federal law.'" (citation omitted)). ¶21 Almost thirty years after Montana , the Supreme Court took up the question of "whether land ownership and sale are 'activities' 2025Yet, even with those exceptions, the Court was careful to note that "[a]fter a State enters the Union, title to the land is governed by state law." Id . at 551; see also Oklahoma v. Castro-Huerta , 597 U.S. 629, 636 (2022) ("Since the latter half of the 1800s, the Court has consistently and explicitly held that Indian reservations are 'part of the surrounding State' and subject to the State's jurisdiction 'except as forbidden by federal law.'" (citation omitted)). ¶21 Almost thirty years after Montana , the Supreme Court took up the question of "whether land ownership and sale are 'activities' | 1 | 1 |
Nevada v. Hicksgreen2 sentences2022Where a reservation lies within state boundaries, that fact does not automatically exclude all state regulatory authority; "an Indian reservation is considered part of the territory of the State." Nevada v. Hicks , 533 U.S. 353, 361-62 (2001) ( quoting U.S. Dept. of Interior, Federal Indian Law 510 and n.1 (1958)). ¶13 We recognize that the Montana test refers to tribal authority over non-Indians. 2022Where a reservation lies within state boundaries, that fact does not automatically exclude all state regulatory authority; "an Indian reservation is considered part of the territory of the State." Nevada v. Hicks , 533 U.S. 353, 361-62 (2001) ( quoting U.S. Dept. of Interior, Federal Indian Law 510 and n.1 (1958)). ¶13 We recognize that the Montana test refers to tribal authority over non-Indians. | 1 | 1 |
Lewis v. Sac & Fox Tribe of Oklahoma Housing Authoritygreen2 sentences2022I believe reliance on Lewis v. Sac and Fox Tribe of Okla. , 1994 OK 20 896 P.2d 503 Id . ¶ 3, 896 P.2d at 506 . 2022I believe reliance on Lewis v. Sac and Fox Tribe of Okla. , 1994 OK 20 896 P.2d 503 Id . ¶ 3, 896 P.2d at 506 . | 1 | 1 |
Kennerly v. District Court of the Ninth Judicial District of Montanagreen2 sentences1983See 400 U.S. at 427 , 91 S.Ct. at 482 . 1983See 400 U.S. at 427 , 91 S.Ct. at 482 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Oklahoma. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Plains Commerce Bank v. Long Family Land & Cattle Co.
green
2 sentences2009Montana did not discuss gaming or gaming enterprises, nor did it discuss what would satisfy either testexcept for concluding that non-Indian hunters and fishermen on non-Indian fee land did not enter into any agreements or commercial dealings with the tribe, nor were hunting and fishing a threat to the Tribe's political or economic security so as to justify tribal regulation. ¶ 23 Finally, in Plains Commerce Bank v. Long, ___ U.S. ___, 128 S.Ct. 2709 , 171 L.Ed.2d 457 (2008), the Court again discussed the Montana test in a case involving a non-Indian bank and its sale of non-Indian land it ow 2009Montana did not discuss gaming or gaming enterprises, nor did it discuss what would satisfy either testexcept for concluding that non-Indian hunters and fishermen on non-Indian fee land did not enter into any agreements or commercial dealings with the tribe, nor were hunting and fishing a threat to the Tribe's political or economic security so as to justify tribal regulation. ¶ 23 Finally, in Plains Commerce Bank v. Long, ___ U.S. ___, 128 S.Ct. 2709 , 171 L.Ed.2d 457 (2008), the Court again discussed the Montana test in a case involving a non-Indian bank and its sale of non-Indian land it ow | 2 | 2009–2025 |
In Re Estate of Buchanan
green
2 sentences1943Our own decisions do not apply the Montana rule and are to the effect that such orders stand until modified (In re Buchanan’s Estate, 130 Okla. 148 , 265 P.1056), or unless there is fraudulent delay In closing the estate (In re Foreman’s Estate, 59 Okla. 1 , 157 P. 279 ), or where such orders contain their own limitation as in Re Cary’s Estate, supra. We think a reading of all these decisions indicates a policy of reliance on hindsight rather than diligence. 1943Our own decisions do not apply the Montana rule and are to the effect that such orders stand until modified (In re Buchanan’s Estate, 130 Okla. 148 , 265 P.1056), or unless there is fraudulent delay In closing the estate (In re Foreman’s Estate, 59 Okla. 1 , 157 P. 279 ), or where such orders contain their own limitation as in Re Cary’s Estate, supra. We think a reading of all these decisions indicates a policy of reliance on hindsight rather than diligence. | 1 | 1943–1943 |
In Re Foreman's Estate
neutral
2 sentences1943Our own decisions do not apply the Montana rule and are to the effect that such orders stand until modified (In re Buchanan’s Estate, 130 Okla. 148 , 265 P.1056), or unless there is fraudulent delay In closing the estate (In re Foreman’s Estate, 59 Okla. 1 , 157 P. 279 ), or where such orders contain their own limitation as in Re Cary’s Estate, supra. We think a reading of all these decisions indicates a policy of reliance on hindsight rather than diligence. 1943Our own decisions do not apply the Montana rule and are to the effect that such orders stand until modified (In re Buchanan’s Estate, 130 Okla. 148 , 265 P.1056), or unless there is fraudulent delay In closing the estate (In re Foreman’s Estate, 59 Okla. 1 , 157 P. 279 ), or where such orders contain their own limitation as in Re Cary’s Estate, supra. We think a reading of all these decisions indicates a policy of reliance on hindsight rather than diligence. | 1 | 1943–1943 |
Longpre v. Big Blackfoot Milling Co.
neutral
2 sentences1942An examination of the cases from this court reveals that, although not absolutely declared as such, there has been ¡a definite trend toward the reasoning in Longpre v. Big Blackfoot Milling Co., 38 Mont. 99 , 99 P. 131 , stating the Montana rule, which indicates that we at least adhere to the reasoning upon which this statement of the rule is based. 1942An examination of the cases from this court reveals that, although not absolutely declared as such, there has been ¡a definite trend toward the reasoning in Longpre v. Big Blackfoot Milling Co., 38 Mont. 99 , 99 P. 131 , stating the Montana rule, which indicates that we at least adhere to the reasoning upon which this statement of the rule is based. | 1 | 1942–1942 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.