United States v. Gila River Pima-Maricopa Indian Community, Gila River Pima-Maricopa Indian Community v. United States

These are appeals by both sides from portions of a single judgment entered in consolidated actions brought by the United States to condemn successive terms of years in certain Indian lands in Arizona. The tract involved embraces approximately 1350 acres and is used by the government as an auxiliary airfield. We state only those facts that relate directly to the claims raised on appeal.

1. The appeal of the Indians.

In 1954, the government and the Indians entered into two agreements, called land permits, whereby the government was to have possession and use of the lands through June 30, 1956. Improvements placed on the lands by the government were to remain its property. The government was required to restore the lands to their original condition before termination of the permits, or, at its option, to make a cash payment to the Indians in lieu of restoration. Before June 30, 1956, the Indians demanded restoration, but' the- government did nothing. After that date, the Indians demanded the cash payment. None was made. There is a dispute as to whether the government retained possession after June 30, a dispute that we need not resolve.

On April 23,1957, the government filed the…