Here is the complaint in LeBeau v. United States (D. S.D.):
Plaintiffs Casimir L. LeBeau, Clarence Mortenson, Raymond Charles Handboy, Sr., and Freddie Lebeau (collectively “Plaintiffs”), on behalf of themselves and the putative classes set forth below, bring this Complaint against the United States of America (“Defendant”), and bring this claim based upon an unlawful taking without just compensation of thousands of acres of land owned by Plaintiffs and other individuals. Plaintiffs seek declaratory relief ordering Defendant to perform its fiduciary duties as trustee of the individual Plaintiffs’ trust monies pursuant to federal law and common law trust principles, including an accounting of the monies owed to Plaintiffs and the putative classes.
***1. Nearly seventy years ago, Congress enacted a law authorizing the Army Corps of Engineers to develop a number of water control projects. Among these projects was the Pick Sloan Missouri River Basin Project (the “Pick-Sloan Project”), which involved the construction of six hydroelectric dams in the upper Missouri river basin. One of these dams, the Oahe Dam, impounds Lake Oahe, an artificial reservoir stretching almost the entire distance from Pierre, South Dakota, to Bismarck, North Dakota.2. In building the Oahe Dam and creating Lake Oahe, the United States flooded a vast area of North and South Dakota, including over 104,420 acres of land, some of which was owned by the Cheyenne River Sioux Tribe (the “Tribe”) and some of which was owned in allotments or in fee by individual members of the Tribe (the “Individual Landowners”). The Individual Landowners were required to evacuate their homes and abandon their land and its valuable resources to make way for an energy project benefiting only those downriver.
3. The Oahe Dam destroyed more Indian land than any other United States public works project. Over 180 families – 30% of the tribal population – were forced to leave their homes and sever the profound cultural connection that they had to the land.