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Stevens, J., dissenting
Justice Stevens, dissenting.
Section 207 of the Indian Land Consolidation Act, 25 U. S. C. § 2206, did not, in my view, effect an unconstitutional taking of William Youpee's right to make a testamentary disposition of his property. As I explained in Hodel v. Irving, 481 U. S. 704, 719-720 (1987) (opinion concurring in judgment), the Federal Government, like a State, has a valid interest in removing legal impediments to the productive development of real estate. For this reason, the Court has repeatedly "upheld the power of the State to condition the retention of a property right upon the performance of an act within a limited period of time." Texaco, Inc. v. Short, 454 U. S. 516, 529 (1982). I remain convinced that "Congress has ample power to require the owners of fractional interests in allotted lands to consolidate their holdings during their lifetimes or to face the risk that their interests will be deemed to be abandoned." Hodel, 481 U. S., at 732 (Stevens, J., concurring in judgment). The federal interest in minimizing the fractionated ownership of Indian lands—and thereby paving the way to the productive development of their property—is strong enough to justify the legislative remedy created by § 207, provided, of course, that affected owners have adequate notice of the requirements of the law and an adequate opportunity to adjust their affairs to protect against loss. See ibid.
In my opinion, William Youpee did have such notice and opportunity. With regard to notice, the requirements of § 207 are set forth in the United States Code. "Generally, a legislature need do nothing more than enact and publish the law, and afford the citizenry a reasonable opportunity to familiarize itself with its terms and to comply. . . . It is well established that persons owning property within a [jurisdiction] are charged with knowledge of relevant statutory provisions affecting the control or disposition of such property." Texaco, 454 U. S., at 531-532. Unlike the landowners in Hodel, Mr. Youpee also had adequate opportunity to comply.
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