The U.S. Government Offered The Sioux More Than $1 Billion For The Black Hills – They Refused To Take The Money
What The Court Gave And What It Withheld
The distinction between what the Supreme Court awarded and what it declined to provide is the pivot on which the entire subsequent story turns.
The Fifth Amendment’s just compensation clause, as American courts have long interpreted it, provides a monetary remedy for government takings.
When the government takes property — for a highway, a dam, a military installation — the property owner is entitled to compensation.
But the clause does not, as courts have interpreted it, provide for the return of the taken property.
It provides for money.
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