2 thoughts on “Dealing With Expired Rights-Of-Way In Indian Country”

  1. Forrest itche iichiile February 2, 2016 / 1:21 pm

    Enjoyed reading your article. A couple thoughts came to mind. When you referenced Grantees potentially exercising Powers of Eminent Domain consequently condemning Easement Rights, assuming the Plaintiff in such a case is NOT the Federal Government, what if any authority to “Condenm” would a political subdivision such as State, County, and/or Municipality have pursuant to Tribal Lands held in Trust without regard to the extent of fractionlization?

    Secondly, in the event of a holdover Grantee, assuming Grantee is a political subdivision inclusive of the Federal Government, whereby the Grantee continues to assert Easement Rights, is Reverse Condemnation an effective course of legal action for a Tribe to pursue?

    Lastly, can claims of Adverse Possession or “Prescriptive Easements” burden Tribal Lands held in Trust without regard to fractionlization? I’m assuming NOT.

  2. Forrest itche iichiile February 3, 2016 / 12:45 pm

    …correction: Inverse Condemnation rather than “Reserve Condemnation”

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