Babbitt v. Youpee
| Babbitt v. Youpee | |
|---|---|
| Argued December 6, 1996 Decided January 21, 1997 | |
| Full case name | Bruce Babbitt, Secretary of the Interior, et al. v. Marvin K. Youpee, Sr., et al. |
| Citations | 519 U.S. 234 (more) |
| Case history | |
| Prior | Youpee v. Babbitt, 857 F. Supp. 760 (D. Mont. 1994) aff'd, 67 F.3d 194 (9th Cir. 1995) |
| Holding | |
| A provision which escheats property to tribe upon owner's death any fractional interest in allotment which constitutes less than two percent of the allotment and has not produced $100 in income over the past five years, unless it is devised or descends to owner of another fractional interest in the allotment, works an unconstitutional taking | |
| Court membership | |
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| Case opinions | |
| Majority | Ginsburg, joined by Rehnquist, O'Connor, Scalia, Kennedy, Souter, Thomas, Breyer |
| Dissent | Stevens |
| Laws applied | |
| 25 U.S.C. § 2206 | |
Babbitt v. Youpee, 519 U.S. 234 (1997), was a United States Supreme Court case in which the Court held that a provision which escheats property to tribe upon owner's death any fractional interest in allotment which constitutes less than two percent of the allotment and has not produced $100 in income over the past five years, unless it is devised or descends to owner of another fractional interest in the allotment, works an unconstitutional taking.