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United States v. Clarke, 445 U.S. 253 (1980)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
United States v. Clarke, 445 U.S. 253 (1980)
United States v. Clarke No. 78-1693 Argued January 15, 16, 1980 Decided March 18, 1980 445 U.S. 253
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
Syllabus
Held: Title 25 U.S.C. § 357, which provides that lands allotted in severalty to Indians may be "condemned" for any public purpose under the laws of the State or Territory where located, does not authorize a state or local government to "condemn" allotted Indian trust lands by physical occupation. Under the "plain meaning" canon of statutory construction, the term "condemned" in § 357 refers to a formal condemnation proceeding instituted by the condemning authority for the purpose of acquiring title to private property and paying just compensation for it, not to an "inverse condemnation" action by a landowner to recover compensation for a taking by physical intrusion. Thus, the Court of Appeals erred in holding that § 357 permitted acquisition of allotted lands by inverse condemnation by certain cities in Alaska, even though Alaska law might allow the exercise of the power of eminent domain through inverse condemnation. Pp. 254-259.
590 F.2d 765, reversed.
REHNQUIST, J., delivered the opinion of the Court, in which BURGER, C.J., and BRENNAN, STEWART, MARSHALL, POWELL, and STEVENS, JJ., joined. BLACKMUN, J., filed a dissenting opinion, in which WHITE, J., joined, post, p. 259.
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Chicago: U.S. Supreme Court, "Syllabus," United States v. Clarke, 445 U.S. 253 (1980) in 445 U.S. 253 445 U.S. 254. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=AIBE9U51T9ZUX74.
MLA: U.S. Supreme Court. "Syllabus." United States v. Clarke, 445 U.S. 253 (1980), in 445 U.S. 253, page 445 U.S. 254. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=AIBE9U51T9ZUX74.
Harvard: U.S. Supreme Court, 'Syllabus' in United States v. Clarke, 445 U.S. 253 (1980). cited in 1980, 445 U.S. 253, pp.445 U.S. 254. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=AIBE9U51T9ZUX74.
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