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AIPRA Hot Points: “DOI Fiddles While Indian Country Burns” Judge Sally Willett, Cherokee, Indian Land Working Group, (March 2006) Seattle, Washington. AIPRA “HOT POINTS” DEFINITION OF INDIAN 5% FORCED SALE. ARBITRARY DATES FOR DATA. SPOUSAL INTESTATE LIFE ESTATE SHARE.

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slide1

AIPRA Hot Points: “DOI Fiddles While Indian Country Burns”Judge Sally Willett, Cherokee, Indian Land Working Group, (March 2006) Seattle, Washington

Prepared by S.N. Willett Indian Land Working Group 2006

slide2
AIPRA “HOT POINTS”
  • DEFINITION OF INDIAN
  • 5% FORCED SALE.
  • ARBITRARY DATES FOR DATA.
  • SPOUSAL INTESTATE LIFE ESTATE SHARE.
  • PENALTIES FOR DYING INTESTATE.
  • ELIMINATION OF PROPERTY RIGHTS WITHOUT ADJUDICATION OF DEATH.
  • MERGER INTO FEE SIMPLE.
  • DOI CAPITALIZES ON OWN NEGLIGENCE.
  • AIPRA BEWILDERING TO INDIAN USERS.
  • AIPRA IS REFORM BY ELIMINATION.

Prepared by S.N. Willett Indian Land Working Group 2006

slide3
“HOT POINTS” CONTINUED
  • PROHIBITION AGAINST TRUST STATUS REMOVAL IS ARBITRARY.
  • PROHIBITION AGAINST TRUST STATUS REMOVAL IS INVALID.
  • PROBATE IS HIGH JACKED.
  • CERTAIN PROVISIONS ARE FORFEITURES.
  • ACQUISITION PROJECT VALUATIONS ARE “HINCKY”.
  • LAND IS APPRAISED NOT OWNERS.
  • UNRESTORED 2% INTEREST WILL IMPAIR AIPRA PROVISIONS.
  • SERVICE CHARGES OUTRAGEOUS AND BREACH OF FAITH STATISTICAL SAMPLING NOT VALID FOR IIM DATA IN PRESENT CONDITION.

Prepared by S.N. Willett Indian Land Working Group 2006

slide8

Judicial Revisionism Starts With Oliphant

and Montana Rule Beginning Late 1970s

Prepared by S.N. Willett Indian Land Working Group 2006

fractionation illustration
Fractionation Illustration

Allotment

Allottee

A

A







————

————

————

————

T

————

————

————

————

Prepared by S.N. Willett Indian Land Working Group 2006

decendancy ascendency chart
Decendancy & Ascendency Chart

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Grandparent

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7

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2nd Cousin

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Grandparent

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3rd Cousin

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8

3rd Cousin

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3rd Cousin

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Uncle

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Aunt

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Great Uncle

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1st Cousin

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6

2

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Uncle

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Aunt

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3rd Cousin

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4

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4th Cousins

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7

Brother

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Sister

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Once Removed

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1st Cousin

Once Removed

2

2nd Cousin

Twice Removed

Decedent

2nd Cousin

Twice Removed

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3rd Cousin

3 Times Removed

3rd Cousin

3 Times Removed

5

4th Cousins

4 Times Removed

4th Cousins

4 Times Removed

Nephew

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Niece

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3

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Twice Removed

1st Cousin

Twice Removed

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3

Child

2nd Cousin

3 Times Removed

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2nd Cousin

3 Times Removed

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3rd Cousin

4 Times Removed

3rd Cousin

4 Times Removed

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Great Nephew

9

Great Niece

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Grandchild

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1st Cousin

3 Times Removed

1st Cousin

3 Times Removed

4

2nd Cousin

4 Times Removed

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2nd Cousin

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7

Great

Great Nephew

Great

Great Niece

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10

Great

Grandchild

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1st Cousin

4 Times Removed

5

2nd Cousin

4 Times Removed

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8

8

Great - Great

Great Nephew

Great - Great

Great Niece

Great - Great

Grandchild

6

6

Prepared by S.N. Willett Indian Land Working Group 2006

4

ilca core 1983 1984
ILCA Core 1983-1984

Land Consolidation Plans

§ 2203

FMV (Fair Market Value)

Acquisition

§ 2204

Tribal Codes

§ 2205

Probate

“2% Rule”

§ 2206

BOOM

1987

BOOM

Again!

