Probate of an Indian Decedent’s Trust, Personal, and Real Property



Download 88.4 Kb.
Date conversion25.05.2016
Size88.4 Kb.
Probate of an Indian Decedent’s Trust, Personal, and Real Property

Duncan R. Connelly

Summer Associate
FOSTER PEPPER PLLC
1111 Third Avenue, Suite 3400
Seattle, WA 98101-3299
Phone: 206-447-6287
Fax: 206-749-2019
connd@foster.com
www.foster.com

As is frequently the case with issues dealing with Indian law, the question of what court has jurisdiction to probate a decedent’s assets, and whose law that court will apply, is much more complicated for an Indian decedent than it is for non-Indian citizens. Three different sovereigns may have jurisdiction and control over the property – a tribe, a state, or the federal government. Which court will have jurisdiction, and whose law will apply, depends on three factors: first, the nature of the property; second, where the decedent was domiciled; and third, where the property was located at the time of death. Trust property is covered exclusively by federal law and is handled separately from an Indian decedent’s real and personal property, which is distributed based on either tribal or state law. This article sets out how AIPRA governs the probate process for trust or restricted land1 and then describes the established, if complicated, system of probate for an Indian decedent’s non-trust land personal and real property.



  1. AIPRA Exclusively Governs Probate for Indian Trust Lands

AIPRA is the third, and most recent, amendment to the Indian Land Consolidation Act (ILCA),2 and is the first federal probate code governing the transfer of individuals’ trust lands. It is also the first time federal law has been applied to exclude the application of state intestacy laws to those properties. The goals behind AIPRA differ significantly from those of traditional state probate and intestacy laws. Most state probate codes are intended to facilitate and protect a testator’s wishes in transferring his or her property. In the case of intestacy, most state’s laws aim to transfer a decedent’s property in a manner that most closely represents how the average person would have designed his or her estate plan, had that person written a will.3 In contrast, AIPRA’s policies stem from ILCA’s focus on reducing fractionation and reversing the impacts of the historical allotment policy on tribes, as well as promoting tribal self-sufficiency and self-determination.4 AIPRA’s goals have produced an entirely different set of rules regarding a testator’s disposition of their interests in trust properties, as well as how those interests will pass if a decedent dies intestate.

Procedurally, AIPRA gives the Department of the Interior (DOI) exclusive probate jurisdiction over individual trust lands.5 Such property includes an individual’s interests in allotted trust and restricted lands, as well as their trust personalty, or Individual Indian Money (IIM) account.6 While earlier provisions of ILCA had given tribal courts jurisdiction to regulate the devise or decent of trust property,7 AIPRA’s new probate system significantly limits such authority.8

Under AIPRA, an Office of Hearings and Appeals (OHA) Administrative Law Judge or Indian probate judge9 will apply tribal inheritance law to determine succession to trust land only if the tribe with authority over the devised trust land has a federally approved probate code.10 If the tribe does not have an approved probate code, the judge will apply the default provisions of AIPRA to probate the will.11 The probate process may include determining the decedent’s heirs, approving or disapproving the will for consistency with federal law, identifying tribal or co-owner purchase options, allowing or disallowing creditor’s claims, ruling on disputed family relationships such as paternity, adoption, or common law marriage, and ruling on will contest issues such as proper execution, testamentary capacity, undue influence, revocation, etc.12 Following probate, the Land Title Record Office makes the appropriate changes to land title records,13 and the Office of Special Trustee pays any valid claims against the estate and distributes the IIM account to the appropriate beneficiaries.14

To govern this probate mechanism, AIPRA instituted new restrictions on how Indians may dispose of their trust lands, and additionally set out new rules for how intestate disposition of trust lands operates. These rules are summarized in the following chart, and a more in-depth explanation follows.






