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Indian Nations Legal Cases: Irrigation; Loan Default; Crimes on Reservation Land

Saturday, February 27, 2021 In  Olson v. United States, 2021 WL 137911 (Fed. Cl. 2021), lessees of trust land on the Yakama Reservation, sued the United States in the Court of Federal Claims under the  Tucker Act, contending that the Wapato Irrigation Project (WIP), which provided irrigation water to customers within the reservation, had violated its implicit agreement to provide water for their crops. The Court dismissed on the grounds that the United States, though acting as trustee for the trust beneficiaries, was not a party to the leases: “Each of these documents states that the lease or permit is a contract entered into ‘by and between the Indian or Indians named below (the Secretary of the Interior acting for and on behalf of the Indians) hereinafter called the ‘landlord,’ and an individual tenant. … Long-standing precedent from the Supreme Court, along with more recent binding precedent from the Federal Circuit, makes clear that the exercise of such

SD Supreme Court Upholds Rape, Kidnap Conviction

SD Department of Corrections An inmate serving a life sentence for kidnapping and rape is asking the South Dakota Supreme Court for a new trial. Harry David Evans says several aspects of his 2019 trial were unfair. One issue he raises is that the Seventh Circuit trial judge allowed evidence of Evans s misconduct from about 25 years earlier. The South Dakota Supreme Court heard oral arguments on Tuesday, Oct. 6. Victoria Wicks has more of this report for SDPB. Made possible by your generous gifts. And by the Friends of South Dakota Public Broadcasting. © 2021 SDPB Radio

South Dakota AG abandons effort to defend adult-use marijuana initiative

South Dakota AG abandons effort to defend adult-use marijuana initiative
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SD Supreme Court: No Summary Judgment For Sheriff Whose Search Trashed Trailer

SD Department of Corrections A property owner in Hamlin County says the sheriff there destroyed his trailer house in an unreasonable search. The sheriff says he has immunity for damages caused when he s just doing his job. A lower court refused to issue a summary judgment, saying it s a question for a jury, and the sheriff appeals that decision to the South Dakota Supreme Court. The Supreme Court will issue a decision at a later date. SDPB s Victoria Wicks reports on this case. Made possible by your generous gifts. And by the Friends of South Dakota Public Broadcasting. © 2021 SDPB Radio

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