Prepared by S.N. Willett Indian Land Working Group 2006

ilca 2000

Land Consolidation Plans

§ 2203

Fair Market Value (& < FMV)

Acquisition

§ 2204

Tribal Codes

§ 2205

Probate “2% Rule”

§ 2206

Request Trust Status §2216

ILCA 2000

Transaction Consent §2218

Establish Value §2214

Pilot Acquisition Project §2212-

§2215

Joint Tenancy

§ 2206

Limits on Codes

Limits Who is Indian §2201

Limits Inheritance §2206

Probate Consolidation §2206

Land Owner Information §2216

Estate Planning Assistance§2206

Acquisitions of

Non-Indian Interests § 2205

Prepared by S.N. Willett Indian Land Working Group 2006

re defining indian

700K = Approximately 1/3

of the population no longer

considered to be Indian.

Includes our future…

children and grandchildren

Population 1.9 M

Population 1.2 M

Year 1990

2000

Re-defining Indian

Prepared by S.N. Willett Indian Land Working Group 2006

decendancy ascendency chart15
Decendancy & Ascendency Chart

8

10

9

11

10

12

13

11

12

14

Great – Great – Great

Grandparent

5

Great – Great

Great Aunt

Great – Great

Great Uncle

6

6

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3 Times Removed

1st Cousin

3 Times Removed

7

7

2nd Cousin

Twice Removed

2nd Cousin

Twice Removed

Great – Great

Grandparent

8

3rd Cousin

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8

3rd Cousin

Once Removed

3rd Cousin

Once Removed

Great - Great

Uncle

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Great - Great

Aunt

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9

5

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4th Cousins

1st Cousin

Twice Removed

4th Cousins

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Twice Removed

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Great

Grandparent

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Great Uncle

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Once Removed

4th Cousins

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4

8

1st Cousin

Once Removed

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1st Cousin

Once Removed

11

5

5

2nd Cousin

Grandparent

3rd Cousin

Once Removed

2nd Cousin

3rd Cousin

Once Removed

4th Cousins

Twice Removed

4th Cousins

Twice Removed

6

2

6

Uncle

9

Aunt

12

3

3

1st Cousin

1st Cousin

2nd Cousin

Once Removed

2nd Cousin

Once Removed

Parent

3rd Cousin

Twice Removed

3rd Cousin

Twice Removed

4

4

4th Cousins

3 Times Removed

7

4th Cousins

3 Times Removed

1

7

Brother

10

Sister

13

1st Cousin

Once Removed

2

1st Cousin

Once Removed

2

2nd Cousin

Twice Removed

Decedent

2nd Cousin

Twice Removed

5

3rd Cousin

3 Times Removed

3rd Cousin

3 Times Removed

5

4th Cousins

4 Times Removed

4th Cousins

4 Times Removed

Nephew

8

Niece

8

11

3

1st Cousin

Twice Removed

1st Cousin

Twice Removed

14

3

Child

2nd Cousin

3 Times Removed

1

2nd Cousin

3 Times Removed

6

3rd Cousin

4 Times Removed

3rd Cousin

4 Times Removed

6

Great Nephew

9

Great Niece

9

12

Grandchild

4

1st Cousin

3 Times Removed

1st Cousin

3 Times Removed

4

2nd Cousin

4 Times Removed

2

2nd Cousin

4 Times Removed

7

7

Great

Great Nephew

Great

Great Niece

10

10

Great

Grandchild

5

1st Cousin

4 Times Removed

5

2nd Cousin

4 Times Removed

3

8

8

Great - Great

Great Nephew

Great - Great

Great Niece

Great - Great

Grandchild

6

6

Prepared by S.N. Willett Indian Land Working Group 2006

4

decendancy ascendency chart16
Decendancy & Ascendency Chart

8

10

11

9

10

12

13

11

12

14

Great – Great – Great

Grandparent

5

Great – Great

Great Aunt

Great – Great

Great Uncle

6

6

1st Cousin

3 Times Removed

1st Cousin

3 Times Removed

7

7

2nd Cousin

