Practice Area:

Real Estate & Land Issues

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Our attorneys have extensive experience representing tribes in a wide range of land-related matters, including:

• Preparing and negotiating residential, farm, and business leases, leasehold mortgages, and various other transactions
• Preparing and negotiating rights-of-way issued by the Bureau of Indian Affairs ("BIA")
• Preparing and negotiating licenses and permits as alternatives to leases and rights-of-way to ensure the maintenance of tribal jurisdiction in light of changes in Supreme Court case law treating such lands as equivalent to non-Indian fee lands outside of tribal jurisdiction
• Ensuring compliance with federal regulations governing leases, rights-of-way, life estates, and other transactions relative to tribal lands
• Preparing and negotiating contracts for the development of tribal housing, including infrastructure such as sewage and water treatment facilities
• Developing and drafting tribal legislation governing all aspects of property, including leasing, rights-of-ways, mortgage and foreclosure, eviction, repossession, and tribal land assignments
• Dealing with crop liens, pest abatement, cancellation of commercial farm leases, and other agricultural lease matters

Brad S. Jolly & Associates knows the importance of the tribal land base and maintaining tribal authority and control over tribal lands. While some may consider the dangers of losing tribal land a problem of the past, Brad S. Jolly & Associates recognizes that those issues always remain. Even if others are not seeking to outright remove land from the tribal base, tribes consistently face issues related to their land which can deprive tribes of control over their land and effectively operate as a loss of land even if title to the land does not change.

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INDIAN LAW UPDATES

House Passes Native Hawaiian Recognition Bill

On Wednesday, October 24, the House of Representatives passed the Native Hawaiian Government Reorganization Act by a vote of 261-153. The vote was very much along party lines, with every Democrat present... more »

Tribal Campaign Donation Limits Defeated

The Senate voted 56-40 against placing limits on the amount of money Indian tribes can donate to political campaigns and parties. Senator David Vitter (R-LA) attempted to attach an amendment to the Senate's... more »

Agua Caliente Band of Cahuilla Indians v. Superior Court, Cal. S.Ct. (Dec. 21, 2006)

In a 4-3 split decision, the California Supreme Court upheld the California Court of Appeals decision that Indian tribes do not have sovereign immunity against suits seeking to enforce state campaign contribution... more »

Indian Affairs Committee Approves Artman

On September 14, 2006, the Senate Indian Affairs Committee unanimously approved Carl Artman's nomination as Assistant Secretary-Indian Affairs. The full Senate is expected to confirm Artman without any... more »