25 C.F.R. § 162.106
What will BIA do if possession is taken without an approved agricultural lease or other proper authorization?
(a) If an agricultural lease is required, and possession is taken without an agricultural lease by a party other than an Indian landowner of the tract, we will treat the unauthorized use as a trespass. Unless we have reason to believe that the party in possession is engaged in negotiations with the Indian landowners to obtain an agricultural lease, we will take action to recover possession on behalf of the Indian landowners, and pursue any additional remedies available under applicable law.
(b) Where a trespass involves Indian agricultural land, we will also assess civil penalties and costs under part 166, subpart I, of this chapter.
Notes of Decisions
Cited in 4
cases, 2009–2010 · leading case: Oenga v. United States, 91 Fed. Cl. 629 (Fed. Cl. 2010).
Oenga v. United States, 91 Fed. Cl. 629 (Fed. Cl. 2010). “The plaintiffs additionally argue that BPX's use of the allotment for purposes exceeding the scope of the lease could be viewed as a trespass, triggering 25 C.F.R. § 162.106 . The full text of the regulation is as follows: If a lease is required, and possession is taken without…”
Grondal v. United States, 682 F. Supp. 2d 1203 (E.D. Wash. 2010). “1956); see also 25 C.F.R. § 162.106 (a); 73B C.J.S. Public Lands § 5.”
United States v. Torlaw Realty, Inc., 348 F. App'x 213 (9th Cir. 2009). “1956); see also 25 C.F.R. § 162.106 (a); 73B C.J.S. Public Lands § 5.”
United States v. Torlaw Realty, Inc., 348 F. App'x 213 (9th Cir. 2009). “1956); see also 25 C.F.R. § 162.106 (a); 73B C.J.S. Public Lands § 5.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.