222159P.pdf   08/30/2023  EEE Minerals, LLC  v.  State of North Dakota
   U.S. Court of Appeals Case No:  22-2159
   U.S. District Court for the District of North Dakota - Western   
   [PUBLISHED] [Colloton, Author, with Melloy and Gruender, Circuit Judges] 
   Civil case. Plaintiffs alleged the State had taken mineral rights from 
   them in violation of the Fifth Amendment; North Dakota Century Code Sec. 
   61-33, 1-01 to -07 is not preempted by the federal Flood Control Act, 33 
   U.S.C. Sec. 701 c-1 (1938); the State's action under North Dakota law to 
   determine a high water mark for the Missouri River does not interfere with 
   the objectives of the Flood Control Act; plaintiffs claim that the State 
   took their mineral rights without just compensation is barred by the 
   Eleventh Amendment; equitable relief was unavailable to enjoin an alleged 
   taking of private property where, as here, a remedy at law is available 
   through a suit for just compensation in state court; the complaint did not 
   allege that the Commissioner of University and School Lands was sued in 
   his individual capacity and he is deemed to have been sued in his official 
   capacity; money damages are not available against him in his official 
   capacity as Commissioner of University and School Lands.