Deceased's Domicile




Indian Country

State

Property Location

Indian Country

State

Indian Country

State

Trust Lands

Federal (Applying the law of tribe with jurisdiction over the trust property if approved probate code, or AIPRA if none)

N/A15

Federal (Applying the law of tribe with jurisdiction over the trust property if approved probate code, or AIPRA if none)

N/A



  1. AIPRA Restrictions on Testamentary Dispositions of Trust Property

Unlike under state law, where a testator faces essentially no restrictions to whom they choose to leave their property, AIPRA sets out strict limits on who may inherit trust land. A testator is only permitted to devise any trust land they own, remaining as trust lands, to any “eligible heir,” who is either:

  1. Any lineal descendent of the testator who is within two degrees of consanguinity of an Indian descendent;

  2. Any person who owns (prior to the 2004 enactment of AIPRA) a preexisting undivided trust or restricted interest in the same parcel of land;

  3. The Indian tribe with jurisdiction over the interest in land; or

  4. Any Indian, which for the purpose of AIPRA generally means (excluding a California specific definition):

    1. Any person who is a member of an Indian tribe, is eligible to become a member of an Indian tribe, or is an owner of a trust or restricted interest in land;

    2. Any person meeting the definition of Indian under the Indian Reorganization Act and the regulations promulgated thereunder.16

A testator desiring to devise an interest in trust land to an individual who is not an eligible heir has two options. First, a testator is permitted to leave to anyone, regardless of status as an Indian or not, a life estate in their interest in trust land provided the remainder beneficiary is an “eligible heir.” 17 Life estates under AIPRA are without regard to waste, meaning in addition to their right of use, the life estate beneficiary is entitled to the receipt of all income, including bonuses and royalties, from the land to the exclusion of the remainderman.18 Second, a testator desiring to leave his or her interest in trust land to an ineligible heir may be able to devise it in fee to their intended beneficiary.19 This depends largely on whether or not the interest is in land is covered by an Indian Reorganization Act (IRA) constitution.20

For non-IRA lands, a decedent is permitted to make a testamentary transfer of trust lands to a non-Indian, provided it is in fee status without federal restrictions.21 However, the Indian tribe with jurisdiction over the interest in land has the option to purchase the interest at probate rather than allow the transfer to fee status.22 Trust lands covered by an IRA constitution may not be transferred in fee unless the tribe’s constitution or by-laws permit such a transfer.23 Lastly, regardless of whether IRA status is applicable to the interest in trust land in question, AIPRA does not permit any devise in fee of trust land to an Indian.24

AIPRA does not extend its eligible heir restrictions to an individual’s trust personalty interest, i.e. the funds held in trust in a testator’s IIM account. Although these accounts are subject to restrictions enacted in any applicable AIPRA approved tribal probate code, they can otherwise be devised to any person or entity desired.25 If the interest is devised to an eligible heir of trust land, the Bureau of Indian Affairs (BIA) will maintain and continue to manage the interest as trust personalty. Otherwise, the BIA will distribute the personalty to the devisee following the completion of probate.26


  1. AIPRA’s Rules of Intestacy

In the event a decedent dies without completing a will, or to the extent that any interest in trust land is devised in a manner inconsistent with the eligible heir requirements of AIPRA, the Indian decedent’s trust property will pass as provided for under any applicable approved (i.e. AIPRA-consistent) tribal probate code. If no tribal code exists, the interests will pass under the extensive, and complicated, intestacy provisions of AIPRA.27 To date, only the Lummi Nation and the Oglala Sioux Tribe have enacted AIPRA approved probate codes.28

In keeping with its goals of reducing fractionation and supporting reconsolidation effort, AIPRA’s rules of intestacy vary depending on the size of a decedent’s interest in individual trust or restricted properties. For interests of less than five percent of a property, a decedent’s interest passes according to the “single eligible heir” rule.29 The single eligible heir rule gives an intestate decedent’s surviving spouse a life estate without regard to waste in any trust land they reside on at the time of their spouse’s death.30 In addition, the rule forces the transfer of all other interests less than five percent (as well as the remainder of any surviving spouse’s life estate in a less than five percent interest) to the oldest surviving “eligible heir” child of the decedent.31 If there are no “eligible heir” children, grandchildren, or great-grandchildren for the interest to pass to, the interest passes to the tribe with jurisdiction over the trust or restricted land.32 However, in the event the interest is to pass to the tribe, any Indian co-owner of the same parcel of trust land (including the tribe, if they are a co-owner), may purchase the interest in the land for its fair market value before the close of probate.33 If more than one Indian co-owner offers to pay for the interest, it will be sold to the highest bidder.34 If there is no Indian tribe with jurisdiction over the interest in trust or restricted land that would otherwise pass to a tribe, the interest is divided equally among the co-owners of trust or restricted interests in the parcel, or if there are no such co-owners, to the United States.35 In the event the interest passes to the United States, it is required to give owners of any parcel of trust or restricted land contiguous to the parcel passing to the United States the first opportunity to purchase the interest for its fair market value.36 Thus the “single eligible heir” rule aims to reduce fractionation by eliminating the continued division of interests upon a transfer between generations.

