block
north
dakota
argued
february
decided
may
together
north
dakota
ex
rel
board
university
school
lands
block
secretary
agriculture
et
also
certiorari
north
dakota
filed
suit
federal
district
several
federal
officials
resolve
dispute
ownership
certain
portions
riverbed
within
state
claims
title
disputed
area
basis
status
riparian
landowner
nonnavigable
river
state
asserts
river
navigable
north
dakota
admitted
union
thus
owns
riverbed
doctrine
addition
seeking
injunctive
declaratory
mandamus
relief
various
federal
statutes
north
dakota
asserted
claim
quiet
title
act
qta
subject
certain
exceptions
waived
sovereign
immunity
permitted
plaintiffs
name
party
defendant
civil
actions
adjudicate
title
disputes
involving
real
property
trial
entered
judgment
state
holding
qta
statute
limitations
apply
plaintiff
state
appeals
affirmed
held
legislative
history
establishes
congress
intended
qta
provide
exclusive
means
adverse
claimants
challenge
title
real
property
thus
merit
north
dakota
contention
even
suit
qta
judgment
still
correct
suit
maintainable
officer
suit
injunctive
mandamus
relief
federal
officials
charged
supervision
disputed
area
rule
precisely
drawn
detailed
statute
general
remedies
applicable
cf
brown
gsa
pp
limitations
provision
fully
applicable
state
others
sue
qta
congress
attaches
conditions
statute
limitations
legislation
waiving
sovereign
immunity
conditions
must
strictly
observed
exceptions
thereto
lightly
implied
section
expressly
civil
action
unless
filed
within
years
date
accrued
even
assuming
canon
statutory
construction
sovereign
normally
exempt
operation
generally
worded
statute
limitations
absence
express
contrary
intent
relevance
construing
applicability
congressionally
imposed
statute
limitations
expressly
including
legislative
history
shows
congress
intend
exempt
compliance
pp
invalid
doctrine
tenth
amendment
north
dakota
asserts
federal
law
depriving
state
land
vested
constitution
invalid
grounds
constitute
taking
state
property
without
compensation
violation
fifth
amendment
section
however
purport
strip
anyone
property
effectuate
transfer
title
dismissal
pursuant
statute
quiet
title
disputed
land
title
dispute
remains
unresolved
thus
constitutional
infirmity
pp
north
dakota
suit
barred
courts
jurisdiction
inquire
merits
since
lower
courts
made
findings
date
north
dakota
suit
accrued
purposes
statute
cases
must
remanded
proceedings
pp
white
delivered
opinion
burger
brennan
marshall
blackmun
powell
rehnquist
stevens
joined
filed
dissenting
opinion
post
deputy
solicitor
general
claiborne
argued
cause
petitioners
brief
solicitor
general
lee
assistant
attorney
general
dinkins
jacques
gelin
edward
shawaker
robert
wefald
attorney
general
north
dakota
argued
cause
respondents
brief
owen
fn
briefs
amici
curiae
urging
affirmance
filed
state
colorado
macfarlane
attorney
general
charles
howe
deputy
attorney
general
joel
cantrick
solicitor
general
janet
miller
first
assistant
attorney
general
kathleen
bowers
assistant
attorney
general
state
california
et
al
george
deukmejian
attorney
general
california
gregory
taylor
assistant
attorney
general
dennis
eagan
bruce
flushman
joseph
barbieri
deputy
attorneys
general
charles
graddick
attorney
general
alabama
norman
gorsuch
attorney
general
alaska
michael
sewright
assistant
attorney
general
robert
corbin
attorney
general
arizona
anthony
ching
solicitor
general
john
steven
clark
attorney
general
arkansas
richard
gebelein
attorney
general
delaware
calvin
williams
deputy
attorney
general
jim
smith
attorney
general
florida
michael
bowers
attorney
general
georgia
tany
hong
attorney
general
hawaii
david
leroy
attorney
general
idaho
tyrone
fahner
attorney
general
illinois
thomas
miller
attorney
general
iowa
william
guste
attorney
general
louisiana
gary
keyser
assistant
attorney
general
frank
kelley
attorney
general
michigan
louis
caruso
solicitor
general
warren
spannaus
attorney
general
minnesota
michael
greely
attorney
general
montana
richard
bryan
attorney
general
nevada
irwin
kimmelman
attorney
general
new
jersey
robert
abrams
attorney
general
new
york
jan
eric
cartwright
attorney
general
oklahoma
dave
frohnmayer
attorney
general
oregon
leroy
zimmerman
attorney
general
pennsylvania
dennis
roberts
ii
attorney
general
rhode
island
daniel
mcleod
attorney
general
south
carolina
mark
meierhenry
attorney
general
south
dakota
roxanne
giedd
assistant
attorney
general
john
easton
attorney
general
vermont
john
chase
assistant
attorney
general
kenneth
eikenberry
attorney
general
washington
mcclintock
attorney
general
wyoming
