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Constitutional Law Keyed to Choper
ASARCO v. Kadish
Citation:
490 U.S. 605 (1989)Facts
In 1910, Congress passed the New Mexico-Arizona Enabling Act, granting Arizona certain lands for the support of public schools. The Act imposed specific conditions on the sale or lease of these lands, including requirements for public auctions, advertising, and appraisals. Arizona incorporated these restrictions in its constitution. In 1927, Congress passed the Jones Act, extending the land grants to include mineral lands. Arizona’s law governing mineral leases, enacted in 1941, required payment of a 5% royalty but did not mandate advertising, appraisal, or public auction requirements. Various taxpayers and the Arizona Education Association sued, claiming the state statute violated federal law. The Arizona Supreme Court agreed and invalidated the statute as it pertained to nonhydrocarbon mineral leases. ASARCO and other mineral lessees petitioned the U.S. Supreme Court, raising jurisdictional questions about standing, finality, and whether the decision rested on adequate and independent state grounds.
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