§ 169.10. What is the effect of a right-of-way on a tribe's jurisdiction over the underlying parcel?
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/us/cfr/t25/s§ 169.10·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A right-of-way is a non-possessory interest in land, and title does not pass to the grantee. The Secretary's grant of a right-of-way will clarify that it does not diminish to any extent:
(a)The Indian tribe's jurisdiction over the land subject to, and any person or activity within, the right-of-way;
(b)The power of the Indian tribe to tax the land, any improvements on the land, or any person or activity within, the right-of-way;
(c)The Indian tribe's authority to enforce tribal law of general or particular application on the land subject to and within the right-of-way, as if there were no grant of right-of-way;
(d)The Indian tribe's inherent sovereign power to exercise civil jurisdiction over non-members on Indian land; or
(e)The character of the land subject to the right-of-way as Indian country under 18 U.S.C. 1151.
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§ 169.10
What is the effect of a right-of-way on a tribe's jurisdiction over the underlying parcel?
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