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No.

The Acquisition of Easements over Native American Lands For Transportation Project provides an excellent summary that includes:

... when lands are held in trust for Native Americans ... the recourse to use eminent domain is not available, except in rare instances and then only through the Federal courts. This places an emphasis on resolving and negotiating all settlements with Tribal and individuals holding an interest in the trust lands required for the highway or other transportation improvement.

 

Within 25 CFR Part 169 the provisions related to obtaining a highway easement clearly state that obtaining easements over Indian lands requires the prior written consent of the Tribe and owners of such lands. This applies to securing permission to survey and for the specific terms and conditions of use required for the proposed project.

25 CFR 129 clearly indicates the Federal government requires tribal permission for use of the land, and that tribes are not subject to state governments.

Having said that, there are always end runs. The worst were late 19th and early 20th century assimilations. The current game is called consolidated condemnation, which is likely not going to work out. Fortunately. The linked article provides an in-depth position review of both historical motivations for, and current failings with, the condemnation tactic.

No.

The Acquisition of Easements over Native American Lands For Transportation Project provides an excellent summary that includes:

... when lands are held in trust for Native Americans ... the recourse to use eminent domain is not available, except in rare instances and then only through the Federal courts. This places an emphasis on resolving and negotiating all settlements with Tribal and individuals holding an interest in the trust lands required for the highway or other transportation improvement.

 

Within 25 CFR Part 169 the provisions related to obtaining a highway easement clearly state that obtaining easements over Indian lands requires the prior written consent of the Tribe and owners of such lands. This applies to securing permission to survey and for the specific terms and conditions of use required for the proposed project.

25 CFR 129 clearly indicates the Federal government requires tribal permission for use of the land, and that tribes are not subject to state governments.

Having said that, there are always end runs. The worst were late 19th and early 20th century assimilations. The current game is called consolidated condemnation, which is likely not going to work out. Fortunately. The linked article provides an in-depth position review of both historical motivations for, and current failings with, the condemnation tactic.

No.

The Acquisition of Easements over Native American Lands For Transportation Project provides an excellent summary that includes:

... when lands are held in trust for Native Americans ... the recourse to use eminent domain is not available, except in rare instances and then only through the Federal courts. This places an emphasis on resolving and negotiating all settlements with Tribal and individuals holding an interest in the trust lands required for the highway or other transportation improvement.

Within 25 CFR Part 169 the provisions related to obtaining a highway easement clearly state that obtaining easements over Indian lands requires the prior written consent of the Tribe and owners of such lands. This applies to securing permission to survey and for the specific terms and conditions of use required for the proposed project.

25 CFR 129 clearly indicates the Federal government requires tribal permission for use of the land, and that tribes are not subject to state governments.

Having said that, there are always end runs. The worst were late 19th and early 20th century assimilations. The current game is called consolidated condemnation, which is likely not going to work out. Fortunately. The linked article provides an in-depth position review of both historical motivations for, and current failings with, the condemnation tactic.

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bishop
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No.

The Acquisition of Easements over Native American Lands For Transportation Project statesprovides an excellent summary that includes:

... when lands are held in trust for Native Americans ... the recourse to use eminent domain is not available, except in rare instances and then only through the Federal courts. This places an emphasis on resolving and negotiating all settlements with Tribal and individuals holding an interest in the trust lands required for the highway or other transportation improvement.

Within 25 CFR Part 169 the provisions related to obtaining a highway easement clearly state that obtaining easements over Indian lands requires the prior written consent of the Tribe and owners of such lands. This applies to securing permission to survey and for the specific terms and conditions of use required for the proposed project.

The document also refers the reader to 25 CFR 129, which clearly indicates the Federal government requires tribal permission for use of the land, and that tribes are not subject to state governments.

Having said that, there are always end runs. The worst were late 19th and early 20th century assimilations. The current game is called consolidated condemnation, which is likely not going to work out. Fortunately. The linked article provides an in-depth position review of both historical motivations for, and current failings with, the condemnation tactic.

The Acquisition of Easements over Native American Lands For Transportation Project states:

... when lands are held in trust for Native Americans ... the recourse to use eminent domain is not available, except in rare instances and then only through the Federal courts. This places an emphasis on resolving and negotiating all settlements with Tribal and individuals holding an interest in the trust lands required for the highway or other transportation improvement.

Within 25 CFR Part 169 the provisions related to obtaining a highway easement clearly state that obtaining easements over Indian lands requires the prior written consent of the Tribe and owners of such lands. This applies to securing permission to survey and for the specific terms and conditions of use required for the proposed project.

The document also refers the reader to 25 CFR 129, which clearly indicates the government requires tribal permission for use of the land.

No.

The Acquisition of Easements over Native American Lands For Transportation Project provides an excellent summary that includes:

... when lands are held in trust for Native Americans ... the recourse to use eminent domain is not available, except in rare instances and then only through the Federal courts. This places an emphasis on resolving and negotiating all settlements with Tribal and individuals holding an interest in the trust lands required for the highway or other transportation improvement.

Within 25 CFR Part 169 the provisions related to obtaining a highway easement clearly state that obtaining easements over Indian lands requires the prior written consent of the Tribe and owners of such lands. This applies to securing permission to survey and for the specific terms and conditions of use required for the proposed project.

25 CFR 129 clearly indicates the Federal government requires tribal permission for use of the land, and that tribes are not subject to state governments.

Having said that, there are always end runs. The worst were late 19th and early 20th century assimilations. The current game is called consolidated condemnation, which is likely not going to work out. Fortunately. The linked article provides an in-depth position review of both historical motivations for, and current failings with, the condemnation tactic.

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bishop
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The Acquisition of Easements over Native American Lands For Transportation Project states:

... when lands are held in trust for Native Americans ... the recourse to use eminent domain is not available, except in rare instances and then only through the Federal courts. This places an emphasis on resolving and negotiating all settlements with Tribal and individuals holding an interest in the trust lands required for the highway or other transportation improvement.

Within 25 CFR Part 169 the provisions related to obtaining a highway easement clearly state that obtaining easements over Indian lands requires the prior written consent of the Tribe and owners of such lands. This applies to securing permission to survey and for the specific terms and conditions of use required for the proposed project.

The document also refers the reader to 25 CFR 129, which clearly indicates the government requires tribal permission for use of the land.

The Acquisition of Easements over Native American Lands For Transportation Project states:

... when lands are held in trust for Native Americans ... the recourse to use eminent domain is not available, except in rare instances and then only through the Federal courts. This places an emphasis on resolving and negotiating all settlements with Tribal and individuals holding an interest in the trust lands required for the highway or other transportation improvement.

Within 25 CFR Part 169 the provisions related to obtaining a highway easement clearly state that obtaining easements over Indian lands requires the prior written consent of the Tribe and owners of such lands. This applies to securing permission to survey and for the specific terms and conditions of use required for the proposed project.

The Acquisition of Easements over Native American Lands For Transportation Project states:

... when lands are held in trust for Native Americans ... the recourse to use eminent domain is not available, except in rare instances and then only through the Federal courts. This places an emphasis on resolving and negotiating all settlements with Tribal and individuals holding an interest in the trust lands required for the highway or other transportation improvement.

Within 25 CFR Part 169 the provisions related to obtaining a highway easement clearly state that obtaining easements over Indian lands requires the prior written consent of the Tribe and owners of such lands. This applies to securing permission to survey and for the specific terms and conditions of use required for the proposed project.

The document also refers the reader to 25 CFR 129, which clearly indicates the government requires tribal permission for use of the land.

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bishop
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