justice
white
delivered
opinion
quiet
title
act
qta
subject
certain
exceptions
waived
sovereign
immunity
permitted
plaintiffs
name
party
defendant
civil
actions
adjudicate
title
disputes
involving
real
property
claims
interest
cases
present
two
separate
issues
concerning
qta
first
whether
congress
intended
qta
provide
exclusive
procedure
claimant
judicially
challenge
title
real
property
second
whether
qta
statute
limitations
applicable
instances
plaintiff
state
respondent
north
dakota
conclude
qta
forecloses
bases
relief
urged
state
limitations
provision
fully
applicable
north
dakota
others
sue
qta
undisputed
doctrine
first
set
forth
pollard
lessee
hagan
north
dakota
like
became
owner
beds
navigable
streams
state
upon
admission
union
also
agreed
law
north
dakota
riparian
owner
title
center
bed
nonnavigable
stream
see
cent
code
amoco
oil
state
highway
differing
views
navigability
north
dakota
assert
competing
claims
title
certain
portions
bed
little
missouri
river
within
north
dakota
contends
river
never
navigable
claims
disputed
area
based
status
riparian
landowner
north
dakota
hand
asserts
river
navigable
october
date
north
dakota
attained
statehood
therefore
title
disputed
bed
vested
doctrine
date
since
least
issuing
riverbed
oil
gas
leases
private
entities
seeking
resolve
dispute
ownership
riverbed
north
dakota
filed
suit
district
several
federal
officials
state
complaint
requested
injunctive
mandamus
relief
directing
defendants
cease
desist
develop
ing
otherwise
exercising
privileges
ownership
upon
bed
little
missouri
river
within
state
north
dakota
sought
declaratory
judgment
eclaring
little
missouri
river
navigable
river
purpose
determining
ownership
bed
app
jurisdictional
basis
suit
north
dakota
invoked
federal
question
mandamus
declaratory
judgment
relief
judicial
review
provisions
administrative
procedure
act
app
north
dakota
original
complaint
mention
qta
however
district
required
state
amend
complaint
recite
claim
thereunder
app
pet
cert
pp
state
complied
filed
amended
complaint
app
matter
thereafter
proceeded
trial
north
dakota
introduced
evidence
support
claim
river
navigable
date
statehood
federal
defendants
denying
navigability
presented
evidence
point
evidence
limited
showing
statute
limitations
purposes
state
notice
claim
years
prior
commencement
suit
trial
district
rendered
judgment
north
dakota
first
concluded
little
missouri
river
navigable
north
dakota
attained
title
bed
statehood
doctrine
submerged
lands
act
supp
nd
applying
deemed
accepted
rule
construction
statutes
limitations
apply
sovereigns
unless
contrary
legislative
intention
clearly
evident
express
language
statute
otherwise
rejected
defendants
claim
north
dakota
suit
barred
qta
statute
limitations
district
accordingly
entered
judgment
quieting
north
dakota
title
bed
river
app
pet
cert
pp
appeals
affirmed
respects
defendants
petition
certiorari
granted
challenged
appeals
conclusion
qta
statute
limitations
inapplicable
north
dakota
filed
conditional
asserting
even
suit
qta
barred
judgment
still
correct
qta
remedy
exclusive
suit
federal
officers
still
maintainable
wholly
aside
qta
submission
appeals
find
necessary
address
also
urged
state
respondent
ground
affirming
judgment
favor
see
new
york
telephone
dayton
board
education
brinkman
grant
heretofore
remained
pending
first
address
question
presented
ii
union
like
entities
barred
federal
sovereign
immunity
suing
absence
express
waiver
immunity
congress
california
arizona
minnesota
kansas
upon
passage
qta
waive
immunity
respect
suits
involving
title
land
prior
others
asserting
title
land
claimed
limited
means
obtaining
resolution
title
dispute
attempt
induce
file
quiet
title
action
petition
congress
executive
discretionary
relief
also
since
passage
tucker
act
claimants
willing
settle
monetary
damages
rather
title
disputed
land
sue
claims
attempt
make
constitutional
claim
compensation
see
malone
bowdoin
enterprising
claimants
also
pressed
officer
suit
another
possible
means
obtaining
relief
title
dispute
federal
government
typical
officer
suit
involving
title
dispute
claimant
proceed
federal
officials
charged
supervision
disputed
area
rather
suit
ejectment
injunction
writ
mandamus
forbidding
defendant
officials
interfere
claimant
property
rights
device
circumventing
federal
sovereign
immunity
land
title
disputes
officer
suit
ultimately
prove
successful
appeared
accept
device
early
cases
see
lee
meigs
lessee
cranch
later
cases
however
inconsistent
held
suits
barred
sovereign
immunity
others
fair
say
reconcile
completely
decisions