Twice Removed

2nd Cousin

Twice Removed

Great – Great

Grandparent

8

3rd Cousin

Once Removed

8

3rd Cousin

Once Removed

3rd Cousin

Once Removed

Great - Great

Uncle

4

Great - Great

Aunt

9

9

5

5

4th Cousins

1st Cousin

Twice Removed

4th Cousins

1st Cousin

Twice Removed

10

6

2nd Cousin

Once Removed

6

Great

Grandparent

2nd Cousin

Once Removed

7

7

3

Great Uncle

4th Cousins

Once Removed

4th Cousins

Once Removed

2nd Cousin

3rd Cousins

Great Aunt

4

8

1st Cousin

Once Removed

4

1st Cousin

Once Removed

11

5

5

2nd Cousin

Grandparent

3rd Cousin

Once Removed

2nd Cousin

3rd Cousin

Once Removed

4th Cousins

Twice Removed

4th Cousins

Twice Removed

6

2

6

Uncle

9

Aunt

12

3

3

1st Cousin

1st Cousin

2nd Cousin

Once Removed

2nd Cousin

Once Removed

Parent

3rd Cousin

Twice Removed

3rd Cousin

Twice Removed

4

4

4th Cousins

3 Times Removed

7

4th Cousins

3 Times Removed

1

7

Brother

10

Sister

13

1st Cousin

Once Removed

2

1st Cousin

Once Removed

2

2nd Cousin

Twice Removed

Decedent

2nd Cousin

Twice Removed

5

3rd Cousin

3 Times Removed

3rd Cousin

3 Times Removed

5

4th Cousins

4 Times Removed

4th Cousins

4 Times Removed

Nephew

8

Niece

8

11

3

1st Cousin

Twice Removed

1st Cousin

Twice Removed

14

3

Child

2nd Cousin

3 Times Removed

1

2nd Cousin

3 Times Removed

6

3rd Cousin

4 Times Removed

3rd Cousin

4 Times Removed

6

Great Nephew

9

Great Niece

9

12

Grandchild

4

1st Cousin

3 Times Removed

1st Cousin

3 Times Removed

4

2nd Cousin

4 Times Removed

2

2nd Cousin

4 Times Removed

7

7

Great

Great Nephew

Great

Great Niece

10

10

Great

Grandchild

5

1st Cousin

4 Times Removed

5

2nd Cousin

4 Times Removed

3

Single Heir Rule

8

8

Great - Great

Great Nephew

Great - Great

Great Niece

Great - Great

Grandchild

6

6

Prepared by S.N. Willett Indian Land Working Group 2006

4

s 1721
S.1721
  • Changes “Indian”
  • Changes Inheritance
  • Changes Probate Consolidation
  • Changes Non-Indian Interest Acquisition
  • Changes Missing Heir Provision
  • Changes Certification \ Effective Dates

Prepared by S.N. Willett Indian Land Working Group 2006

s 172119
S.1721
  • Adds Secretarial Liens
  • Adds Appropriations
  • Adds Partition Highly Fractionated Interests
  • Adds “5%” Single Heir Rule
  • Adds Will Interpretation Rules
  • Adds Family Trust Pilot Project
  • Adds Probate Purchase Option
  • Adds Owner Managed Interests
  • Blocks Trust Status Elimination

Prepared by S.N. Willett Indian Land Working Group 2006

slide20
AIPRA “HOT POINTS”
  • DEFINITION OF INDIAN
  • 5% FORCED SALE.
  • ARBITRARY DATES FOR DATA.
  • SPOUSAL INTESTATE LIFE ESTATE SHARE.
  • PENALTIES FOR DYING INTESTATE.
  • ELIMINATION OF PROPERTY RIGHTS WITHOUT ADJUDICATION OF DEATH.
  • MERGER INTO FEE SIMPLE.
  • DOI CAPITALIZES ON OWN NEGLIGENCE.
  • AIPRA BEWILDERING TO INDIAN USERS.
  • AIPRA IS REFORM BY ELIMINATION.

Prepared by S.N. Willett Indian Land Working Group 2006

slide21
“HOT POINTS” CONTINUED
  • PROHIBITION AGAINST TRUST STATUS REMOVAL IS ARBITRARY.
  • PROHIBITION AGAINST TRUST STATUS REMOVAL IS INVALID.
  • PROBATE IS HIGH JACKED.
  • CERTAIN PROVISIONS ARE FORFEITURES.
  • ACQUISITION PROJECT VALUATIONS ARE “HINCKY”.
  • LAND IS APPRAISED NOT OWNERS.
  • UNRESTORED 2% INTEREST WILL IMPAIR AIPRA PROVISIONS.
  • SERVICE CHARGES OUTRAGEOUS AND BREACH OF FAITH STATISTICAL SAMPLING NOT VALID FOR IIM DATA IN PRESENT CONDITION.

Prepared by S.N. Willett Indian Land Working Group 2006

slide22

AIPRA Hot Points: “DOI Fiddles While Indian Country Burns”Judge Sally Willett, Cherokee, Indian Land Working Group, (March 2006) Seattle, Washington

Prepared by S.N. Willett Indian Land Working Group 2006