25 C.F.R. § 166.800
What is trespass?
Under this part, trespass is any unauthorized occupancy, use of, or action on Indian agricultural lands. These provisions also apply to Indian agricultural land managed under an agricultural lease or permit under part 162 of this title.
Notes of Decisions
Cited in 2
cases (2 in the last 5 years), 2023–2025 · leading case: Curtis Temple v. Lawrence Roberts, 127 F.4th 709 (8th Cir. 2025).
Curtis Temple v. Lawrence Roberts, 127 F.4th 709 (8th Cir. 2025). “After each compliance check, the BIA superintendent issued a written warning to Temple pursuant to 25 C.F.R. § 166.800 et seq., giving him three days to remove the livestock or “show why the[] livestock [were] not trespassing [on the] trust property.”
Temple v. Lawrence Roberts (D.S.D. 2023). “” The trespass provisions specifically apply to Indian trust land managed under a permit. Jd. The record is replete with evidence that defendant was an unauthorized holdover tenant who repeatedly refused to remove his cattle from Range Units 169 and P501 upon the expiration of…”
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