No. 20-899

Paul Sorum, et al. v. North Dakota, et al.

Lower Court: North Dakota
Docketed: 2021-01-05
Status: Denied
Type: Paid
Response Waived
Tags: anti-gift-clause conflict-preemption equal-footing-doctrine federal-dam-projects flood-control-act navigable-waters public-trust-doctrine submerged-lands-act
Key Terms:
Takings
Latest Conference: 2021-02-19
Question Presented (AI Summary)

Does Federal law preempt State law for the purpose of determining ownership of the bed of navigable waters within a State?

Question Presented (OCR Extract)

question presented is: Does Federal law preempt State law for the purpose of determining ownership of the bed of navigable waters within a State? 2. The Court held that the broad grant made by the Submerged Lands Act excluded all land acquired by eminent domain, whereas the plain language of the statute excludes only land acquired in_ the Government’s “proprietary capacity.” (43 U.S.C. § 1313(b)). The question presented is: After it is permanently submerged, is land acquired by the Federal Government as part of Federal dam projects included in the broad grant to the states made by the Submerged Land Act? i

Docket Entries

2021-02-22
Petition DENIED.
2021-01-13
DISTRIBUTED for Conference of 2/19/2021.
2021-01-12
Waiver of right of respondent The State of North Dakota, et al. to respond filed.
2020-12-18
Petition for a writ of certiorari filed. (Response due February 4, 2021)

Attorneys

Paul Sorum, et al.
Terrance William MooreHellmuth & Johnson, PLLC, Petitioner
Terrance William MooreHellmuth & Johnson, PLLC, Petitioner
The State of North Dakota, et al.
Matthew Arnold SagsveenNorth Dakota Office of Attorney General, Respondent
Matthew Arnold SagsveenNorth Dakota Office of Attorney General, Respondent