AIPRA does not have such strict limitations on interests of five percent or more of a property, and the code sets out provisions similar to state intestacy rules. Interests of five percent or more pass first to a decedent’s spouse in a life estate without regard to waste, and upon the spouse’s death (or if there was no spouse) to the decedent’s children who are “eligible heirs” equally.37 The interest of any decedent’s child who died prior to the decedent’s death passes to that child’s children (if any) in equal shares, provided those children (the decedent’s grandchildren) survived the decedent and are eligible heirs.38 If no children or grandchildren survive the decedent, the interest passes first to the decedent’s surviving great-grandchildren who are eligible heirs, or if there are none, to the decedent’s surviving parents in equal shares or, if none, to the decedent’s surviving siblings who are eligible heirs in equal shares.39 If there are no family members who are eligible heirs for the interest to pass to, the interest passes to the tribe with jurisdiction over the trust or restricted land, or, if none, to the United States in the same manner and with the same conditions as with interests less than five percent.40

In addition to limiting continued fractionation though the “single eligible heir” rule, AIPRA also supports land consolidation efforts through its inclusion of provisions allowing for the forced sale of some interests. When a divided interest in trust land is to pass intestate, AIPRA permits a co-owner of the parcel (including an eligible heir taking an interest in the same parcel of land) or the tribe with jurisdiction over the parcel to purchase the decedent’s trust land interest at probate for no less than fair market value.41 Consent for the purchase is required from the heir(s) if any of their individual interests exceed five percent, or if the heir(s) live on the parcel.42 If no heir’s individual interest in the parcel exceeds five percent, and if no heir lived on the parcel at the time of the decedent’s death, no consent is required, and the sale can be carried out regardless of objection.43

An intestate decedent’s interest in their IIM account passes one-hundred percent to their surviving spouse if none of the decedent’s children, grandchildren, great-grandchildren, parents, or siblings are still surviving.44 Otherwise, one third passes to the surviving spouse, and the other two thirds pass in the same manner as property interests smaller than five percent: first to children, grandchildren, or great-grandchildren equally by right of representation at each generation, if none, then equally to surviving parents, and if none, equally to surviving siblings.45


  1. Personal and Real Property of Indian Decedent Domiciled in Indian Country

Where non-trust property is involved, AIPRA no longer governs the disposition of an Indian decedent’s assets, and the BIA has no authority to probate non-trust assets held by an Indian at the time of their death.46 Instead, either tribal or state law will control the probate of an Indian decedent’s property,47 depending on whether or not the decedent was domiciled in Indian country and the physical location of the property.

This section sets out the applicable rules for personal and real property of an Indian domiciled in Indian Country. For ease of reference and as an introduction to this rather convoluted area of the law, the following chart sets out how the allocation of jurisdiction breaks down and is again followed by a more in-depth explanation.






Property Location

Property Type

Indian Country

State

Personal

Tribal (Applying tribal law of deceased's domicile. If none, applying the law of state where Indian country domicile located)

State/Tribal concurrent (Applying tribal law or state law if none)

Real

Tribal (Applying the law of tribe with jurisdiction over where the real property is located. If none, applying the law of the state in which the Indian country the real property is located in is in)

State (Applying the law of state where the real property is located)




  1. Personal Property

The personal property of an Indian individual domiciled in Indian country will generally be probated under the laws of the tribe having jurisdiction over the decedent’s domicile. For Indian decedents domiciled in Indian country, the Courts of Indian Offenses are directed to apply tribal inheritance law unless inconsistent with federal law, and state law only for matters not covered by tribal or federal law.48 In the case where the tribe with jurisdiction over the decedent’s domicile has adopted a probate code, the provisions of the tribal probate code will control the disposition of the decedent’s personal property.49 In the event the tribe has not adopted a tribal probate code, the court will apply the probate law of the state in which the Indian country where the decedent was domiciled is located.50 Such tribal codes do not need to be AIPRA approved to control the distribution of personal or real property, since AIPRA only covers trust property. Despite that, very few tribes have adopted their own probate codes51.
In the case where a decedent’s tangible personal property and domicile are in different jurisdictions, there is concurrent probate authority between the two jurisdictions. Under the conflict of law rules of most states, the law of the domicile of the decedent is usually applied to determine succession to personal property owned by the decedent at the time of death.52 However, the power to distribute the property still lies exclusively with the jurisdiction in which the property is located.

