Sentences with phrase «indian land claims»

Not exact matches

All the land was already claimed by one indian group or another.

At the time, law enforcement claimed that they were breaking the law by selling cigarette's tax free to non-Indian customers, because the US Supreme Court ruled that Indian Nations couldn't claim sovereignty over land they purchased.

The case is often referred to as Oneida I because it is the first of three times the Oneida Indian Nation reached the Supreme Court in litigating its land rights claims.

Filed by Protect the Adirondacks and Adirondack Wild, the lawsuit claims the Adirondack Park Agency and Department of Environmental Conservation broke state law in approving plans for former timber company land centered around the Essex Chain of Lakes between Indian Lake and Newcomb in Essex and Hamilton counties.

The larger portion of the Oneida claim, to the 6 - million - acre (24,000 km2) tract, was rejected by the Second Circuit in 1988 on the grounds that the Confederation Congress Proclamation of 1783 had neither the authority nor the intent to limit the acquisition of Indian lands within the borders of US states.

The original suit in this matter was the first modern - day Native American land claim litigated in the federal court system rather than before the Indian Claims Commission.

The payments stem from a 2013 deal that settled long - standing disputes between New York state and the Oneida Indian Nation over land claims, taxation and gambling proceeds.

Tenney has been a vocal opponent of the agreements struck by the state, local governments and the Oneida Indian Nation that created exclusivity clauses in exchange for the settlement of long - standing land claims as well as revenue sharing agreements.

The 2013 deal settled long - standing disputes between New York state and the Oneida Indian Nation over land claims, taxation and gambling proceeds.

Native American Occupation While Alcatraz stood empty and the federal government debated its fate, a boatload of 89 Native Americans claimed the island as «Indian land.»

They claim that the mine could drain acid into the nearby Salmon Trout River and disturb land considered sacred to a local Indian tribe.

We have extensive experience assisting clients with federal, state, Indian, private - surface and minerals - leasing and purchase transactions and locating mining claims on Bureau of Land Management, Forest Service and split estate lands.

It makes unnecessary the two step analysis of the applicability of provincial laws suggested by s. 88 of the Indian Act, RSC 1985, c I - 5 (at least so far as provincial laws are claimed to apply to «Indians» rather than «lands reserved») and the Court's decision in Dick, [1985] 2 SCR 309 — in fact we don't need s. 88 any longer since there are no longer any inapplicable provincial laws that need to be made applicable by operation of a federal statute.

In 2011, the governments signed a land claim deal with leaders representing 2,400 Innu Indians of Labrador.

Lawyers who have never had an Indigenous client are more likely to think about land claims, the Indian Residential Schools Settlement, or Gladue reports in criminal court.

Business Development: Brokering various business dealings that further the diversification of Indian economies Developing and accessing commercial financial programs and services for tribal governments, including tax - exempt offerings and federally - guaranteed housing loans Serving as issuer or underwriter's counsel in tribal bond issuances Ensuring tribal compliance with Bank Secrecy Act and other federal financial regulatory requirements Handling federal and state income, excise, B&O, property and other tax matters for tribes and tribal businesses Chartering tribal business enterprises under tribal, state and federal law Registering and protecting tribal trademarks and copyrights Negotiating franchise agreements for restaurants and retail stores on Indian reservations Custom - tailoring construction contracts for tribes and general contractors Helping secure federal SBA 8 (a) and other contracting preferences for Indian - owned businesses Facilitating contractual relations between tribes and tribal casinos, and gaming vendors Building tribal workers» compensation and self - insurance programs Government Relations: Handling state and federal regulatory matters in the areas of tribal gaming, environmental and cultural resources, workers» compensation, taxation, health care and education Negotiating tribal - state gaming compacts and fuel and cigarette compacts, and inter-local land use and law enforcement agreements Advocacy before the Washington State Gambling Commission, Washington Indian Gaming Association and National Indian Gaming Commission Preparing tribal codes and regulations, including tribal court, commercial, gaming, taxation, energy development, environmental and cultural resources protection, labor & employment, and workers» compensation laws Developing employee handbooks, manuals and personnel policies Advocacy in areas of treaty rights, gaming, jurisdiction, taxation, environmental and cultural resource protection Brokering fee - to - trust and related real estate and jurisdictional transactions Litigation & Appellate Services: Handling complex Indian law litigation, including commercial, labor & employment, tax, land use, treaty rights, natural and cultural resource matters Litigating tribal trust mismanagement claims against the United States, and evaluating tribal and individual property claims under the Indian Claims Limitation Act Defending tribes and tribal insureds from tort claims brought against them in tribal, state and federal courts, including defense tenders pursuant to the Federal Tort Claims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal rclaims against the United States, and evaluating tribal and individual property claims under the Indian Claims Limitation Act Defending tribes and tribal insureds from tort claims brought against them in tribal, state and federal courts, including defense tenders pursuant to the Federal Tort Claims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal rclaims under the Indian Claims Limitation Act Defending tribes and tribal insureds from tort claims brought against them in tribal, state and federal courts, including defense tenders pursuant to the Federal Tort Claims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal rClaims Limitation Act Defending tribes and tribal insureds from tort claims brought against them in tribal, state and federal courts, including defense tenders pursuant to the Federal Tort Claims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal rclaims brought against them in tribal, state and federal courts, including defense tenders pursuant to the Federal Tort Claims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal rClaims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal rights.

