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25 U.S.C. § 324Consent of certain tribes; consent of individual Indians

submitted 78 years ago by ch. 45 to r/title-25-INDIANS · 235 words · no verdicts yet

in plain englishAI-generated · not legal advice

A right-of-way across tribal land needs the tribe's own consent. A right-of-way across individually owned Indian land can sometimes proceed without every owner agreeing.

No right-of-way grant across land belonging to a tribe organized under the Act of June 18, 1934 (as amended), the Act of May 1, 1936, or the Act of June 26, 1936, can happen without the consent of the tribe's proper officials. A right-of-way across land owned by individual Indians can be granted without every individual owner's consent, in four situations: (1) more than one person owns the land, and the owner or owners holding a majority of the interests consent to the grant; (2) an owner's whereabouts are unknown, and the owners whose whereabouts are known, or a majority of them, consent to the grant; (3) a deceased owner's heirs or successors have not yet been determined, and the Secretary of the Interior finds the grant will not substantially harm the land or any owner; or (4) the land has so many owners that the Secretary finds getting their consent impractical, and also finds the grant will not substantially harm the land or any owner.
the actual law source: uscode.house.gov ↗public domain

No grant of a right-of-way over and across any lands belonging to a tribe organized under the Act of June 18, 1934 (48 Stat. 984), as amended [25 U.S.C. 5101 et seq.]; the Act of May 1, 1936 (49 Stat. 1250); or the Act of June 26, 1936 (49 Stat. 1967), shall be made without the consent of the proper tribal officials. Rights-of-way over and across lands of individual Indians may be granted without the consent of the individual Indian owners if (1) the land is owned by more than one person, and the owners or owner of a majority of the interests therein consent to the grant; (2) the whereabouts of the owner of the land or an interest therein are unknown, and the owners or owner of any interests therein whose whereabouts are known, or a majority thereof, consent to the grant; (3) the heirs or devisees of a deceased owner of the land or an interest therein have not been determined, and the Secretary of the Interior finds that the grant will cause no substantial injury to the land or any owner thereof; or (4) the owners of interests in the land are so numerous that the Secretary finds it would be impracticable to obtain their consent, and also finds that the grant will cause no substantial injury to the land or any owner thereof.

Source credit: (Feb. 5, 1948, ch. 45, § 2, 62 Stat. 18.)

history & why it existsrecord from the source credit
  • 1948Enacted · Act of Feb. 5, 1948, ch. 45 · 62 Stat. 18

A history note hasn’t been published yet. The record shows enactment by ch. 45 on 1948-02-05.

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