Okla. Indian property subject of battles

MONDAY, SEPTEMBER 16, 2002

A high-priced bidding and legal war erupted last week over a commercially viable Indian allotment in Oklahoma.

The land, owned by descendants of a Choctaw Nation man who died more than 40 years ago, was the subject of a Bureau of Indian Affairs lease auction. On behalf of about 30 heirs, the agency on Friday sought bids for a two-year agreement.

The Seminole Nation Development Authority, the economic development arm of the Seminole Nation, ended up winning with a high bid of $72,000. The opening price was $36,000, although the BIA didn't provide documentation of any appraisals.

That didn't bar SNDA officials, believing they were up against the revenue-rich rival tribe, from repeatedly raising their bid. They beat the only competitor, a non-Indian company known as Many Nations, LLC, that has sought to lease the property at a much lower price.

The successful auction belied the dispute over which sovereign controls the matter. Under federal law, probate of land owned by members of the Five Civilized Tribes -- which includes the Choctaw Nation -- goes through the state court system.

But in a "special" disclosure statement distributed at the auction, a Department of Interior attorney accused a state judge of ignoring federal laws designed to protect the rights of Indian beneficiaries. While the document was not a legal brief, field solicitor Robert McCarthy, who is based in Tulsa, promised a fight.

"Although federal law authorizes state courts to probate restricted property, and to approve certain conveyances of restricted property," he wrote, "the probate court proceedings do not comply with federal law concerning a lease of the restricted property."

The developments were the latest in a battle over a small plot of land in Oklahoma City. Although the parcel only measures about 150 feet by 50 feet, it is near a busy highway intersection.

The location prompted interest among a number of tribes. The Chickasaw Nation, however, declined to bid on the land. Chickasaw Gov. Bill Anoatubby has not responded to requests for comment.

In a subsequent press release, McCarthy defended the lease as "in the best interests" of the Indian heirs. In a separate fax to Indianz.Com, he acknowledged that the BIA potentially breached its trust to the descendants by failing to protect them from a "non-Indian" who "illegally" leased the land.

Probate Judge D. Fred Doak has scheduled an October hearing to consider the issue. McCarthy said he will "defend the validity of the BIA lease against other claimants to the property, including anyone claiming through a competing probate court lease."

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