field
procrustean
task
malone
bowdoin
supra
compare
cases
cited
cited
malone
cut
tangle
previous
decisions
applied
land
disputes
rule
announced
larson
domestic
foreign
action
federal
officer
affecting
property
claimed
plaintiff
made
basis
suit
specific
relief
officer
individual
officer
action
within
officer
statutory
powers
within
powers
powers
exercise
particular
case
constitutionally
void
malone
supra
quoting
larson
supra
background
congress
considered
passed
qta
hearing
bill
possibility
called
attention
congress
predominant
view
however
citizens
asserting
title
right
possession
lands
claimed
without
benefit
recourse
courts
doctrine
sovereign
immunity
congress
sought
rectify
state
affairs
original
version
bill
became
qta
short
simple
substantive
provision
provided
qualifications
whatsoever
stated
entirety
may
named
party
civil
action
brought
person
quiet
title
lands
claimed
cong
rec
executive
branch
opposed
original
version
proposed
stead
elaborate
bill
reprinted
pp
providing
several
appropriate
safeguards
protection
public
interest
executive
proposal
made
justice
department
limited
waiver
sovereign
immunity
several
important
respects
first
excluded
indian
lands
scope
waiver
executive
branch
felt
waiver
immunity
area
consistent
specific
commitments
made
indians
treaties
agreements
second
order
insure
waiver
serve
disrupt
costly
ongoing
federal
programs
involve
disputed
lands
proposal
allowed
option
paying
money
damages
instead
surrendering
property
lost
case
merits
third
justice
department
proposal
provided
legislation
prospective
effect
apply
claims
accrued
prior
date
enactment
deemed
necessary
workload
justice
department
courts
develop
rate
absorbed
fourth
insure
stale
claims
opened
litigation
proposed
bill
included
statute
limitations
senate
accepted
justice
department
proposal
notable
exception
provision
given
bill
prospective
effect
version
bill
contained
grandfather
clause
allowed
old
claims
asserted
two
years
bill
became
law
primarily
grandfather
clause
executive
branch
still
accept
bill
department
justice
argued
clause
cause
flood
litigation
old
claims
many
already
submitted
congress
rejected
thereby
putting
undue
burden
department
courts
compromise
department
proposed
give
insistence
prospective
language
accept
increase
statute
limitations
years
exchange
elimination
grandfather
clause
proposal
effect
making
bill
retroactive
period
house
included
compromise
version
bill
passed
senate
acquiesced
bill
became
law
compromise
language
intact
light
legislative
history
need
detained
long
north
dakota
contention
avoid
qta
statute
limitations
restrictions
device
officer
suit
north
dakota
position
correct
carefully
crafted
provisions
qta
deemed
necessary
protection
national
public
interest
averted
require
suspension
disbelief
ascribe
congress
design
allow
careful
thorough
remedial
scheme
circumvented
artful
pleading
brown
gsa
allow
claimants
try
federal
government
title
land
theory
indian
lands
exception
qta
rendered
nugatory
also
dispossessed
disputed
property
without
afforded
option
paying
damages
thereby
thwarting
congressional
intent
avoid
disruptions
costly
federal
activities
finally
relevant
present
cases
qta
statute
limitations
one
point
executive
branch
insistent
avoided
contrary
wish
congress
unlimited
number
suits
involving
stale
claims
might
instituted
brown
gsa
supra
instructive
case
held
civil
rights
act
exclusive
remedy
federal
employment
discrimination
problematic
whether
judicial
relief
available
prior
passage
act
prevailing
congressional
view
none
balance
completeness
structural
integrity
statute
belied
contention
designed
merely
supplement
putative
judicial
relief
thus
applied
rule
precisely
drawn
detailed
statute
general
remedies
rule
equally
applicable
present
context
accordingly
need
reach
question
whether
prior
larson
domestic
foreign
malone
bowdoin
permitted
officer
suit
maintained
present
circumstances
hold
congress
intended
qta
provide
exclusive
means
adverse
claimants
challenge
title
real
property
iii
also
agree
north
dakota
submission
accepted
district
appeals
subject
operation
issue
purely
one
statutory
interpretation
find
support
north
dakota
position
either
plain
statutory
language
legislative
history
basic
rule
federal
sovereign
immunity
sued
without
consent
congress
necessary
corollary
rule
congress
attaches
conditions
legislation
waiving
sovereign
immunity
conditions
must
strictly
observed
exceptions
thereto
lightly
implied
see
lehman
nakshian
kubrick
honda
clark
soriano
sherwood
waiver
legislation
contains
statute
limitations
