Sioux Tribe of Indians v. United States

Background

This case was brought by the Sioux tribe to recover money for millions of acres that the tribe says were taken when lands set aside for their use in 1875–1876 were later restored to the public in 1879 and 1884. The lands had been withdrawn by four presidential executive orders aimed at suppressing liquor traffic near Indian agencies. Later executive orders restored most of the land to the public domain. The tribe sued under a 1920 law that allowed old claims against the United States to be heard by the Court of Claims.

Reasoning

The central question was whether those earlier presidential orders gave the tribe a permanent, compensable ownership interest that required payment when the orders were revoked. The Court looked at how the Executive and Congress treated such executive-order reservations and found consistent evidence that those reservations gave only a temporary right to occupy the land ‘‘at the pleasure of the Government.’’ Congress and the executive branch had long treated executive-order reservations as different from treaty or statute-created reservations. The Court concluded there was no constitutional or statutory authority showing that the President could give the tribe a property interest that would require compensation when revoked.

Real world impact

The ruling means tribes generally cannot recover money when land that was only set aside by presidential order is returned to the public. It confirms that permanent compensation normally depends on a treaty or statute creating a vested right. The decision affects many past executive-order reservations and limits land claims based solely on such orders.