Monday, November 3, 2008

Supreme Court Hears Oral Arguments in Carcieri v. Kempthorne – Narragansett Land-Use Case

Today, the U.S. Supreme Court will hear oral arguments in a case being closely watched across the country because it could determine how tribes recognized after the 1934 Indian Reorganization Act are allowed to buy, govern and use land. The case – Carcieri v. Kempthorne -- centers around whether the Narragansett Indian Tribe can put land purchased in 1991 into federal trust, making the land tax free and exempt from state and local laws.

The Bush administration sides with the tribe, arguing that the IRA allows it to take land into trust to benefit American Indians regardless of when their tribes were recognized. Rhode Island and 21 other states want the Supreme Court to limit that authority because states lose control over tribal trust land within their own borders. They say trust lands can alter the character of surrounding communities, especially when casino income allows tribes to embark on major projects.

Read more in this Associated Press story.

For a history of the case go to Turtle Talk

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