The end result is that if an Indian decedent domiciled in Indian country owns personal property located within the Indian country, the property will be distributed by a tribal court or Court of Indian Offenses applying either applicable tribal inheritance law or, if none, state law. Personal property of an Indian decedent domiciled in Indian country that is located outside Indian country will be distributed by a state court in the state in which it is located. The state court will apply applicable tribal inheritance law, if any, and if the tribe with jurisdiction over the Indian country in which the decedent was domiciled has no probate code, the court will apply the inheritance law of the state in which the decedent’s Indian country domicile was located.



The following examples illustrate some of the possible results that could arise when an Indian decedent is domiciled in Indian country and owns property located outside that Indian country.

Example 1: A Muckleshoot Indian tribe member dies owning a bank account at a branch located in the town of Auburn, WA, outside any Indian country. The member lives and is domiciled on the Muckleshoot reservation, but his tribe has not adopted its own probate code.53 Because the property is located outside on Indian country in Washington, and the Muckleshoot tribe does not have an adopted probate code, the disposition of the property will be determined by a Washington state court applying Washington inheritance law.

Example 2: A Swinomish Indian tribe member dies owning personal property located on the Swinomish reservation, where he was also domiciled. This tribe has adopted its own probate code.54 Because the property is located in Indian country and the Swinomish tribe has an adopted probate code, the disposition of the property will be determined by a tribal court or Court of Indian Offenses applying Swinomish inheritance law.
Example 3: A Muckleshoot Indian tribe member dies. One of his assets is a truck located in the town of Tempe, AZ, outside any Indian country. The member lived and was domiciled on the Muckleshoot reservation. Because the property is located in Arizona and the Muckleshoot tribe does not have an adopted probate code, the disposition and distribution of the property will be determined by an Arizona state court applying Washington inheritance law.

  1. Non-trust Real Property

As with personal property, jurisdiction to distribute real property owned by an Indian decedent lies exclusively with the court having jurisdiction over where the property is actually located.55 However, unlike with personal property, the court having jurisdiction to distribute the property does not share concurrent probate authority with the jurisdiction of the deceased’s domicile. Jurisdiction to determine succession to real property assets lies exclusively with the jurisdiction in which the property is located.56 For real property located in Indian country, this means succession to the property will be determined by a tribal court or the Court of Indian Offenses in the Indian country where the real property is located (regardless of where the decedent was domiciled).57 The court will apply either tribal inheritance law or, if none exists, the inheritance law of the state in which the Indian country is located.58 Real property located outside of Indian country will be probated by a state court in the state where the property is located applying the inheritance law of that state.59

Example 4: A Swinomish Indian tribe member dies, and one of his assets is a home located in the town of Auburn, CA. The member lived and was domiciled on the Swinomish reservation in Washington. Because the home is real property, the disposition and distribution of the property will be determined by a California state court applying California law. The court will either probate the decedent’s will under California law or, if there is no will, apply California laws of intestacy. Even though the decedent was domiciled in Indian country under the jurisdiction of a tribe with a probate code adopted, California law controls because the property is real property.

  1. Probate for an Indian Domiciled Outside Indian Country

Probate jurisdiction over non-trust property of an Indian individual domiciled outside Indian country once again depends on both the location and nature of the property (real or personal). The following chart summarizes the jurisdiction and applicable law:










Property Location

Property Type

Indian Country

State

Personal

Tribal/State concurrent (Applying the law of the state in which the decedent was domiciled)

State (Applying the law of the state in which the decedent was domiciled)

Real

Tribal (Applying the law of the Indian country where property located, or applying the law of the state where Indian country located if none)

State (Applying the law of the state in which the real property is located)

As before, jurisdiction to distribute property, both real and personal, lies with the court where the property is located, regardless of the decedent’s domicile.60 In the case where a decedent’s tangible personal property and domicile are in different jurisdictions, concurrent probate authority exists between the two jurisdictions and again, the law of the domicile of the decedent is applied by the court having jurisdiction to distribute the property to determine succession to personal property owned by the decedent at the time of death.61 For non-trust real property, jurisdiction to determine succession and to distribute the property both still lie exclusively with the courts of the jurisdiction where the property is located.62 For real property located outside Indian country this would be the courts of the state in which it is located, which would apply the relevant law of that state. For real property located within Indian country, the determination of succession and distribution of said property would be made by a tribal court or Court of Indian Offense applying applicable tribal law, if any, or otherwise applying the applicable law of the state in which the Indian country is located.63



