Dealing With Expired Rights-Of-Way In Indian Country

Download article here.

About Sarah M Donnelly

Program Coordinator for the Indigenous Law and Policy Center at Michigan State University College of Law.
This entry was posted in Author: Sarah Donnelly, News, Scholarship. Bookmark the permalink.

2 Responses to Dealing With Expired Rights-Of-Way In Indian Country

  1. Forrest itche iichiile says:

    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.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s