C.F.R. » Title 25 » CHAPTER I—BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR › SUBCHAPTER H—LAND AND WATER › PART 169—RIGHTS-OF-WAY OVER INDIAN LAND › Subpart C—Obtaining a Right-of-Way

25 C.F.R. § 169.109

Whose consent do I need for a right-of-way when there is a life estate on the tract?

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If there is a life estate on the tract that would be subject to the right-of-way, the applicant must get the consent of both the life tenant and the owners of the majority of the remainder interest known at the time of the application.

Notes of Decisions
Cited in 1 case, 2020–2020 · leading case: W. Refining Sw., Inc. v. United States Dep't of the Interior (D.N.M. 2020).
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W. Refining Sw., Inc. v. United States Dep't of the Interior (D.N.M. 2020). “25 C.F.R. § 169.109 (2016). This regulation went into effect in April of 2016 and does not apply to the controversy currently before the Court.”
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