Many First Nations governments are increasingly assuming responsibility for land - use planning, whether through the Indian Act, the First Nations Land Management Act, or within the context of modern land claims agreemeland - use planning, whether through the Indian Act, the First Nations Land Management Act, or within the context of modern land claims agreemeLand Management Act, or within the context of modern land claims agreemeland claims agreements.

Lawyers advising First Nations on these issues should have a strong background in employment law principles and human rights, particularly since the Canadian Human Rights Code applies to all aspects of Indian band governance, including governance structures under modern land claims agreements.

The Specific Claims Tribunal determined Williams Lake had established the validity of the claim against the federal Crown: there were pre-emptive purchases of the lands by settlers, in contravention of colonial policy and law; such contraventions constituted a breach of a legal obligation, pursuant to colonial legislation pertaining to reserved lands; B.C. failed to act honourably and was in breach of its fiduciary duties at common law, by failing to put the Indian interest in settlement lands ahead of settlers» interests; Canada was liable for B.C.'s pre-Confederation breaches of legislation and fiduciary duty, pursuant to the Act; and Canada also breached its post-Confederation fiduciary duties by failing to provide reserve lands to Williams Lake.

Long Plain First Nation et al. v. Canada (Attorney General) et al. 2015 FCA 177 Indians, Inuit and Métis Summary: A number of Manitoba First Nations Bands, as successors to the signatories to an 1871 land agreement known as Treaty No. 1, made various claims as to real property located within Winnipeg, known as the Kapyong Barracks; specifically, the piece comprising 159.62 acres, including operational premises previously used by the Canadian armed forces.

The Métis children's lands were to be granted «to individual Métis children», despite the fact that the Court had found that one major purpose was «to extinguish any Indian title» that the Métis might have claimed.»

[44] That said, I think that the plain and ordinary meaning of the words «will be» in the relevant provision is sufficiently mandatory to indicate an obligation upon Canada to consider and settle Indian claims for compensation for lands required for the purposes of settlement.

This feature story notes New York and other defendants» request to the Second Circuit to uphold the dismissal of the Shinnecock Indian Nation's complaint saying the appeals court's precedent of denying such tribal land claims is well - settled.

Craft, a descendant of Manitoba Métis Louis Riel who practises at the Public Interest Law Centre in Winnipeg, notes aboriginal law has come a long way in recent years: until the early 1950s, the Indian Act banned First Nations from hiring lawyers to pursue land claims.

Nunavut Tunngavik Inc. v. Canada (Attorney General) et al. 2014 NUCA 2 Contracts — Indians, Inuit and Métis — Practice Summary: This action was started by Nunavut Tunngavik Inc. (Tunngavik), a body created to assist in implementing a comprehensive Land Claims Agreement between the Inuit and Canada.

This was an action of ejectment for lands in the State and District of Illinois, claimed by the plaintiffs under a purchase and conveyance from the Piankeshaw Indians and by the defendant under a grant from the United States.

Such negotiated settlements have covered matters such as gaming on Indian reserves, child welfare, and in the case of Alaska, major Aboriginal title and land claim issues.