United States v. Cherokee Nation of Oklahoma
United States Supreme Court
480 U.S. 700 (1987)
- Written by Eric Miller, JD
Facts
The United States government (defendant) constructed a channel from the mouth of the Arkansas River to a port town in eastern Oklahoma for the purpose of improving navigation. The construction project cut through the land of the Cherokee Nation (the Cherokees) (plaintiff). Later, in Choctaw Nation v. Oklahoma, 397 U.S. 620 (1970), the United States Supreme Court held that the Cherokees, Chickasaws, and Choctaws held fee-simple title to the riverbed underlying the portions of the Arkansas River that ran through the tribes’ lands. In light of this decision, the Cherokees sought compensation from the government for damage to the riverbed resulting from the construction project. The federal district court granted summary judgment in favor of the Cherokees, finding that the project amounted to a taking under the Takings Clause of the Fifth Amendment to the United States Constitution. The federal court of appeals affirmed, basing its holding on a balancing of the government’s navigational authority and the Cherokees’ private-property interests. The government appealed to the United States Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Rehnquist, C.J.)
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