United States v. 10.69 Acres Of Land, More Or Less, In Yakima County

425 F.2d 317 UNITED STATES of America, Plaintiff-Appellant, v. 10.69 ACRES OF LAND, MORE OR LESS, IN YAKIMA COUNTY, State of Washington, and the Confederated Tribes and Bands of the Yakima Indian Nation, et al., Defendants-Appellees. No. 23443. United States Court of Appeals, Ninth Circuit. April 2, 1970. Rehearing Denied June 8, 1970. Jacques B. Gelin, Edmund Clark, Shiro Kashiwa, Asst. Atty. Gen., Dept. of Justice, Washington, D. C., Ronald R. Hull, Asst. U. S. Atty., Dean C. Smith, U. S. Atty., Yakima, Wash., for appellant. James B. Hovis, Smith, Scott & Hanson, Yakima, Wash., for appellee. Before CHAMBERS, BROWNING and KILKENNY, * Circuit Judges. BROWNING, Circuit Judge: 1 Invoking the provisions of 23 U.S.C. § 107 (a), the State of Washington requested the Department of Transportation to acquire 10.69 acres of land in Yakima County, Washington, for use in the construction of an interstate highway. The lands in question are Indian tribal lands held in trust by the United States for the benefit of the Confederated Tribes and Bands of the Yakima Indian Nation. 2 The Department of Justice, acting at the request of the Department of Transportation, commenced this…