25 C.F.R. § 162.471
What will BIA do if a lessee remains in possession after a business lease expires or is terminated or cancelled?
If a lessee remains in possession after the expiration, termination, or cancellation of a business lease, we may treat the unauthorized possession as a trespass under applicable law in consultation with the Indian landowners. Unless the Indian landowners of the applicable percentage of interests under § 162.012 have notified us in writing that they are engaged in good faith negotiations with the holdover lessee to obtain a new lease, 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.
Notes of Decisions
Cited in 1
case (1 in the last 5 years), 2021–2021 · leading case: Paul Grondal v. United States, 21 F.4th 1140 (9th Cir. 2021).
Paul Grondal v. United States, 21 F.4th 1140 (9th Cir. 2021). “The BIA’s trespass suit is brought pursuant to 25 C.F.R. § 162.471 , which expressly states that “[i]f a lessee remains 40 Wapato Heritage asserts that the BIA is acting at the behest of the Tribe, which favors the ejectment of Mill Bay and expiration of the Master Lease…”
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