html5-img
1 / 22

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

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.

libitha
Télécharger la présentation

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

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. 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

  2. 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

  3. “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

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

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

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

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

  8. Judicial Revisionism Starts With Oliphant and Montana Rule Beginning Late 1970s Prepared by S.N. Willett Indian Land Working Group 2006

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

  10. Fractionation Illustration Allotment Allottee A A     ———— ———— ———— ———— T ———— ———— ———— ———— — Prepared by S.N. Willett Indian Land Working Group 2006

  11. 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 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 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

  12. 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

  13. 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

  14. 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

  15. 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 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 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

  16. 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

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

  18. 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

  19. 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

  20. 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

  21. “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

  22. 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

More Related