LCO Tells Tribal Members Not to Pay County Property Taxes

This is an interesting development. I assume that Sawyer County will sue, along with the State of Wisconsin, to compel the payment of these taxes. And perhaps the Seventh Circuit will reach a different conclusion from the Sixth Circuit in KBIC v. Michigan. I wonder, however, if the Keweenaw Bay case’s expert reports were tribe-specific. Maybe, maybe not. Anyway, this interesting development may be a bad thing for Keweenaw Bay, who had to work to make sure the Supreme Court did not grant cert in their case. This development, for all practical purposes, appears to reopen that case.

From Indianz:

The Lac Courte Oreilles Band of Lake Superior Chippewa is telling tribal members not to pay property taxes in Sawyer County, Wisconsin.

Chairman Louis Taylor said tribal members are exempt under the 1854 Treaty of LaPointe.. He cited a recent decision from the 6th Circuit Court of Appeals that applied to the Keweenaw Bay Indian Community in Michigan. In that case, the court said tribal land that was opened to allotment by treaty did not fall out of Indian status. Only Congress can change the nature of Indian land, the court said. The state says four reservations — Bad River, Red Cliff, Lac du Flambeau and Lac Courte Oreilles — fall under the 1854 treaty and properties should be examined to determine whether they are exempt.

Get the Story:
LCO members exempt from property taxes (The Sawyer County Record 2/14)

Relevant Links:
Lac Courte Oreilles Band of Lake Superior Chippewa – http://www.lco-nsn.gov

6th Circuit Decision:
Keweenaw Bay Indian Community v. Michigan (June 26, 2005)

Lower Court Decision:
Keweenaw Bay Indian Community v. Michigan (June 1, 2005)

Supreme Court Decision:
Cass County v. Leech Lake (June 8, 1998)

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