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North Dakota v. United States

United States Supreme Court

460 U.S. 300 (1983)

Relevant factsFree

Under the Wetlands Loan Act, North Dakota governors consented to federal acquisition of easements over roughly 1.5 million acres of wetlands between 1961 and 1977. After a dispute, the state enacted 1977 legislation limiting easements to 99 years and letting landowners drain newly expanded wetlands; the federal government sued for a declaratory judgment that this legislation did not apply, and the lower courts agreed.

IssueFree

Whether a state may withdraw its consent to federal easements or impose conditions on easement acquisition if doing so is hostile to federal law and interests.

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