Block v. North Dakota Ex Rel. Board of University & School Lands

461 U.S. 273, 103 S. Ct. 1811, 75 L. Ed. 2d 840, 1983 U.S. LEXIS 26, 51 U.S.L.W. 4511
CourtSupreme Court of the United States
DecidedMay 2, 1983
Docket81-2337
StatusPublished
Cited by1,002 cases

This text of 461 U.S. 273 (Block v. North Dakota Ex Rel. Board of University & School Lands) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Block v. North Dakota Ex Rel. Board of University & School Lands, 461 U.S. 273, 103 S. Ct. 1811, 75 L. Ed. 2d 840, 1983 U.S. LEXIS 26, 51 U.S.L.W. 4511 (1983).

Opinions

[275]*275Justice White

delivered the opinion of the Court.

Under the Quiet Title Act of 1972 (QTA),1 the United States, subject to certain exceptions, has waived its sover[276]*276eign immunity and has permitted plaintiffs to name it as a party defendant in civil actions to adjudicate title disputes involving real property in which the United States claims an interest. These cases present two separate issues concerning the QTA. The first is whether Congress intended the QTA to provide the exclusive procedure by which a claimant can judicially challenge the title of the United States to real [277]*277property. The second is whether the QTA's 12-year statute of limitations, 28 U. S. C. § 2409a(f), is applicable in instances where the plaintiff is a State, such as respondent North Dakota. We conclude that the QTA forecloses the other bases for relief urged by the State, and that the limitations provision is as fully applicable to North Dakota as it is to all others who sue under the QTA.

I

It is undisputed that under the equal-footing doctrine first set forth in Pollard's Lessee v. Hagan, 3 How. 212 (1845), North Dakota, like other States, became the owner of the beds of navigable streams in the State upon its admission to the Union. It is also agreed that under the law of North Dakota, a riparian owner has title to the center of the bed of a nonnavigable stream. See N. D. Cent. Code § 47-01-15 (1978); Amoco Oil Co. v. State Highway Dept., 262 N. W. 2d 726, 728 (N. D. 1978). Because of differing views of naviga- bility, the United States and North Dakota assert competing claims to title to certain portions of the bed of the Little Mis- souri River within North Dakota. The United States con- tends that the river is not now and never has been navigable, and it claims most of the disputed area based on its status as riparian landowner.2 North Dakota, on the other hand, asserts that the river was navigable on October 1, 1889, the date North Dakota attained statehood, and therefore that title to the disputed bed vested in it under the equal-footing doctrine on that date. Since at least 1955, the United States has been issuing riverbed oil and gas leases to private

entities. Seeking to resolve this dispute as to ownership of the riverbed, North Dakota filed this suit in the District [278]*278against several federal officials.3 The State’s complaint requested injunctive and mandamus relief directing the defendants to “cease and desist from developing] or otherwise exercising privileges of ownership upon the bed of the Little Missouri River within the State of North Dakota,” and it further sought a declaratory judgment “[declaring the Little Missouri River to be a navigable river for the purpose of determining ownership of the bed.” App. 9. As the jurisdictional basis for its suit, North Dakota invoked 28 U. S. C. § 1331 (federal question); 28 U. S. C. § 1361 (mandamus); 28 U. S. C. §§ 2201-2202 (declaratory judgment and further relief); and 5 U. S. C. §§701-706 (the judicial review provisions of the Administrative Procedure Act). App. 6. North Dakota’s original complaint did not mention the QTA. However, the District Court required the State to amend its complaint to recite a claim thereunder. App. to Pet. for Cert. in No. 81-2337, pp. A-14 — A-16. The State complied and filed an amended complaint. App. 13-16.4

The matter thereafter proceeded to trial. North Dakota introduced evidence in support of its claim that the river was navigable on the date of statehood.5 The federal defendants, while denying navigability, presented no evidence on [279]*279this point;6 their evidence was limited to showing, for statute of limitations purposes, that the State had notice of the United States’ claim more than 12 years prior to the commencement of the suit.

After trial, the District Court rendered judgment for North Dakota. The court first concluded that the Little Missouri River was navigable in 1889 and that North Dakota attained title to the bed at statehood under the equal-footing doctrine and the Submerged Lands Act of 1953, 43 U. S. C. § 1311(a). 506 F. Supp. 619, 622-624 (ND 1981). Then, applying what it deemed to be an accepted rule of construction that statutes of limitations do not apply to sovereigns unless a contrary legislative intention is clearly evident from the express language of the statute or otherwise, the court rejected the defendants’ claim that North Dakota’s suit was barred by the QTA’s 12-year statute of limitations, 28 U. S. C. §2409a(f). 506 F. Supp., at 625-626.7 The District Court accordingly entered judgment quieting North Dakota’s title to the bed of the river. App. to Pet. for Cert. in No. 81-2337, pp. A-29 — A-30.8 The Court of Appeals affirmed in all respects. 671 F. 2d 271 (CA8 1982).

[280]*280The defendants’ petition for certiorari, which we granted, 459 U. S. 820 (1982), challenged only the Court of Appeals’ conclusion that the QTA’s statute of limitations is inapplicable to States. North Dakota filed a conditional cross-petition, No. 82-132, asserting that even if its suit under the QTA is barred by §2409a(f), the judgment below is still correct because the QTA remedy is not exclusive and its suit against the federal officers is still maintainable wholly aside from the QTA. This submission, which the Court of Appeals did not find it necessary to address, is also urged by the State, as respondent in No. 81-2337, as a ground for affirming the judgment in its favor. See United States v. New York Telephone Co., 434 U. S. 159, 166, n. 8 (1977); Dayton Board of Education v. Brinkman, 433 U. S. 406, 419 (1977). We now grant the cross-petition, which heretofore has remained pending, and we first address the question presented by it.

n

The States of the Union, like all other entities, are barred by federal sovereign immunity from suing the United States in the absence of an express waiver of this immunity by Congress. California v. Arizona, 440 U. S. 59, 61-62 (1979); Minnesota v. United States, 305 U. S. 382, 387 (1939); Kansas v. United States, 204 U. S. 331, 342 (1907). Only upon passage of the QTA did the United States waive its immunity with respect to suits involving title to land.

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Bluebook (online)
461 U.S. 273, 103 S. Ct. 1811, 75 L. Ed. 2d 840, 1983 U.S. LEXIS 26, 51 U.S.L.W. 4511, Counsel Stack Legal Research, https://law.counselstack.com/opinion/block-v-north-dakota-ex-rel-board-of-university-school-lands-scotus-1983.