Hodel v. Irving
| Hodel v. Irving | |
|---|---|
| Argued October 6, 1986 Decided May 18, 1987 | |
| Full case name | Hodel, Secretary of the Interior v. Irving et al. |
| Citations | 481 U.S. 704 (more) 107 S. Ct. 2076; 95 L. Ed. 2d 668 |
| Case history | |
| Prior | Irving v. Clark, 758 F.2d 1260 (8th Cir. 1985); probable jurisdiction noted, 474 U.S. 1049 (1986). |
| Holding | |
| The original version of § 207 of the Indian Land Consolidation Act effected a "taking" of appellees' decedents' property without just compensation. | |
| Court membership | |
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| Case opinions | |
| Majority | O'Connor, joined by Rehnquist, Brennan, Marshall, Blackmun, Powell, Scalia |
| Concurrence | Brennan, joined by Marshall, Blackmun |
| Concurrence | Scalia, joined by Rehnquist, Powell |
| Concurrence | Stevens, joined by White |
| Laws applied | |
| U.S. Const. amend. V | |
Hodel v. Irving, 481 U.S. 704 (1987), is a case in which the U.S. Supreme Court held that a statute ordering the escheat of fractional interests in real property which had been bequeathed to members of the Oglala Sioux tribe was an unconstitutional taking which required just compensation.