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Current as of October 02, 2022 | Updated by FindLaw Staff
A right-of-way is a non-possessory interest in land, and title does not pass to the grantee. The Secretary's grant of a right-of-way will clarify that it does not diminish to any extent:
(a) The Indian tribe's jurisdiction over the land subject to, and any person or activity within, the right-of-way;
(b) The power of the Indian tribe to tax the land, any improvements on the land, or any person or activity within, the right-of-way;
(c) The Indian tribe's authority to enforce tribal law of general or particular application on the land subject to and within the right-of-way, as if there were no grant of right-of-way;
(d) The Indian tribe's inherent sovereign power to exercise civil jurisdiction over non-members on Indian land; or
(e) The character of the land subject to the right-of-way as Indian country under 18 U.S.C. 1151.
Cite this article: FindLaw.com - Code of Federal Regulations Title 25. Indians § 25.169.10 What is the effect of a right-of-way on a tribe's jurisdiction over the underlying parcel? - last updated October 02, 2022 | https://codes.findlaw.com/cfr/title-25-indians/cfr-sect-25-169-10/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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