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relief
sensibly
understood
apart
claims
attach
dissent
contends
qta
omits
two
historical
requirements
quiet
title
suits
see
post
many
abandoned
requirements
time
qta
passed
see
noting
wide
differences
state
statutory
decisional
law
quiet
title
suits
steadman
forgive
trespasses
land
title
disputes
sovereign
present
remedies
prospective
reforms
duke
stating
cases
disputed
whether
quiet
title
plaintiff
needed
possess
land
welch
kai
cal
app
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rptr
allowing
quiet
title
action
plaintiff
claimed
easement
benson
fekete
mo
en
banc
congress
enacting
qta
essentially
chose
one
contemporaneous
form
quiet
title
action
legislative
history
think
useful
shows
qta
addresses
quiet
title
actions
ordinarily
conceived
senate
report
qta
aimed
alleviate
rave
inequity
private
parties
excluded
without
benefit
recourse
courts
lands
reason
believe
rightfully
similarly
house
report
notes
history
quiet
title
actions
goes
back
courts
england
provided
examples
plaintiff
whose
title
land
continually
subjected
litigation
law
courts
one
feared
outstanding
deed
interest
might
cause
claim
presented
future
top
bottom
reports
show
congress
thought
authorizing
quiet
title
actions
plaintiff
asserts
right
title
interest
disputed
land
related
vein
dissent
argues
holding
undermine
qta
indian
lands
exception
allowing
adverse
claimants
file
apa
complaints
concealing
ownership
interests
recruit
third
parties
bring
suit
behalf
see
post
think
concern
imaginary
real
trouble
conceiving
plausible
apa
suit
omits
mention
adverse
claimant
interest
property
yet
somehow
leads
relief
recognizing
interest
reason
band
statement
patchak
indian
tribal
official
seeking
land
claim
interest
advancing
tribal
development
brief
tribal
petitioner
beside
point
question
whether
seeks
benefit
patchak
everyone
agree
question
instead
band
government
main
argument
acknowledges
whether
issues
land
use
arguably
fall
within
scope
neighbor
complaining
use
may
sue
enforce
statute
limits
see
infra
page
footnotes
explained
block
north
dakota
ex
rel
board
univ
school
lands
congress
initial
proposal
lacked
provisions
executive
branch
however
strongly
opposed
original
bill
explaining
broad
sweeping
scope
lacking
adequate
safeguards
protect
public
interest
dispute
titles
public
lands
hearings
et
al
subcommittee
public
lands
senate
committee
interior
insular
affairs
congress
ultimately
agreed
largely
adopting
executive
substitute
bill
see
block
majority
claims
ante
test
obvious
limits
merely
applies
text
speaks
relief
grievances
event
majority
hypothetical
compares
apples
oranges
contend
apa
bars
injunctive
relief
involving
indian
lands
simply
suits
like
one
seek
adjudicate
disputed
title
real
property
claims
interest
result
entirely
consistent
block
stated
apa
specifically
confers
grant
relief
statute
expressly
impliedly
forbids
relief
sought
quoting
officer
suit
action
directly
federal
officer
otherwise
identical
kind
apa
action
issue
compare
block
seeking
relief
agency
official
actions
within
statutory
powers
reviewing
shall
hold
unlawful
set
aside
agency
action
found
excess
statutory
jurisdiction
authority
limitations
majority
notes
permit
broader
class
claims
rubric
quiet
title
points
differences
state
statutory
decisional
law
quiet
title
suits
time
act
ante
substantial
variation
illustrates
artificiality
majority
claim
act
addresses
quiet
title
actions
ordinarily
conceived
ante
recognize
course
qta
titled
act
permit
suits
adjudicate
certain
real
property
quiet
title
actions
stat
title
statute
limit
plain
meaning
text
trainmen
baltimore
ohio
explained
substance
congress
enactment
plainly
extends
broadly
quiet
title
actions
mirroring
scope
title
proposed
government
see
supra
conclude
sovereign
immunity
bars
patchak
suit
reach
question
whether
standing
trust
status
instance
prerequisite
making
lands
eligible
various
federal
incentives
tax
credits
closely
tied
economic
development
see
app
delayed
suits
also
inhibit
tribes
investing
uses
gaming
might
less
objectionable
like
farming
office
use
despite
notice
government
intent
organization
affiliated
patchak
challenge
government
decision
even
though
organization
see
michigan
gambling
opposition
kempthorne
cadc
instead
patchak
waited
sue
three
years
secretary
intent
acquire
property
published
app