limitations
provision
constitutes
condition
waiver
sovereign
immunity
accordingly
although
construe
provision
unduly
restrictively
must
careful
interpret
manner
extend
waiver
beyond
congress
intended
kubrick
supra
citing
soriano
supra
indian
towing
accordingly
finding
congress
intended
exempt
satisfying
condition
waiver
immunity
insist
clear
indication
intention
proceeding
accordance
principles
observe
expressly
civil
action
unless
filed
within
years
date
accrued
statutory
language
makes
exception
civil
actions
evidence
legislative
history
suggesting
congress
intended
exempt
condition
attached
immunity
waiver
facts
alone
light
approach
sovereign
immunity
cases
appear
compel
conclusion
entitled
exemption
strictures
state
however
relies
canon
statutory
construction
tatutes
limitation
held
embrace
state
unless
expressly
designated
necessarily
included
nature
mischiefs
remedied
weber
board
harbor
wall
accord
guaranty
trust
expressly
include
state
north
dakota
urges
appeals
held
state
barred
statute
recognizing
immunity
waivers
carefully
construed
appeals
concluded
precedence
given
competing
canon
statutory
construction
statutes
limitations
apply
absent
express
legislative
inclusion
agree
fashioning
waiver
legislation
congress
certainly
free
exempt
statute
limitations
condition
waiver
merit
north
dakota
assertion
condition
congressional
waiver
federal
sovereign
immunity
regarded
inapplicable
absence
express
intent
contrary
never
sanctioned
rule
quite
contrary
louisiana
held
general
statute
limitations
one
expressly
mention
barred
state
claim
federal
government
minnesota
waived
immunity
condition
suit
brought
federal
concluded
without
hesitation
plaintiff
state
suit
dismissed
lack
jurisdiction
filed
state
even
though
condition
expressly
apply
thus
neither
congress
decisions
suggested
presumed
exempt
satisfying
conditions
placed
congress
immunity
waivers
light
constitution
makes
federal
law
ultimately
holdings
surprising
discount
importance
generally
applicable
rule
statutory
construction
relied
upon
appeals
judicially
created
rule
sovereign
normally
exempt
operation
generally
worded
statute
limitations
retained
vigor
serves
public
policy
preserving
public
rights
revenues
property
injury
loss
negligence
public
officers
guaranty
trust
supra
thus
cases
rule
interests
citizens
north
dakota
affording
protection
negligence
state
officials
failing
comply
otherwise
applicable
statute
limitations
even
assuming
however
rule
relevance
construing
applicability
congressionally
imposed
statute
limitations
expressly
including
congress
apparent
must
follow
legislative
history
outlined
part
ii
shows
congress
agreed
executive
necessary
protection
national
public
interests
general
suit
state
affects
congressionally
recognized
national
public
interests
degree
suit
private
entity
therefore
rule
designed
protect
interests
citizens
one
particular
state
must
yield
face
evidence
congress
determined
national
interest
requires
contrary
rule
convinced
congress
intention
exempting
compliance
section
must
applied
necessarily
included
nature
mischiefs
remedied
weber
board
harbor
supra
thus
conclude
must
fully
adhere
requirements
suing
qta
iv
north
dakota
finally
argues
even
congress
intended
apply
even
valid
applied
suits
relating
kinds
land
section
unconstitutional
doctrine
tenth
amendment
insofar
purports
bar
claims
lands
constitutionally
vested
state
unable
agree
state
probably
correct
stating
congress
without
making
provision
payment
compensation
pass
law
depriving
state
land
vested
constitution
law
run
afoul
doctrine
tenth
amendment
asserted
north
dakota
constitute
taking
state
property
without
compensation
violation
fifth
amendment
section
however
purport
strip
state
anyone
else
matter
property
rights
statute
limits
time
quiet
title
suit
filed
unlike
adverse
possession
provision
purport
effectuate
transfer
title
claimant
title
disputed
tract
land
retains
title
even
suit
quiet
title
deemed
dismissal
pursuant
quiet
title
property
title
dispute
remains
unresolved
nothing
prevents
claimant
continuing
assert
title
hope
inducing
file
quiet
title
suit
matter
finally
put
rest
merits
thus
see
constitutional
infirmity
constitutional
claim
become
claim
see
board
regents
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constitution
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dakota
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dakota
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suit
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courts
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dakota