Example 5: A White Mountain Apache Indian tribe member dies, and one of his assets is a snowmobile located at the Sunrise Park Resort on the Fort Apache reservation in Arizona. The member lived and was domiciled in ShowLow, AZ. Because the snowmobile is personal property located in Indian country, its disposition and distribution will be determined by a tribal court or Court of Indian Offenses applying Arizona law to probate his will or determine intestate distribution. Even though the property was in Indian country under the jurisdiction of a tribe with a probate code adopted, Arizona law controls because the decedent was domiciled in the state.

Example 6: The same White Mountain Apache decedent also owns a parcel of land in fee simple that is located within the boundary of the Fort Apache Reservation. Because the lot is real property located in Indian country and the White Mountain Apache tribe has an adopted probate code, the disposition of the property will be determined by a tribal court or Court of Indian Offenses applying White Mountain Apache inheritance law. If the White Mountain Apache did not have a tribal probate code, the court would apply the law of the state the Indian country is in (Arizona).


  1. Conclusion

Distribution of the property of a non-Indian decedent domiciled under state jurisdiction is a relatively straight forward process. Their property will be probated in the state in which it is located, under either the law of the state in which they were domiciled (for personal property) or the state in which the property is located (for real property). In contrast, for Indian decedents the combinations of jurisdiction and laws to be applied can be frustratingly complex. The following table provides a complete overview of which court has jurisdiction to probate the different types of property an Indian decedent’s might own, as well as the law that court will apply. In cases of concurrent jurisdiction, the court with the authority to distribute property following probate is in marked in bold.







Deceased's Domicile







Indian Country

State




Property Location

Indian Country

State

Indian Country

State




Property Type

Trust

Federal (Applying the law of tribe with jurisdiction over the trust property if approved probate code, or AIPRA if none)

N/A

Federal (Applying the law of tribe with jurisdiction over the trust property if approved probate code, or AIPRA if none)

N/A

Personal

Tribal (Applying tribal law of deceased's domicile. If none, applying the law of state where Indian country domicile located )

State/Tribal concurrent (Applying tribal law or state law if none)

Tribal/State concurrent (Applying the law of the state in which the decedent was domiciled)

State (Applying the law of the state in which the decedent was domiciled)

Real

Tribal (Applying the law of tribe with jurisdiction over where the real property is located. If none, applying the law of the state in which the Indian country the real property is located in is in)

State (Applying the law of state where the real property is located)

Tribal (Applying the law of the Indian country where property located, or applying the law of the state where Indian country located if none)

State (Applying the law of the state in which the real property is located)

The analysis provided in this article is a generalized summary of how tribal, state, and federal law intersect and function to distribute an Indian decedent’s various properties. A more detailed consideration of this topic reveals a host of potentially difficult questions. A few of the more persistent issues include: jurisdictional conflicts between state law and tribal probate codes, the role and impact of tribal probate codes on community property laws, and the questions of constitutionality that have dogged AIPRA since it was first passed.64 Additionally, the enormous number of potential jurisdictional combinations between tribes, states, and the federal government make unique variations from this basic probate framework extremely likely, particularly as more tribes develop and enact tribal probate codes specific to their culture and customs.



DRC


1 The term “trust or restricted lands” means lands, title to which is held by the United States in trust for an Indian tribe or individual, or which is held by an Indian tribe or individual subject to a restriction by the United States against alienation. American Indian Probate Reform Act (AIPRA), 25 U.S.C. §2201 (2008). This article will refer to both kinds simply as “trust land” unless a distinction is necessary.

2 Indian Land Consolidation Act (ILCA), §206, 96 Stat. 2517 (1983) (current version at 25 U.S.C.A. §§2201-2201 (2008)).

3 Jesse Dukeminier et al., Wills, Trusts, and Estates 62 (7th ed., 2005).

4 Indian Land Consolidation Act, §102, Pub. L. 106-462 (2000) (amended by AIPRA, 25 U.S.C. §§2201-2201 (2004)).

5 Cohen § 16.05[2][b][i].

6 25 U.S.C. § 2201.

