indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+ indianz.com on soundcloud
phone: 202 630 8439
The University of Tulsa College of Law - Master's in Indian Law
Advertise on Indianz.Com
Home > News > Headlines
Print   Subscribe
Appeals court decision in Dakota trust case
Tuesday, March 10, 2009
Filed Under: Law | Trust

The Interior Department does not owe a trust responsibility to Dakota descendants who were promised land in the late 1800s, the Federal Circuit Court of Appeals ruled today.

The plaintiffs to the Wolfchild case said they are owed money for the federal government's failure to hold land in trust for them. The land is now part of the Shakopee, Prairie Island and Lower Sioux reservations in Minnesota.

A federal judge sided with the plaintiffs but the appeals court today reversed. At issue were three appropriations acts that referred to land to be held in trust for the "loyal" Mdewakanton, or Dakota, people.

"While it is true that a statute need not contain the word 'trust' in order to create a trust relationship, the failure to use that term gives rise to doubt that a trust relationship was intended," the court wrote.

But even if the acts created a trust, Congress terminated it with a law in 1980 that affirmed the land in question is part of the Shakopee, Prairie Island and Lower Sioux reservations, the court added.

Court Decision:
Wolfchild v US (March 10, 2009)

Related Stories:
Judge expands Dakota trust mismanagement suit (4/30)
Dakota descendants fight for land trust rights (4/23)
Dakota descendants await payment in trust case (8/14)
Judge reaffirms ruling in Dakota trust fund lawsuit (12/19)
Meetings set in Mdewakanton trust fund lawsuit (01/28)
Dakota descendants win round in trust fund case (10/29)
Dakota descendants file trust mismanagement suit (11/19)
Minn. tribes challenged on membership policies (11/17)



Copyright © Indianz.Com
More headlines...
Stay Connected:
On Facebook

On Twitter

On Google+

On SoundCloud
Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Supreme Court won't hear long-running Seneca Nation casino case (5/31)
Native Sun News: Longtime Indian Health Service staff reassigned (5/31)
Lakota Country Times: Native newspaper brings home 14 awards (5/31)
Clara Caufield: Northern Cheyenne show love for 'commod' cheese (5/31)
Editorial: Newspaper continues to grow and reach Native readers (5/31)
Ruth Hopkins: Elizabeth Warren is counting coup on Donald Trump (5/31)
First Lady Michelle Obama shares story of hope with Indian school (5/26)
Remarks by First Lady Michelle Obama at Santa Fe Indian School (5/26)
Gary Davis of NCAIED joins Small Business Administration council (5/26)
Arne Vainio: A mother's gift carried me through many life journeys (5/26)
Native Sun News: Tribes score big in fights against energy projects (5/26)
Lakota Country Times: Education Secretary hears from Pine Ridge (5/26)
Ivan Star Comes Out: Ending Whiteclay beer sales starts at home (5/26)
Vi Waln: Rosebud Sioux youth lead efforts to bring relatives home (5/26)
Gyasi Ross: Drug epidemic sweeping through Native communities (5/26)
Jacqueline Keeler: Shameful and skewed poll on racist NFL name (5/26)
Interview with Melvin Monette about Cobell scholarship program (5/26)
Auction house in France won't stop sale of sacred tribal property (5/26)
United Keetoowah Band installs new leader after impeachment (5/26)
Kewa Pueblo builds new community around historic trading post (5/26)
Eastern Cherokee elder translates 'Charlotte's Web' into Tsalagi (5/26)
Puyallup Tribe works to keep language alive for new generations (5/26)
Iowa Tribe offers free play on poker website ahead of full launch (5/26)
Alabama-Coushatta Tribe offers gaming options closer to home (5/26)
Kaw Nation receives national award for tribal gaming initiatives (5/26)
Indian Health Service reform efforts gaining steam on Capitol Hill (5/25)
Indian Health Service announces more hires at troubled hospital (5/25)
Keepseagle attorneys open application process for $38M in grants (5/25)
Three tribes enter cooperative agreements for buy-back program (5/25)
New leader selected for HUD's Office of Native American Programs (5/25)
Indian relay racers gear up for event hosted by Muckleshoot Tribe (5/25)
Cronkite News: Tribes seek return of property up for sale in France (5/25)
Native Sun News: Anti-suicide effort incorporates tribal traditions (5/25)
Lakota Country Times: Pine Ridge youth showcase film projects (5/25)
Mark Trahant: Native vote victory for Tawna Sanchez in Oregon (5/25)
Brandon Ecoffey: Lakota people come together in times of need (5/25)
Editorial: Tribes must come up with plan for return of Black Hills (5/25)
John McCoy: Disenrollment and blood quantum are not our way (5/25)
Adrian Jawort: Addressing race relations and healing in Montana (5/25)
Fort Peck Tribes oppose new directive on transgender students (5/25)
Leader of United Keetoowah Band ousted through impeachment (5/25)
Agua Caliente Band launches software development company (5/25)
Sen. Barrasso to chair platform committee for GOP convention (5/25)
Cowlitz Tribe welcomes discussions with opponent over casino (5/25)
Little Traverse Bay Bands open doors to Class II gaming facility (5/25)
Tuolumne Band celebrates 15th birthday with casino expansion (5/25)
Former Winnebago Tribe casino employee denies theft charge (5/25)
Proposed rule brings LGBT equality to tribal housing programs (5/24)
Chairman of Quapaw Tribe endorses Democrat Hillary Clinton (5/24)
Appropriations bill blocks new federal recognition regulation (5/24)
more headlines...

Home | Arts & Entertainment | Business | Canada | Cobell Lawsuit | Education | Environment | Federal Recognition | Federal Register | Forum | Health | Humor | Indian Gaming | Indian Trust | Jack Abramoff Scandal | Jobs & Notices | Law | National | News | Opinion | Politics | Sports | Technology | World

Indianz.Com Terms of Service | Indianz.Com Privacy Policy
About Indianz.Com | Advertise on Indianz.Com

Indianz.Com is a product of Noble Savage Media, LLC and Ho-Chunk, Inc.