Rights of Way Over Indian Land
Law
Rights of way over Indian lands are not like other rights
of way. Recent U.S. Supreme Court rulings illustrate how
they are granted as well as determine
whether a tribe will be able to retain its
jurisdiction to regulate and tax activities.
Understanding the recent court
decisions regarding rights of way is
crucial to maintaining control of your
land and resources.
This class provides an historical
overview of rights of way on reservation
lands. It covers the laws that govern their creation,
including condemnation, and provides solutions for situations when proper rights of way requirements are
not followed. It also discusses remedies for addressing
trespassing issues. In addition, it explores
how tribes can regulate and tax
activities on rights of way.
Rights of way are one of the most
important, but often least understood,
facets of managing and protecting
tribal real estate. You can’t afford to
rely on someone else. This issue is too
critical. Register now. Get ready to
unlock the mystery surrounding rights of way over Indian
lands.
Topics that will be covered include:
Overview of Federal Indian Land Law
- Historical perspective
- Territorial powers of tribes
- Aboriginal title
- Recognized title
- Trust, restricted fee and fee title
Rights of Way Fundamentals
- Overview of real property interests
- Discussion of terminology
- Traditional rights of way:
- Railroads
- Highways
- Utilities
Rights of Way Over Reservation Lands
- Statutes:
- 25 USC, Sec. 312 and Sec. 319 (e.g., railway, telegraph and telephone lines)
- 25 USC, Sec. 323-28 (e.g., all purposes, consent, compensation, rules and regulations)
- 43 USC, Sec. 961 (e.g., power and communications facilities)
- Regulations:
- 25 CFR, Part 169 (rights of way over Indian lands)
- Treaty rights
Condemnation for Rights of Way
- When is condemnation used?
- Condemnation process
- Condemnation of Indian lands:
- State authority
- Federal authority
- Tribal authority
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Remedies for Trespass
- Proper rights of way procedures
- Damages:
- United States v. Navajo Nation
- United States v. White Mountain Apache Tribe
- Ejectment
- Injunction
Regulation and Taxation
- Tribes’ rights and jurisdiction
- U.S. Supreme Court cases:
- Strate v. A-1 Contractors
- Atkinson Trading v. Shirley
- Nevada v. Hicks
- Other taxation and regulation issues
Practical Issues
- Strategies for negotiation/renegotiation of rights of way
- Working with outside entities
- Issues of current interest
- Learning the value of your tribe’s rights of way
- State road and utility negotiations
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