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Supreme Court Ducks Addressing “Immovable Property” Exception to Tribal Sovereign Immunity

USA - July 12 2018 As Chief Justice Roberts put it in his concurring opinion in Upper Skagit Indian Tribe v. Lundgren, “There should be a means of resolving a mundane…

Supreme Court Declines Review of Tenth Circuit Case Holding Tribal Acquisition of an Interest in an Allotment Defeats Eminent Domain Authority

USA - July 4 2018 The Supreme Court recently denied a petition to review the Tenth Circuit’s opinion in Public Service Company of New Mexico v. Barboan. The Tenth…

Deana M. Bennett

Native American Law Watch - Summer 2018

USA - July 3 2018 As Chief Justice Roberts put it in his concurring opinion in Upper Skagit Indian Tribe v. Lundgren, “There should be a means of resolving a mundane…

Walter E. Stern

Potential Hurdle to Right-of-Way Acquisition and Renewals: The Tenth Circuit Holds Tribal Acquisition of an Undivided Interest in an Allotment Defeats Congressional Eminent Domain Authority

USA - September 5 2017 On May 26, 2017, the Tenth Circuit issued its decision in Public Service Company of New Mexico v. Barboan, upholding a New Mexico federal district…

Deana M. Bennett, Emil Kiehne

BIA Regulations on Appraisal/Valuation of Indian Property

USA - August 1 2017 On June 10, 2016, Congress passed the Indian Trust Asset Reform Act (ITARA), and on June 22, 2016, President Barack Obama signed it into law.…