Supreme Court of the United States · Official docket →
Public Service Company of New Mexico v. Lorraine Barboan, et al.
Paid petition · United States Court of Appeals for the Tenth Circuit, No. 16-2050 · judgment May 26, 2017
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
A common feature in the Eighth, Ninth and Tenth Circuits is “allotment land.” This land was once part of an Indian reservation but was carved out and “allotted” to individual members of the tribe as their own property, held in trust by the United States. In 1901, Congress enacted 25 U.S.C. § 357, which allows States and state-authorized public utilities to condemn rights-of-way across allotment land for any public purpose, while paying fair market value to the allotment holders. The Tenth Circuit held that, when an Indian tribe acquires any interest in a parcel of allotment land – no matter how small that interest – the statute no longer applies and no part of the parcel may be condemned for any public purpose. The Questions Presented by the Tenth Circuit’s decision are:
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Does 25 U.S.C. § 357 authorize a condemnation action against a parcel of allotted land in which an Indian tribe has a fractional beneficial interest, especially where (a) the the tribe holds less than a majority interest, (b) the purpose of condemnation is to maintain a long-standing right-of-way for a public utility, and (c) the statute was not “passed for the benefit of dependent Indian tribes.” Alaska Pacific Fisheries v. United States, 248 U.S. 78, 89 (1918)?
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If 25 U.S.C. § 357 authorizes such a condemnation action, may the action move forward if the Indian tribe invokes sovereign immunity and cannot be joined as a party to the action?
Counsel of record
For petitioner
William Henry Hurd
Eckert Seamans Cherin & Mellott LLC
For respondent
Noel John Francisco
Jones Day
Proceedings
- Apr 30 2018Petition DENIED. Justice Gorsuch took no part in the consideration or decision of this petition.
- Apr 11 2018DISTRIBUTED for Conference of 4/27/2018.
- Apr 05 2018Reply of petitioner Public Service Company of New Mexico, a New Mexico Corporation filed.
- Mar 23 2018Brief of respondents Navajo Nation, et al. in opposition filed.
- Mar 23 2018Brief of respondent United States in opposition filed.
- Feb 14 2018Motion to extend the time to file a response is granted and the time is further extended to and including March 23, 2018, for all respondents.
- Feb 13 2018Motion to extend the time to file a response from February 21, 2018 to March 23, 2018, submitted to The Clerk.
- Jan 18 2018Motion to extend the time to file a response is granted and the time is further extended to and including February 21, 2018, for all respondents.
- Jan 17 2018Motion to extend the time to file a response from January 22, 2018 to February 21, 2018, submitted to The Clerk.
- Dec 22 2017Brief amicus curiae of New Mexico Oil and Gas Association filed.
- Dec 22 2017Brief amici curiae of Edison Electric Institute, et al. filed.
- Dec 22 2017Brief amici curiae of Interstate Natural Gas Association of America and the Oklahoma Oil and Gas Association filed.
- Dec 14 2017Motion to extend the time to file a response is granted and the time is extended to and including January 22, 2018, for all respondents.
- Dec 12 2017Motion to extend the time to file a response from December 22, 2017 to January 22, 2018, submitted to The Clerk.
- Dec 12 2017Motion of United States for an extension of time not accepted for filing. (December 28, 2017)
- Nov 20 2017Petition for a writ of certiorari filed. (Response due December 22, 2017)
- Sep 15 2017Application (17A289) granted by Justice Sotomayor extending the time to file until November 20, 2017.
- Sep 11 2017Application (17A289) to extend the time to file a petition for a writ of certiorari from October 19, 2017 to November 20, 2017, submitted to Justice Sotomayor.