Idaho v. Coeur d'Alene Tribe of Idaho, 521 U.S. 261, 30 (1997)

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290

IDAHO v. COEUR d'ALENE TRIBE OF IDAHO

Opinion of O’Connor, J.

ful possession of the artifacts. 458 U. S., at 692-697. Put another way, the plurality in Treasure Salvors would have permitted the suit to proceed not because the plaintiff's claim of title arguably rested on federal law, see post, at 311 (Souter, J., dissenting), but because state officials were acting beyond the authority conferred on them by the State, quite apart from whether their conduct also violated federal law. Because the Tribe does not pursue such a theory, Treasure Salvors provides little guidance here. In addition, whether or not the Court's ultimate holding in Treasure Salvors that the suit should proceed remains sound on the theory that the plaintiff identified a federal law basis for its claim of title, see post, at 307, n. 9 (Souter, J., dissenting), the only reasoning explicitly offered by the Treasure Salvors plurality was narrowed by our subsequent decision in Pennhurst State School and Hospital v. Halderman, 465 U. S. 89, 106 (1984) (plaintiff cannot invoke Young doctrine based solely on alleged violation of state law); see 465 U. S., at 114, n. 25.

Second, the Tribe invokes a series of cases in which plaintiffs successfully pursued in federal court claims that federal and state officials wrongfully possessed certain real property. See, e. g., United States v. Lee, 106 U. S. 196 (1882); Tindal v. Wesley, 167 U. S. 204 (1897). In both Lee and Tindal, the Court made clear that the suits could proceed against the officials because no judgment would bind the State. It was possible, the Court found, to distinguish between possession of the property and title to the property. See Lee, supra, at 222; Tindal, supra, at 223-224. A court could find that the officials had no right to remain in possession, thus conveying all the incidents of ownership to the plaintiff, while not formally divesting the State of its title. As noted, however, this case does not concern ownership and possession of an ordinary parcel of real property. When state officials are found to have no right to possess a disputed parcel of land, the State nevertheless retains its authority to

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