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JUNE 15, 2001 A federal judge in Montana on Thursday ruled that the Fort Peck Tribes cannot impose a 4 percent utility tax on a railroad company. US District Judge Jack Shanstrom said the Assiniboine and Sioux Tribes' tax does not apply to Burlington Northern Santa Fe Railroad. The railroad has been granted a right of way within reservation boundaries and the tribe doesn't have taxation authority over the land, said Shanstrom. The tribe says it will lose $2.2 million annually as a result. The 9th Circuit Court of Appeals last year ruled that the Crow Tribes' utility tax was illegal. Federally granted rights-of-way are to be treated as fee land, said the court, and therefore tribes have little authority. Get the Story:
Tribes’ rail tax declared illegal (The Billings Gazette 6/15) Related Stories:
Taxation ruling having effects (6/11)
Navajo ruling draws praise, criticism (6/1)
Supreme Court strikes down Navajo tax (5/30)
Supreme Court to take on taxation (11/28)
Crow fate may rest in decision (11/28)
Tribe's tax struck down
Facebook TwitterJUNE 15, 2001 A federal judge in Montana on Thursday ruled that the Fort Peck Tribes cannot impose a 4 percent utility tax on a railroad company. US District Judge Jack Shanstrom said the Assiniboine and Sioux Tribes' tax does not apply to Burlington Northern Santa Fe Railroad. The railroad has been granted a right of way within reservation boundaries and the tribe doesn't have taxation authority over the land, said Shanstrom. The tribe says it will lose $2.2 million annually as a result. The 9th Circuit Court of Appeals last year ruled that the Crow Tribes' utility tax was illegal. Federally granted rights-of-way are to be treated as fee land, said the court, and therefore tribes have little authority. Get the Story:
Tribes’ rail tax declared illegal (The Billings Gazette 6/15) Related Stories:
Taxation ruling having effects (6/11)
Navajo ruling draws praise, criticism (6/1)
Supreme Court strikes down Navajo tax (5/30)
Supreme Court to take on taxation (11/28)
Crow fate may rest in decision (11/28)
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