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17 Mar 2014, 12:42 pm by Matthew L.M. Fletcher
The United States Court of Appeals for the Ninth Circuit determined in Confederated Tribes of the Chehalis Reservation v. [read post]
14 Mar 2014, 3:20 pm by Cicely Wilson
United States, United States Supreme Court (3/10/14)Real Estate & Property Law, Transportation Law, Zoning, Planning & Land UseThe General Railroad Right-of-Way Act of 1875 provides railroad companies “right[s] of way through the public lands of the United States,” 43 U.S.C. 934. [read post]
14 Mar 2014, 10:25 am by Christine Swanick
The Opinion can be expected to have the most impact on tribes that were formally recognized by the United States after 1934 and are seeking trust land acquisitions. [read post]
13 Mar 2014, 7:44 am by Matthew L.M. Fletcher
Indian trust land is the foundation of tribal economies and the only real federal protection of tribal authority from state and local governments. [read post]
12 Mar 2014, 10:36 am
The legal standard for negligence and premises liability comes from a federal case from 1947 called United States v. [read post]
12 Mar 2014, 7:25 am by Amy Howe
United States, in which the Court held that land exchanged with or transferred to the owners of private property under an 1875 law once again became their property when the railroad that ran across the property has been abandoned. [read post]
10 Mar 2014, 12:19 pm by Julie Deisher
United States [SCOTUSblog backgrounder; JURIST op-ed] that a right of way granted under the General Railroad Right-of-Way Act of 1875 [Cornell LII backgrounder] is an easement which can be terminated by the railroad's abandonment, leaving the underlying land unburdened. [read post]
10 Mar 2014, 7:35 am
  Perhaps a set of basic governance devices as models would serve a useful purpose as well.In any case, this has been a long time coming in the United States. [read post]
6 Mar 2014, 2:30 pm by National Indian Law Library
* United States Federal Trial Courts Bulletin http://www.narf.org/nill/bulletins/dct/2014dct.htmlCases featured: Davis v. [read post]
6 Mar 2014, 7:42 am
The plaintiffs raised a number of objections to the program, but the winning one here was based on Article IX, § 6 of the North Carolina Constitution (emphasis added): The proceeds of all lands that have been or hereafter may be granted by the United States to this State, and not otherwise appropriated by this State or the United States; all moneys, stocks, bonds, and other property belonging to the State for purposes of… [read post]