Private Utility Cannot Condemn Formerly Allotted Land, 10th Circuit Rules

(May 31, 2017, 2:36 PM EDT) -- DENVER — The 10th Circuit U.S. Court of Appeals on May 26 held that once a parcel of land originally allotted to a Native American is transferred to the United States in trust for a tribe, the parcel becomes tribal land not subject to condemnation by a utility company seeking to renew a right of way for an electricity transmission line (Public Service Company of New Mexico v. Lorraine Barboan, et al., No. 16-2050, 10th Cir., 2017 U.S. App. LEXIS 9204)....

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