§ 169.410. What will BIA do if a grantee remains in possession after a right-of-way expires or is terminated or cancelled?
124 words·~1 min read·
/us/cfr/t25/s§ 169.410·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
If a grantee remains in possession after the expiration, termination, or cancellation of a right-of-way, and is not accessing the land to perform reclamation or other remaining grant obligations, we may treat the unauthorized possession as a trespass under applicable law and will communicate with the Indian landowners in making the determination whether to treat the unauthorized possession as a trespass. Unless the parties have notified us in writing that they are engaged in good faith negotiations to renew or obtain a new right-of-way, we may take action to recover possession on behalf of the Indian landowners, and pursue any additional remedies available under applicable law, such as a forcible entry and detainer action.
The holdover time will be charged against the new term.