indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+ indianz.com on soundcloud
phone: 202 630 8439
The University of Tulsa College of Law - Master's in Indian Law
Advertise on Indianz.Com
Home > News > Headlines
Print   Subscribe
Jemez Pueblo plans to appeal dismissal of land claim lawsuit

Filed Under: Law
More on: 10th circuit, icc, land claims, new mexico, pueblo
     

Jemez Pueblo in New Mexico will appeal a federal judge's decision to dismiss the tribe's land claim lawsuit.

The tribe claimed ownership of the land that is now a part of the Valles Caldera National Preserve. Judge Robert C. Brack acknowledged the tribe's aboriginal connection but said the lawsuit was filed too late.

"It is well-established that the ICCA provided the exclusive remedy for pre-1946 Indian tribal land claims against the United States," Brack wrote, referring to the Indian Claims Commission Act.

The tribe should have filed a case with the Indian Claims Commission by 1951, Brack said, even though Congress didn't create the preserve until 2000.

"The fact that the defendant acquired the subject property in 2000 does not alter the result," Brack wrote. "Courts have uniformly held that a tribe cannot obtain review of a historical land claim otherwise barred by the ICCA by challenging present-day actions involving the land."

The tribe's appeal will go to the 10th Circuit Court of Appeals.

Turtle Talk has posted documents from the case, Jemez Pueblo v. US.

Get the Story:
Jemez Pueblo to appeal court decision (The Albuquerque Journal 10/6)


Copyright © Indianz.Com
More headlines...
Stay Connected:
On Facebook

On Twitter

On Google+

On SoundCloud
Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Standing Rock Sioux Tribe blasts Trump claim of 'constant contact' (2/24)
Cheyenne River Sioux Tribe calls out Trump 'lies' on Dakota Access (2/24)
Native Sun News Today: Pine Ridge residents worried about water (2/24)
Editorial: Shutting down Whiteclay won't address our addictions (2/24)
Ivan Star Comes Out: Indigenous people still struggle in America (2/24)
Steve Russell: To all the indigenous writers being born out there (2/24)
Connecticut tribes plan to announce site for potential new casino (2/24)
Cheyenne River Sioux Tribe slams Trump for lack of consultation (2/23)
Native Sun News Today: Tribes asked to participate in 'land grab' (2/23)
Mark Trahant: A victory on Indian health from Washington state (2/23)
James Giago Davies: We've become too proud of our ignorance (2/23)
Cronkite News: Plant closure impacts Hopi and Navajo workers (2/23)
Peter d'Errico: Book is yet another in series of genocide deniers (2/23)
Tanya Lee: Republicans run amok as America focuses on Trump (2/23)
Radio show host in Montana calls Indian basketball fans 'unruly' (2/23)
Congressman who was advocate for Indian Country passes on (2/23)
Yakama Nation debuts hotel as part of $90M casino expansion (2/23)
Meskwaki Tribe ordered to pay damages for incident at casino (2/23)
Indian Country joins legal push to block Dakota Access Pipeline (2/22)
Dakota Access offers up March 6 as earliest date for completion (2/22)
Trump administration opposes injunction against Dakota Access (2/22)
Trump team puts hold on pro-tribal Dakota Access legal opinion (2/22)
Arne Vainio: Finding some medicine in the woods and by the fire (2/22)
Wyoming tribes lose major ruling in reservation boundary case (2/22)
Native Sun News Today: #NoDAPL campsites see their final days (2/22)
Elizabeth Cook-Lynn: Dakota Access is everything wrong with US (2/22)
United Keetoowah Band interested in pursuing casino in Georgia (2/22)
Kalispel Tribe announces $20M casino expansion in Washington (2/22)
Bureau of Indian Affairs still failing on online security measures (2/21)
Mary Annette Pember: Indigenous people can't ever back down (2/21)
Harold Monteau: Democrats to blame for President Donald Trump (2/21)
Tohono O'odham Nation leaders share concerns about border wall (2/21)
Pacific Northwest tribes finally rebury remains of Kennewick Man (2/21)
Mashpee Wampanoag Tribe affirms election results after recount (2/21)
Standing Rock Sioux Tribe hopes to see return of casino business (2/21)
Bureau of Indian Affairs confirms Wilton Rancheria casino in trust (2/21)
more headlines...

Home | Arts & Entertainment | Business | Canada | Cobell Lawsuit | Education | Environment | Federal Recognition | Federal Register | Forum | Health | Humor | Indian Gaming | Indian Trust | Jack Abramoff Scandal | Jobs & Notices | Law | National | News | Opinion | Politics | Sports | Technology | World

Indianz.Com Terms of Service | Indianz.Com Privacy Policy
About Indianz.Com | Advertise on Indianz.Com

Indianz.Com is a product of Noble Savage Media, LLC and Ho-Chunk, Inc.