25 C.F.R. § 166.804
What can I do if I receive a trespass notice?
If you receive a trespass notice, you will within the time frame specified in the notice:
(a) Comply with the ordered corrective actions; or
(b) Contact us in writing to explain why the trespass notice is in error. You may contact us by telephone but any explanation of trespass you wish to provide must be in writing. If we determine that we issued the trespass notice in error, we will withdraw the notice.
Notes of Decisions
Cited in 3
cases (2 in the last 5 years), 2004–2025 · 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). “” 25 C.F.R. § 166.804 (b). The agency then reviews the issuance of the notice, and if it “determines that [it] issued the trespass notice in error, [it] will withdraw the notice.”
Taylor v. Bureau of Indian Affairs, 325 F. Supp. 2d 1117 (S.D. Cal. 2004). “” 25 C.F.R. § 166.804 (b). If the BIA determines that the trespass notice was issued in error, the notice is withdrawn.”
Temple v. Lawrence Roberts (D.S.D. 2023). “Pursuant to 25 C.F.R. § 166.804 , upon receipt of a trespass notice, plaintiff was required to “(a) comply with the ordered corrective actions; or (b) contact us [the BIA] in writing to explain why the trespass notice is in error.”
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