North Dakota v. United States (460 U.S. 300)
U.S. Supreme Court · decided March 7, 1983 · Supreme Court Database (Spaeth)
- Citation
- 460 U.S. 300 · 103 S. Ct. 1095
- Decided
- March 7, 1983
- Term
- October Term 1982
- Vote
- 7–2
- Majority author
- Justice Blackmun
- Issue area
- Federalism
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Liberal
Opinion excerpt
Justice Blackmun delivered the opinion of the Court. Under the federal Migratory Bird Hunting Stamp Act, the Secretary of the Interior is authorized to acquire easements over small wetland areas suitable for migratory waterfowl breeding and nesting grounds. Although the State of North Dakota initially consented to the Secretary’s acquisition of easements over certain wetlands, the State now seeks to withdraw its consent and to impose conditions on any future acquisitions. This has led to the present litigation, for the State’s present posture raises the question whether the Secretary may proceed to acquire easements pursuant to North Dakota’s prior consent. A In 1929, the Migratory Bird Conservation Act (Conservation Act), 45 Stat. 1222, ch. 257, 16 U. S. C. §715 et seq., became law. By § 5 of that Act, 45 Stat. 1223, the Secretary of the Interior was authorized to acquire land “for use as inviolate sanctuaries for migratory birds.” Land acquisitions under the Conservation Act are subject to certain conditions: they must be approved in advance by the Migratory Bird Conservation Commission, §§2 and 5, 16 U. S. C. §§715a and 715d, and the State in which the land is located must “have consented by law to the acquisition,” § 7, 16 U. S. C. § 715f. In 1934, in order to provide funding for land acquisitions under the Conservation Act, the Migratory Bird Hunting Stamp Act (Stamp…
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