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View Diary: Sioux try to save sacred site in Black Hills from the auction block and developers who will follow (108 comments)

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  •  could the money be used (4+ / 0-)
    Recommended by:
    chimpy, mjbleo, renzo capetti, 4Freedom

    To simply buy the BlackHills?  How much would they actually cost?  Seems a trust fund used to purchase these and other sites could work. (alternatively could an act of congress condemn the land and the funds used for compensation?).

    I'm thinking that it's likely to be the best deal to be hadfrommthe courts of the conquerer

    Courtesy Kos. Trying to call on the better angels of our nature.

    by Mindful Nature on Mon Aug 20, 2012 at 06:24:12 PM PDT

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    •  Probably not (5+ / 0-)

      The amount set aside for them would have been for the value of the raw land.  But, quite a bit has been developed. Now they would have to pay for the "improvements" as well as the land itself.

      Speak the truth, but ride a fast horse.

      by Deep Harm on Mon Aug 20, 2012 at 06:38:54 PM PDT

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      •  We're talking mostly about boarded up main streets (2+ / 0-)
        Recommended by:
        4Freedom, chimpy

        and collapsing old ranch houses.

        Perhaps it might be cost effective to leave the towns as inholdings, but the money would be there to buy 98% of the acreage.

        It just doesn't make a lot of sense to do so.

        All Cretans are sockpuppets. -- Epimenides the Cretan

        by JesseCW on Tue Aug 21, 2012 at 06:07:56 AM PDT

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    •  Several years ago a tribe in the North East (7+ / 0-)

      tried to purchase stolen land and return it to their Reservation.

      They paid fair-market price.  

      They were sued by the state, which wanted to keep collecting property taxes on the land.  The courts eventually ruled that tribes cannot regain sovereignty through purchase in fee simple, even when they can prove the land in question was stolen in violation of treaty.

      I wish I could remember the damned names so I could look it up.  It was maybe six year ago, ish, that the last appeal was rejected.

      It makes no sense to purchase the land in fee simple, when it can just be stolen again through eminent domain, and when taxes will be such a burden.

      All Cretans are sockpuppets. -- Epimenides the Cretan

      by JesseCW on Tue Aug 21, 2012 at 06:05:29 AM PDT

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      •  City of Sherril v. Oneida Indian Nation of NY (4+ / 0-)
        Recommended by:
        Deep Harm, 4Freedom, chimpy, Kay Observer2

        AKA Oneida v NY III.  Required reading in my Indian law class, and I should have thought of it.

        That raises a good point.  However, Federal legislation does provide for such lands to be converted to trust lands.  Here's a PDF

        Courtesy Kos. Trying to call on the better angels of our nature.

        by Mindful Nature on Tue Aug 21, 2012 at 10:14:59 AM PDT

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      •  While the precedent might apply in many... (2+ / 0-)
        Recommended by:
        chimpy, navajo

        ...cases, it might not apply in the case of Black Hills. The court ruling made specific note that the Oneida had not tried from 1805 until the 1970s to re-obtain the land by purchase and reunify it with their aboriginal claim. The court gave substantial weight to the expectations of how the Oneida property should be governed and taxed over a period close to two centuries.

        That is not the case with the Sioux and the Black Hills. The first claim was made in 1912, only 35 years after the land was taken, and the court case that was decided in favor of $105 million in compensation in 1980 was initiated in 1923. Indian law being the tangle that it is, a case in the Black Hills might easily be decided for the tribes.

        Of course, since nearly three-fourths of the land is in government hands already and other means exist for tribes to transfer private land-into-trust, as has been done with nearly a million acres in the past 14 years.

        Don't tell me what you believe, show me what you do and I will tell you what you believe.

        by Meteor Blades on Wed Aug 22, 2012 at 08:56:13 PM PDT

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    •  73% of the Black Hills are already in ... (1+ / 0-)
      Recommended by:
      navajo

      ...federal hands. The nine tribes have not been able to come to an agreement about what they would accept in a negotiated deal except that they would not be after post offices and other government holdings used for government purposes, nor would they seek transfers of private property. So, when somebody says, what about all the non-Indian people living in the Black Hills (about 45,000), that's not a problem. The tribes are also not seeking to take over Mount Rushmore.

      Don't tell me what you believe, show me what you do and I will tell you what you believe.

      by Meteor Blades on Wed Aug 22, 2012 at 08:34:42 PM PDT

      [ Parent ]

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