1. Whether an assumed tribal custom can survive the extinguishment of aboriginal rights by Congress and undermine conveyances of land that were transferred in fee simple absolute?2. Whether the legal presumption of an “easement by necessity” is protected against contradiction by the parol evidence rule, and whether the relaxation of the rule amounts to a taking of property under the Due Process Clause?3. Whether the judicial elimination of a well-established common law right to private property, absolutely necessary for the enjoyment of property, constitutes a judicial taking under the Fifth and Fourteenth Amendments?
Lower court materials here.