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THURSDAY, MAY 16, 2002

The North Dakota Supreme Court on Tuesday ruled that a county can condemn land owned by the Turtle Mountain Ojibwe Tribe.

The Cass County Joint Water Resource District wants to seize the land for a dam project. But since the land is owned in fee by the tribe, there was a question whether it could be alienated.

The court settled the issue by ruling that any parcel of land, once it passes out of Indian ownership, loses all rights and protections that would otherwise be afforded under principles of Indian law. The court added that the land in question was never held in trust for the tribe.

The case drew national attention because the land's prior owner sold it to the tribe in exchange for some blankets and beads.

Get the Story:
N.D. High Court Rules on Indian Land (AP 5/15)

Get the Decision:
Cass County Joint Water Resource District v. 1.43 Acres of Land (2002 ND 83 May 14, 2002)

Related Stories:
Blankets, beads and tribal sovereignty (1/30)
N.D. court hearing land dispute (1/29)