suit
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cases
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footnotes
parts
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area
claim
bed
founded
reasons
status
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landowner
see
tr
complaint
named
defendants
secretary
interior
secretary
agriculture
director
bureau
land
management
chief
forest
service
app
defendants
alleged
final
authority
agencies
presently
unlawfully
asserting
ownership
sovereign
lands
state
north
dakota
north
dakota
amended
complaint
name
party
defendant
even
though
appears
proper
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defendant
solicitor
general
expressly
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petitioners
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dakota
case
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evidence
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dakota
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dakota
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bring
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time
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must
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years
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dakota
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years
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provide
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reasonable
time
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legislative
history
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position
north
dakota
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congressional
silence
appeals
north
dakota
notes
references
house
committee
report
persons
citizens
individual
citizens
absence
references
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language
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report
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orleans
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authorities
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oklahoma
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see
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lands
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dakota
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dakota
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law
many
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presumably
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take
land
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possession
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law
north
dakota
asserts
disputed
land
public
trust
land
ever
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possession
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dakota
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federal
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dakota
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rule
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limitation
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sovereign
rule
especially
appropriate
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cases
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title
act
sole
relief
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dakota
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invocation
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immunity
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immunity
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intent
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officers
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policies
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lands
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power
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case
order
show
wisdom
propriety
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statute
never
operates
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pet
lands
controversy
held
trust
public
north
dakota
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app
pet
cert
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north
dakota
state
water
conservation
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therefore
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policies
underlying
doctrine
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