7 ILCA §206, 96 Stat. 2517.

8 25 U.S.C. § 2206(j)(1).

9 An Indian probate judge is an attorney with OHA, other than an ALJ, to whom the Secretary has delegated the authority to hear and decide Indian probate cases.

10 25 U.S.C. § 2206(j)(1).

11 Id.

12 43 C.F.R. § 30.120.

13 25 C.F.R. § 15.403(d)(1).

14 Id. § 15.403(d)(2).

15 Trust and restricted lands are inherently Indian Country, so trust lands will never be located within state lands.

16 25 U.S.C. § 2206(b)(1)(A).

17 Id. § 2206(b)(2)(A)(i).

18 Id. § 2201(10).

19 Id. § 2206(b)(2).

20 Id. § 2206(b)(2)(B).

21 Id. § 2206(b)(2)(A)(ii).

22 25 U.S.C. § 2216(f).

23 Id. § 2206(b)(2)(B).

24 Id. § 2206(b)(2)(A)(ii); see also id. § 2206(b)(1)(B).

25 Id. § 2206(b)(3)(B).

26 Id. § 2206(b)(3)(C)-(D).

27 Id. § 2206(a)(1).

28 Institute for Indian Estate Planning and Probate, Tribal Probate Code Matrix http://www.indianwills.org/TribalGov_Downloads/Probate%20Code%20Matrix.pdf (last visited Mar. 20, 2009).

29 25 U.S.C. § 2206(a)(2)(D)(iii).

30 Id. § 2206(a)(2)(D)(ii).

31 If there is no surviving eligible heir child of the decedent, the interest passes to the oldest surviving eligible heir grandchild, or, if none, to the oldest surviving eligible heir great-grandchild of the decedent. 25 U.S.C. § 2206(a)(2)(D)(iii)(I)-(III).

32 25 U.S.C. § 2206(a)(2)(D)(iii)(IV).

33 Id.; see also id. § 2206(a)(2)(B)(v).

34 Id. § 2206(a)(2)(C)(ii).

35 Id. § 2206(a)(2)(D)(iii)(V).

36 Id.§ 2206(a)(2)(C)(ii).

37 Id. § 2206(a)(2).

38 Id. § 2206(a)(2)(B)(i).

39 Id. § 2206(a)(2)(B)(ii)-(iv).

40 Id. § 2206(a)(2)(B)(v); see also id. § 2206(a)(2)(C).

41 25 U.S.C. § 2206(o)(2).

42 Id. § 2206(o)(3).

43 Id. § 2206(o)(5).

44 Id. § 2206(a)(2)(A)(ii).

45 Id. § 2206(a)(2)(A)(i); see also id. § 2206(a)(2)(B).

46 Estate of Edwin (Edward) Scarborough, 11 I.B.I.A. 179, 179 (1983); Estate of Pansy Jeanette (Sparkman) Oyler, 16 I.B.I.A. 45, 47 (1988).

47 Estate of Scarborough, 11 I.B.I.A. 179.

48 Nell Jessup Newton et al., Cohen’s Handbook of Federal Indian Law § 16.05[1] (2005 ed.) [hereinafter Cohen’s Handbook].

49 25 C.F.R. § 11.500(a).

50 Id. § 11.500(c).

51Tribal Probate Code Matrix, supra note 28

52 Restatement (Second) of Conflict of Laws § 260 (1971) [hereinafter Restatement 2nd].

53 Tribal Probate Code Matrix, supra note 28, at 3.

54 Tribal Probate Code Matrix, supra note 28, at 3

55 21 Corpus Juris Secundum Courts § 71 (1995) [hereinafter C.J.S. Courts].

56 Restatement 2nd § 236.

57 Id.

58 25 C.F.R. § 11.500(c).

59 21 C.J.S. Courts § 71.

60 21 C.J.S. Courts § 71.

61 34 Corpus Juris Secundum Executors & Administrators § 676 (1995).

62 21 C.J.S. Courts § 71.

63 25 C.F.R. § 11.500(c).

64 See Hodel v. Irving, 481 U.S. 704 (1987). See also Babbitt v. Youpee, 519 U.S. 234 (1997)



The database is protected by copyright ©essaydocs.org 2016
send message

    Main page