Babbitt v. Youpee

The Court decided that amended Section 207 of the Indian Land Consolidation Act violated the Fifth Amendment's Just Compensation Clause. The provision severely limited an owner's ability to pass fractional Indian land interests to heirs.

The Court ruled 8–1, with Justices Rehnquist, O'Connor, Scalia, Kennedy, Souter, Thomas, Ginsburg, and Breyer in the majority; Justice Stevens dissented.

The Court voted 8-1. Chief Justice Rehnquist and Justices O'Connor, Scalia, Kennedy, Souter, Thomas, Ginsburg, and Breyer were in the majority; Justice Stevens dissented.

Majority

Rehnquist

O'Connor

Scalia

Kennedy

Souter

Thomas

Ginsburg

Breyer

Dissent

Stevens

“The provision "severely restricts the right of an individual to direct the descent" of property.”

The decision protected people who own small shares of Indian land from losing control over who inherits their property. For example, an owner could not be barred from leaving a fractional land interest to family members under this provision.

The Court has finished the case. The amended inheritance restriction cannot be applied as written.

The Court said amended Section 207 violated the Fifth Amendment's requirement for compensation when government takes property rights.

Owners of fractional interests in Indian land and their heirs were affected. The law limited an owner's ability to choose who would inherit those interests.

The case is finished. The amended inheritance restriction cannot be applied as written.