Some background on the case:

Facts: The General Allotment Act of 1887 gave each male Sioux head of household 320 acres of land and most other individuals 160 acres. Act provided that the allotted land would be held in trust by the US. Rather than farm the land, the Sioux leased the land to white farmers and lived off of the rentals. But, over time, there was a great fractionation of interests on land; therefore, a small piece of land was owned by hundreds of people. This made a bookkeeping nightmare when distributing rents to the owner. With § 207 of the Land Consolidation Act, Congress tried to say than no fractional interest of less than 2% could pass by intestacy or devise; but instead escheat to the tribe.

Issue: Does the “escheat” provision of the Indian Land Consolidation Act affect a taking of property without just compensation?

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