25 U.S.C. § 357
Condemnation of lands under laws of States
Lands allotted in severalty to Indians may be condemned for any public purpose under the laws of the State or Territory where located in the same manner as land owned in fee may be condemned, and the money awarded as damages shall be paid to the allottee.
Notes of Decisions
Cited in 59
cases, 1938–2020 · leading case: Nebraska Pub. Power Dist. v. 100.95 Acres of Land, 540 F. Supp. 592 (D. Neb. 1982).
Nebraska Pub. Power Dist. v. 100.95 Acres of Land, 540 F. Supp. 592 (D. Neb. 1982). “Pursuant to 25 U.S.C.A. § 357 , N.P.P.D. asserts that the states have been granted the right to condemn Indian trust lands (hereinafter trust lands) under certain circumstances.”
Pub. Serv. Co. of New Mexico v. Barboan, 857 F.3d 1101 (10th Cir. 2017). “§ 357 , lies at the center of this appeal: Lands allotted in severalty to Indians may be condemned for any public purpose under the laws of the State or Territory where located in the same manner as land owned in fee may be condemned, and the money awarded as damages shall be…”
United States v. City of Tacoma, Washington, 332 F.3d 574 (9th Cir. 2003). “Mount, Assistant United States Attorney for the Western District of Washington, similarly advised Sams: “In view of [ 25 U.S.C. § 357 ,] I am inclined to believe that the procedure as adopted by the City in this condemnation suit is in all respects legal.”
United States v. Clarke, 445 U.S. 253 (1980). “We further believe that the word “condemned,” at least as it was commonly used in 1901, when 25 U. S. C. § 357 was enacted, had reference to a judicial proceeding instituted for the purpose of acquiring title to private property and paying just compensation for it.”
Jachetta v. United States, 653 F.3d 898 (9th Cir. 2011). “§ 345 , which authorizes actions for Native allotments; (3) 25 U.S.C. § 357 , which allows states to condemn Native allotments for a public purpose; (4) the general jurisdiction provision 28 U.”
Oneida Tribe of Indians v. Vill. of Hobart, 542 F. Supp. 2d 908 (E.D. Wis. 2008). “” 25 U.S.C. § 357 . While Congress later put an end to the policy of allotment with its enactment of the IRA, the Village contends that it did not reactivate the federal restrictions on alienation it previously removed on lands that had already been allotted and transferred in…”
Transok Pipeline Co., an Oklahoma Corp. v. Maxwell Darks, Marvin Olivo, Agnes Lucas Now Wesley, 565 F.2d 1150 (10th Cir. 1977). “Federal jurisdiction is said to arise under 25 U.S.C. § 357 , which authorizes the condemnation of lands allotted in severalty to Indians in the same manner as lands owned in fee.”
Pub. Serv. Co. v. Approximately 15.49 Acres of Land in McKinley, 167 F. Supp. 3d 1248 (D.N.M. 2016). “On June 13, 2015, PNM initiated this action under 25 U.S.C. § 357 to condemn a perpetual easement on the Five Allotments.”
Bear v. United States, 611 F. Supp. 589 (D. Neb. 1985). “First, the defendants contend that the condemnations were authorized by 25 U.S.C. § 357 . That statute provides: Lands allotted in severalty to Indians may be condemned for any public purpose under the laws of the state or territory where located in the same manner as land owned…”
Alaska Dep't of Nat. Resources v. United States, 816 F.3d 580 (9th Cir. 2016). “B The State has also asserted a condemnation claim against the Purdys and the United States under 25 U.S.C. § 357 . That statute provides: “Lands allotted in severalty to Indians may be condemned for any public purpose under the laws of the State or Territory where located in…”
United States v. Oklahoma Gas & Elec. Co., 127 F.2d 349 (10th Cir. 1942). “§ 357 , specifically authorizes the condemnation of lands allotted in severalty to Indians for any public purpose in accordance with the laws of the State or Territory where located, as other lands, and provides that the money awarded as damages shall be paid to the allottees.”
United States v. State of Minnesota, 113 F.2d 770 (8th Cir. 1940). “The question involved is whether the State may by virtue of Section 3 of the Act of March 3, 1901, 25 U. S.C.A. § 357, maintain this proceeding to condemn an easement' over the allotted land for the establishment of a public highway, without having first secured from the…”
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