25 C.F.R. · Indians
25 C.F.R. § 169.410

What will BIA do if a grantee remains in possession after a right-of-way expires or is terminated or cancelled?

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25 C.F.R. § 169.410 — What will BIA do if a grantee remains in possession after a right-of-way expires or is terminated or cancelled?

§ 169.410 What will BIA do if a grantee remains in possession after a right-of-way expires or is terminated or cancelled? If a grantee remains in possession after the expiration, termination, or cancellation of a right-of-way, and is not accessing the land to perform reclamation or other remaining grant obligations, we may treat the unauthorized possession as a trespass under applicable law and will communicate with the Indian landowners in making the determination whether to treat the unauthorized possession as a trespass. Unless the parties have notified us in writing that they are engaged in good faith negotiations to renew or obtain a new right-of-way, we may take action to recover possession on behalf of the Indian landowners, and pursue any additional remedies available under applicable law, such as a forcible entry and detainer action. The holdover time will be charged against the new term.

Source: ecfr.gov · govinfo.gov — public domain Official Source ↗
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25 C.F.R. § 169.410
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The regulatory text of 25 C.F.R. § 169.410 is reproduced from the official Code of Federal Regulations as published by the Office of the Federal Register and the National Archives and Records Administration.
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boisestandard.org United States Law CFR Title 25 25 C.F.R. § 169.410