From the Morning Sun via Pechanga:
The Saginaw Chippewa Indian Tribe is following the lead of many other Tribes across the country by purchasing land, then asking that the land be put into trust by the federal government.
It’s a historical fact that much of the land allotted to the Native people during the 19th century was swindled away from its rightful owners by unscrupulous lumber barons, land barons and railroad barons. Now that the Tribe has substantial resources, it has been quietly but persistently purchasing property.
When land is in trust, there is no question of Tribal sovereignty on that land. The land where the Soaring Eagle Casino & Resort sits has been in trust for decades, and no one questions that the Tribe and the federal government have jurisdiction there; the state, county and Chippewa Township don’t.
There’s also no question that land in trust is not taxable by local governments. There’s no question that local governments’ zoning rules don’t apply there, either.
When the Tribe owns land that’s not in trust, it pays taxes on them. It’s subject to local and state regulation, like land owned by any other property owner.
Denver Township and Isabella County have gone on record opposing the Tribe’s latest move to put land into trust. If the Bureau of Indian Affairs says yes, that land will go off the tax rolls more or less permanently, and the Tribe will be free to do what it wants with the land, subject only to federal regulation.
That’s certainly not good for the township, the county or the neighbors, who may awaken a decade or a century from now to some shocking development on that land, and find it’s completely beyond their control.
There’s a downside for the Tribe, too. When land is put into trust, it’s almost impossible to get out.
The Saginaw Chippewa Tribe has the right to buy and sell land, and be entrepreneurial about it. A recent act of Congress made sure of that, affirming the right of the Saginaw Chippewas to sell property as well as buy it.
Once it’s in trust, it can’t be sold. The Tribe doesn’t really own it.
The protection of property ownership, especially now, needs to be secure.
But decisions regarding major purchases of land by the Tribe should not be made lightly, and everyone should be aware of the long-term impact.
Turtle Talk 