Rights of Way Over Indian Land
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, as well as legislative and regulatory changes like the Hearth Act and BIA’s 2015 Final Rule on Rights-of-Way on Indian Land, is crucial to maintaining control of your land and resources. Come learn what the recent changes to 25 CFR 169 say about tribal jurisdiction over lands subject to a right-of-way and how BIA’s process for obtaining a right-of-way on Indian land has been streamlined.
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.
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