Paul Sorum, et al. v. North Dakota, et al.
Takings
Does Federal law preempt State law for the purpose of determining ownership of the bed of navigable waters within a State?
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