§ 169.113. Must a right-of-way grant for individually owned Indian land provide for compensation reviews or adjustments?
214 words·~1 min read·
/us/cfr/t25/s§ 169.113·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)For a right-of-way grant of individually owned Indian land, a review of the adequacy of compensation must occur at least every fifth year, in the manner specified in the grant unless:
(1)Payment is a one-time lump sum;
(2)The term of the right-of-way grant is 5 years or less;
(3)The grant provides for automatic adjustments; or
(4)We determine it is in the best interest of the Indian landowners not to require a review or automatic adjustment based on circumstances including, but not limited to, the following:
(i)The right-of-way grant provides for payment of less than fair market value;
(ii)The right-of-way grant provides for most or all of the compensation to be paid during the first 5 years of the grant term or before the date the review would be conducted; or
(iii)The right-of-way grant provides for graduated rent or non-monetary or varying types of compensation.
(b)The grant must specify:
(1)When adjustments take effect;
(2)Who can make adjustments;
(3)What the adjustments are based on; and
(4)How to resolve disputes arising from the adjustments.
(c)When a review results in the need for adjustment of compensation, the Indian landowners must consent to the adjustment in accordance with § 169.107, unless the grant provides otherwise.