McKenzie County, North Dakota v. United States, et al.

In the 1930s, the United States reacquired numerous acres of farm and ranch lands in western North Dakota through negotiated condemnation proceedings with McKenzie County. The United States filed Declarations of Taking where it took title to the lands in “fee simple absolute” “subject . . . to the rights of [the] County . . . to a 6¼% perpetual royalty in minerals which may exist or may be developed on all of said tracts of land.” The final 1930’s Judgments entered by U.S. District Court for the District of North Dakota carried forward the language granting 6¼ percent royalty to McKenzie County. This conveyance was affirmed, and title to the royalty interest in the minerals was again quieted to the County in McKenzie County v. Hodel, Civ. No. 87-A4-211, J. in a Civil Action (D. N.D. June 24, 1991). Subsequently, the United States disavowed the conveyance of the 6¼ percent royalty interest in public domain minerals associated with tracts of land listed in the 1930’s Judgments. McKenzie County sought to enforce the prior judgments granting the County title to the 6¼ percent royalty interest in public domain minerals through the All Writs Act, but the Eighth Circuit Court of Appeals concluded that any claim to resolve title involving the 6¼ percent royalty must come under the Quiet Title Act and such a claim was time barred. The Question Presented is: Whether the finality and preclusive effect of prior judgments involving the United States’ title to property can be enforced through the All Writs Act or if a separate claim to enforce the judgments must be brought under the Quiet Title Act?