Law Article: Hualapai Tribe wins decision in business dispute

An eminent decision out of the Ninth Circuit United States Court of Appeals is not a common occurrence. A Ninth Circuit eminent domain decision dealing with intangible property is even less common. Yet, on April 26, 2013, the Ninth Circuit took it even one step further, issuing an eminent domain decision dealing with intangible property in which the condemning authority is an Indian Tribe.

Having explained just how rare it is to see this type of decision, I now need to make a confession. While the Ninth Circuit decision arises out of an eminent domain action in which an Indian Tribe is condemning intangible property, the decision itself is actually about exhaustion. I know, big let down. Specifically, the Ninth Circuit addressed whether a non-Indian must exhaust tribal court remedies before proceeding in federal court. In this case, the Ninth Circuit answered yes.