M. Brent Leonhard has published “There Are No Implied Easements Over Trust Lands” in the American Indian Law Review.

The abstract:

Those who regularly practice law in Indian Country have no doubt encountered the myriad of issues surrounding rights-of-way over Indian lands. They can be pernicious. Among them are claims by non-Indian fee land owners that they have an implied easement over adjacent trust lands. Far from being arcane, this issue is one faced by tribes on a regular basis. This article shows why there are no implied easements over trust lands.