enabling_act
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and not restored to the public domain and open to settlement, but held by an | and not restored to the public domain and open to settlement, but held by an | ||
Indian allottee under a trust patent, are Indian lands over which the United | Indian allottee under a trust patent, are Indian lands over which the United | ||
- | States has exclusive jurisdiction. Ex Parte Van Moore, | + | States has exclusive jurisdiction. Ex Parte Van Moore, 221 F. 954 (D. S.D. 1915). |
Under the Enabling Act and the disclaimer provision in the Constitution of | Under the Enabling Act and the disclaimer provision in the Constitution of | ||
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States government to Indian allottees for use thereon, remained subject to | States government to Indian allottees for use thereon, remained subject to | ||
federal control until Congress relinquished the trust. United States v. | federal control until Congress relinquished the trust. United States v. | ||
- | Pearson, | + | Pearson, 231 F. 270 (D.S.D. 1916). |
Whether Indian pantentees of land in a reservation, | Whether Indian pantentees of land in a reservation, | ||
took to high or low watermark of a lake was not a question of state law. | took to high or low watermark of a lake was not a question of state law. | ||
- | Montana Power Co. v. Rochester, 127 F.2d 189 (9th Cir. 1942). | + | Montana Power Co. v. Rochester, |
== -Jurisdiction of State. == | == -Jurisdiction of State. == | ||
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upon the question of its adoption and upon the question of the adoption of the | upon the question of its adoption and upon the question of the adoption of the | ||
Constitution was legally adopted though it failed to receive a majority of | Constitution was legally adopted though it failed to receive a majority of | ||
- | votes cast for governor. State ex rel. Larabee v. Barnes, 3 N.D. 319, 55 N.W. | + | votes cast for governor. State ex rel. Larabee v. Barnes, |
883 (1893). | 883 (1893). | ||
</ | </ | ||
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permanency of the funds acquired through the grant. The state is limited to the | permanency of the funds acquired through the grant. The state is limited to the | ||
use of the interest from the permanent fund and the interest shall be used only | use of the interest from the permanent fund and the interest shall be used only | ||
- | for the support of schools. State ex rel. Bd. Of Univ. & Sch. Lands v. | + | for the support of schools. |
- | McMillan, 12 N.D. 280, 96 N.W. 310 (1903), distinguished, | + | State ex rel. Bd. Of Univ. & Sch. Lands v. McMillan, |
- | Cavalier, 59 N.D. 75, 228 N.W. 819 (1930). | + | [[https:// |
+ | Lang v. City of Cavalier, | ||
The assembly cannot divert nor authorize diversion of any part of the principal | The assembly cannot divert nor authorize diversion of any part of the principal | ||
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an individual, by the assembly directly, or by the board of university and | an individual, by the assembly directly, or by the board of university and | ||
school lands by legislative enactment is unconstitutional. State ex rel. Sathre | school lands by legislative enactment is unconstitutional. State ex rel. Sathre | ||
- | v. Board of Univ. & Sch. Lands, 65 N.D. 687, 262 N.W. 60 (1935). | + | v. Board of Univ. & Sch. Lands, |
</ | </ | ||
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highway commission contemplates that title to lands shall be acquired, such | highway commission contemplates that title to lands shall be acquired, such | ||
procedure cannot be resorted to acquire school land granted to the state. State | procedure cannot be resorted to acquire school land granted to the state. State | ||
- | Hwy. Comm'n v. State, 70 N. D. 673, 297 N.W. 194 (1940). | + | Hwy. Comm'n v. State, |
== Oil and Gas Leases == | == Oil and Gas Leases == | ||
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Under the Enabling Act, as amended, the state has full power to provide for the | Under the Enabling Act, as amended, the state has full power to provide for the | ||
execution of oil and gas leases on school and university lands. State ex rel. | execution of oil and gas leases on school and university lands. State ex rel. | ||
- | Rausch v. Amerada Petro. Corp., 78 N.D. 247, 49 N.W.2d 14 (1951). | + | Rausch v. Amerada Petro. Corp., |
== Taxation == | == Taxation == | ||
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the state, and no interest in the land is subject to taxation until a resale or | the state, and no interest in the land is subject to taxation until a resale or | ||
redemption is made. Upon reversion of the land to the state, all unpaid taxes | redemption is made. Upon reversion of the land to the state, all unpaid taxes | ||
- | levied thereon are canceled. State v. Towner County, 68 N.D. 629, 283 N.W. 63 | + | levied thereon are canceled. State v. Towner County, |
(1938). | (1938). | ||
enabling_act.1594494982.txt.gz · Last modified: 2020/07/11 19:16 by jet