Reading Room Document

Government Taking of Mineral Rights Held in Trust for Indian Tribes

This document is a memorandum opinion on the matter of Indian lands, eminent domain, and mineral rights held by the United States as trustees. The conclusion reached in the document is that the mineral rights in question cannot be taken without a clear statutory intent to permit such action. The questions presented for review include whether the mineral rights held by the United States in trust for the Osage Tribe under a statute are subject to eminent domain, and whether the Winnebago rule applies to lands reserved by statute. Additionally, the document provides background information on the treaties and statutes related to the Osage Tribe's land and mineral rights.

July 16, 1979