HODEL v. IRVING

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Hodel V. Irving
Case Title and Facts: The United State Supreme Court held a case by the title Hodel v. Irving in the year 1987. The facts of the case were that; there was pursuant to a series of acts concerning lands, enacted by the Congress. The Indian people received individual allotments while the non-Indian settlers obtained unallotted lands. Landowners held the property in trust and conveyed to their descendants. If a person belonging to a certain tribe died without leaving a will, the property was to be divided among other heirs of that particular tribe member. As a result, the division of property led to the inheritance of minimal fractional interests (Posse and Esq 410). The Indian consolidation Act held transfer of specific minimal fractional interest away from heirs to tribal governments. Irving was one of the enrolled members of Oglala Sioux tribe who inherited a fractional interest in land that tribal government was taking away.
Procedural History: Back in the year 1887, the administration gave people parcels of land to settle down, and it was held in trust hence could not be sold. People passed the split-up possessions to their descendants hence multiple landowners, making administration cost of dealing with many settlers considerable. A law was passed that; 2% of interest in land parcels would be escheat, transferred to the government, and this made Sioux individuals including Irving, oppose the illegal taking.
Issues, Holding, and Reasoning: the question was whether a provision of acts, Indian Consolidation Act, supporting the taking of fractional interest to the tribal government was unconstitutional.

The US Supreme Court found and held that Indian Land Consolidation Act exercised an illegal taking, a violation of the Fifth Amendment. The reasoning was that the act of passing on properties to the heirs was a right to transfer. Also, the government was unsuccessful in arguing that they did not take people’s property.

Work Cited
Posse, O.A and Esq.”A Casebook Study Approach.” An Introduction to Torts, Contracts, Wills and Criminal Law. n.d. 410-425.