Babbitt v. Youpee
1997 United States Supreme Court case / From Wikipedia, the free encyclopedia
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Babbitt v. Youpee, 519 U.S. 234 (1997), was a United States Supreme Court case in which the Court held that a provision which escheats property to tribe upon owner's death any fractional interest in allotment which constitutes less than two percent of the allotment and has not produced $100 in income over the past five years, unless it is devised or descends to owner of another fractional interest in the allotment, works an unconstitutional taking.
Quick Facts Babbitt v. Youpee, Argued December 6, 1996 Decided January 21, 1997 ...
Babbitt v. Youpee | |
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Argued December 6, 1996 Decided January 21, 1997 | |
Full case name | Bruce Babbitt, Secretary of the Interior, et al. v. Marvin K. Youpee, Sr., et al. |
Citations | 519 U.S. 234 (more) |
Case history | |
Prior | Youpee v. Babbitt, 857 F. Supp. 760 (D. Mont. 1994) aff'd, 67 F.3d 194 (9th Cir. 1995) |
Holding | |
A provision which escheats property to tribe upon owner's death any fractional interest in allotment which constitutes less than two percent of the allotment and has not produced $100 in income over the past five years, unless it is devised or descends to owner of another fractional interest in the allotment, works an unconstitutional taking | |
Court membership | |
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Case opinions | |
Majority | Ginsburg, joined by Rehnquist, O'Connor, Scalia, Kennedy, Souter, Thomas, Breyer |
Dissent | Stevens |
Laws applied | |
25 U.S.C. § 2206 |
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