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Indigenous Peoples Residential Real Estate Zoning, Planning & Land Use

Read Indigenous Peoples Law updates, alerts, news, and legal analysis from leading lawyers and law firms:

Court Decision Dismisses Challenge to Gun Lake Band’s Trust Land

by Varnum LLP on

Last Friday, July 15, the D.C. Circuit Court of Appeals affirmed the constitutionality of the Gun Lake Trust Land Reaffirmation Act. Because the Court agreed with the D.C. District Court's finding of constitutionality, it...more

New Right-of-Way Regulations on Indian Lands

by Nossaman LLP on

Every once in a while, infrastructure projects we’re working on involve traversing Indian lands. For those of you involved in such projects, you should take a look at the Final Rule published by the Department of the...more

Bureau of Indian Affairs (BIA) New Rights-of-Way Regulations to Become Effective

by Snell & Wilmer on

On December 21, 2015, new rights-of-way regulations on Indian lands will go into effect. These new regulations likely will have an immediate and substantial impact throughout Indian Country, for both Tribes and businesses...more

Bureau of Indian Affairs New Rights-of-Way Rules Provide Clarity and Certainty to Communications Providers

by Kelley Drye & Warren LLP on

With both Congress and the Administration focused on streamlining federal permitting and promoting Dig Once policies, the Department of Interior’s Bureau of Indian Affairs (BIA) published updated rules for access to...more

Duty to Consult Not Triggered for Exploration Dispositions: Saskatchewan Court of Appeal

by Bennett Jones LLP on

The grant of exploration dispositions for oil sands located beneath treaty lands did not trigger the Crown’s duty to consult, the Saskatchewan Court of Appeal held recently in Buffalo River Dene Nation v Ministry of Energy...more

HUD announces competition for new Promise Zones

by Ballard Spahr LLP on

Today, HUD announced the process and criteria for selecting 6 urban communities and at least 1 rural and 1 tribal community to participate in the Promise Zone initiative. The 6 urban communities will be designated by HUD, and...more

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

by Snell & Wilmer on

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

Aboriginal Title Revisited - William V. British Columbia

by Dentons on

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

Marzulla Law Legal Report - June 23, 2011

by Nancie G. Marzulla on

In This Issue: Restoring Dignity to the Members of the Quapaw (O-Gah-Pah) Tribe of Oklahoma A Brief History For over four centuries the original inhabitants of the region where the Arkansas and Mississippi Rivers...more

RE-EVALUATING TRIBAL CUSTOMS OF LAND USE RIGHTS

by John Hoelle on

Indigenous peoples developed sustainable land tenure systems over countless generations, but these customary systems of rights are barely used by American Indian tribes today. Would increasing formal recognition of these...more

Aboriginal Rights: Unresolved Issues Create Problems for Business by Keith E. Clark

by Lang Michener LLP on

Unresolved issues concerning Aboriginal rights and title are creating problems for the business community across Canada. Businesses operate best in environments where legal rights and rules are known and respected. In...more

Lang Michener - Real Estate Brief - Spring 2008

by Lang Michener LLP on

In This Issue: The Ontario Brownfields legislation is designed to encourage development of properties that are contaminated or are perceived to be contaminated by reason of prior use. Annie Thuan reviews some recent and...more

Aboriginal Land Claims: A Primer on the Elephant in the Room by Annie M. Thuan

by Lang Michener LLP on

Recent events such as those in Caledonia, Ontario demonstrate the devastating effect that unresolved Aboriginal land claims can have on property owners, vendors, purchasers and developers. Property owners who...more

Legal Considerations in Structuring Renewable Energy Projects: A Multidisciplinary Approach

by Clark Wilson LLP on

The British Columbia Opportunity British Columbia’s 2007 Energy Plan’s stated intention is to provide direction in the area of secure energy supply in the face of the Province’s growth in demand, leadership in...more

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