HAMILTON V. NAKAI
453 F.2d 152 (9th Cir. 1971)
NATURE OF THE CASE: This was a declaratory action to resolve a dispute over ownership of
Indian lands.
FACTS: The Hopi Indian Tribe sued the Navajo Indian Tribe under P.L. 85-547 to determine
the rights and interests of the tribes in a reservation in Arizona that was established by
an Executive Order in 1882. A three judge panel held that, subject to the trust title of the
U.S., the Hopi tribe had the exclusive interest in that part of the reservation within the
boundaries of a land management district defined in 1943, and that both tribes had an
undivided and equal interest in all remaining land outside the 1943 defined land. The
Supreme Court affirmed this judgment. The Hopi tribe then petitioned the court for a writ of
assistance to enforce its rights (listed on page 126 Re 5th edition). The District Court
denied the petition and the Hopi appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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