Real Property: Pipeline Right-of-Way-Indian Trust Lands-Trespass

Plaintiffs appealed the dismissal of their trespass, unjust enrichment and breach of easement claims. Defendant’s predecessor received a 20-year right-of-way for a pipeline crossing Indian lands held in trust. Although the right-of-way expired, defendant continued operating the pipeline. Plaintiffs filed a class action alleging that the pipeline trespassed on their federal common law right to possess their individually-owned tracts on Indian land, seeking damages, disgorgement of profits and an injunction requiring removal of the pipeline. The district court ultimately dismissed plaintiffs’ complaint and denied their motion to intervene in a related action.

Where plaintiffs were equitable owners of land held in trust by the federal government, they did not have standing to pursue a common law action for trespass.  However, because the U.S. as trustee had asserted similar claims on behalf of tract holders in a related action, the court reversed for reconsideration of plaintiffs’ motion to intervene in that action.

Judgment is affirmed in part and reversed in part.

Chase v. Andeavor Logistics, L.P. (MLW No. 84290/Case No. 23-3019 – 37 pages) (U.S. Court of Appeals, 8th Circuit, Loken, J.) Appealed from U.S. District Court, District of North Dakota, Traynor, J. (Leonard R. Powell, Washington, D.C. for appellant; Krystalyn Kinsel, Washington, D.C.; Dustin T. Greene, Winston-Salem, NC; Keith and Michael Harper, Washington, D.C. on the brief) (Mark T. Emery, Washington, D.C. for appellee; Jeffrey A. Webb, San Antonio, TX and David Kearns, Washington, D.C. on the brief)