Black Hills Institute Of Geological Research v. South Dakota School Of Mines And Technology

12 F.3d 737 (1994)

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Nature of the Case

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Facts

P collects and restores fossils for display in museums. P was excavating fossils in western South Dakota. Sue Hendrickson and discovered Sue on Williams' ranch while on break. Since 1969, the United States has held this ranch land in trust for the sole use and benefit of Williams, an Indian. Two days after the discovery, P began excavating Sue, the most complete and valuable Tyrannosaurus rex skeleton known to man, from Williams' land. P purported to purchase from Williams the right to excavate Sue for $5000. After excavation, P moved the ten tons of bones to Hill City, South Dakota, where scientists began the laborious process of restoring the fossil. Federal officers seized Sue and moved her to D. D claimed that P violated federal criminal statutes relating to federal lands. P brought suit at first to quiet title to Sue and then amended to require D to return the fossil. P argued that Sue was the personal property of Williams, which he transferred to P for $5000. The district court found that Sue was an interest in land under the trust land statutes. Because Williams failed to receive the Secretary of the Interior's approval for his attempted sale of Sue to P, the court reasoned, the transaction was void and D retained title to Sue in trust for Williams. P appealed.