Monday, November 25, 2013

Babbitt v. Youpee case brief

Babbitt v. Youpee case brief summary
519 U.S. 234 (1997)

Petitioner secretary challenged the judgment of the United States Court of Appeals for the Ninth Circuit which affirmed an order of a lower court which granted respondent heirs of decedent Indian declaratory and injunctive relief in their suit, alleging that amended § 207 of the Indian Land Consolidation Act, 25 U.S.C.S. § 2206, violated the Just Compensation Clause of the Fifth Amendment.


  • The court affirmed the judgment of the lower court because it determined that § 207 was invalid; it effected a taking of property without just compensation in violation of the Fifth Amendment. 
  • The court previously had invalidated the statute prior to its amendment. 
  • The court determined that the narrow revisions that Congress made to the statute did not warrant a different disposition.
The court affirmed the judgment of the lower court.

Recommended Supplements and Study Aids for Property Law

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