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Native American Business Law Alert: Significant Tax and Applicable Law Ambiguity in Proposed Revisions for Indian Lands...

The Bureau of Indian Affairs (BIA) is proposing to revise the process for obtaining and administering rights-of-way (ROWs) on Indian lands. While the proposed regulations seek to make improvements and clarifications...more

Supreme Court Decision on Aboriginal Title Raises Questions for Resource Development

On June 26, 2014, the Supreme Court of Canada delivered a unanimous decision in Tsilhqot’in Nation v British Columbia, 2014 SCC 44 (also known as the William decision). It is a long anticipated decision on two significant...more

BIA Proposes Rule Revisions for Rights-of-Way on Indian Lands

On June 17, 2014, the Bureau of Indian Affairs (BIA) published proposed revisions to 25 CFR Part 169, whereby the new rule seeks to comprehensively update and streamline the process for obtaining BIA grants of Rights-of-Way...more

Federal Rule and Ninth Circuit Opinion Create Huge Opportunities on Indian Land

In a set of comprehensive regulations affecting non-agricultural leasing on Indian land, the Department of the Interior, Bureau of Indian Affairs made sweeping changes and largely exempted property taxes on permanent...more

History Repeats Itself At The Mouth Of The Miami River

Ten years ago, attorney Michael Kreitzer represented a developer who was faced with an injunction on its development of a high-rise apartment building on the south side of the Miami River after it was discovered that the...more

A Precedent-Setting Ninth Circuit Victory for Tribes and Their Business Partners

In a landmark decision, the Ninth Circuit has held that state and local governments lack the power to tax permanent improvements built on non-reservation land that is held in trust by the federal government....more

Four Casino Resort Licenses on the Table in Upstate New York – Time to Place Your Bets

As New York State prepares to issue four new gaming licenses, this alert takes a closer look at the details involved in the application requirements, bidding process, fees and approval considerations for prospective...more

Top 10 Indian Tribal Tax Developments in 2013 and Priorities for 2014

In 2013, courts were active in issues relating to Indian tribes, including ruling on state tax matters and the federal income tax aspects of Section 17 corporations. The top 10 Indian tribal tax developments from 2013...more

Bureau of Indian Affairs Finalizes Changes to Land-Into-Trust Procedures in Light of Patchak

In response to last year’s United States Supreme Court case of Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians v. Patchak, 132 S. Ct. 2199 (2012) (“Patchak”), the Bureau of Indian Affairs (“BIA”) issued a final rule on...more

Fast Food Comes to Indian Country

In-N-Out Burger, the quintessentially Californian burger chain, will open its first restaurant on tribal land in early 2014 at the Morongo Casino on the Morongo Indian Reservation on the heavily trafficked Interstate 10. The...more

Ninth Circuit Decision Creates New Tax Opportunities and Challenges in Indian Country

Since the Supreme Court’s 1973 decision in Mescalero Apache Tribe v. Jones, it has been clear that state and local tax authorities could not assess property tax on permanent improvements located on tribal trust land when...more

BIA Proposes To Eliminate The Trust Land Acquisition Waiting Period

The Bureau of Indian Affairs (BIA) published a proposed rule in the Federal Register that, if adopted, will substantially alter the rights of those who would challenge a decision by the BIA to acquire land in trust for an...more

Bureau of Indian Affairs Proposes Regulations in Light of Patchak

Last year’s decisive (8-1) decision by the United States Supreme Court in Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians v. Patchak, 132 S. Ct. 2199 (2012) (“Patchak”) appeared to be a major blow to tribal gaming and...more

Ninth Circuit Holds Takings Case Must Proceed Through Tribal Court

An eminent decision out of the Ninth Circuit United States Court of Appeals is not a common occurrence. A Ninth Circuit eminent domain decision dealing with intangible property is even less common. Yet, on April 26, 2013,...more

Rohnert Park Approves Use of Eminent Domain for Street Widening

According to an article in the Press Democrat, Rohnert Park OKs eminent domain at site of future hotel, restaurant, the Rohnert Park City Council recently adopted a resolution of necessity authorizing the use of eminent...more

The Department of the Interior Issues New Rules Regulating the Leasing of Tribal Lands

New regulations enacted by the U.S. Department of the Interior (DOI) applicable to tribal leases will have far reaching impacts on businesses, particularly renewable energy projects, utilizing tribal lands....more

The Amorphous "Unusual Circumstances" Exception to CEQA's Categorical Exemption Strikes Again

Voices for Rural Living v. El Dorado Irrigation District, Super. Ct. No. PC20080398, (Oct. 4, 2012) The recent Voices for Rural Living v. El Dorado Irrigation District case from the California Court of Appeal’s Third...more

“CEQA’s Unusual Circumstances Exception To Small Structures Categorical Exemption Is Applied By Third District To Water Supply MOU...

As the regulated community eagerly awaits completion of briefing at the Supreme Court in the Berkeley Hillside Preservation case, the Courts of Appeal continue to decide CEQA categorical exemption cases – as is their...more

Aboriginal Title Revisited - William V. British Columbia

Originally published in Mineral Exploration - Fall 2012. The decision of the British Columbia Court of Appeal (BCCA) in William v. British Columbia issued June 27, 2012, is the most recent pronouncement on Aboriginal...more

New Gambling Casino Coming to Miami Area in Broward County: Seminole Tribe Announces Major New Hotel Development Project for...

Broward County just got some big news: the Seminole Tribe (the only Indian Tribe to never surrender, for more of their history visit their web site) is planning to build a major new highrise hotel and casino over in Coconut...more

Supreme Court decides Match-E-be-Nash-She-Wish Band of Pottawatomi Indians v. Patchak

On June 18, 2012, the United States Supreme Court issued its decision in Match-E-be-Nash-She-Wish Band of Pottawatomi Indians v. Patchak, permitting an individual who owns land near a tribal casino in Michigan to challenge...more

Gaming Legal News - June 29 2012 • Volume 5, Number 16: The Gun Lake Decision: What Does It Mean For Indian Gaming?

By this time, everyone with an interest in gaming, is aware of last week’s U.S. Supreme Court decision rendered in the case of Match-EBe-Nash-She-Wish Band of Pottawatomi Indians v. Patchak. The Tribe is commonly known as the...more

Gaming Legal News - June 21, 2012 • Volume 5, Number 15

In This Issue: - BREAKING NEWS! BREAKING NEWS! Supreme Court Allows Challenge to Gun Lake Tribal Casino to Proceed Forward: On Monday, June 18, 2012, the U.S. Supreme Court issued its opinion in the closely watched...more

Supreme Court Decision May Make it Easier to Challenge IRA Land-Into-Trust Acquisitions

On Monday, June 18, 2012, the U.S. Supreme Court issued its decision in Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians v. Patchak, 567 U.S. ___ (2012), which could dramatically impact the tribal land-into-trust...more

Real Estate Transactions With Native American Tribes By Adam M. Starr*

INTRODUCTION - Commercial contracting with Native American tribes presents a number of complicated and unsettled questions of federal and state law. The increasing visibility of tribal entities in California real estate...more

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