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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.
…correction: Inverse Condemnation rather than “Reserve Condemnation”
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