TITLE

No Local Land-Use Authority in 'Indian Country'

AUTHOR(S)
Lawlor, James
PUB. DATE
February 2006
SOURCE
Planning;Feb2006, Vol. 72 Issue 2, p52
SOURCE TYPE
Trade Publication
DOC. TYPE
Article
ABSTRACT
The article presents information on the court case Shivwits Band of Paiute Indians v. State of Utah that took place in a U.S. Circuit Court on November 10, 2005. The court ruled that the state does not have the authority to regulate the placement of billboards on Indian trust land located along an interstate highway. The city and the state contended over a number of issues while appealing. The state contended that it had the authority to restrict the placement of the billboards either under the federal Highway Beautification Act or the state's inherent police power. But the court said that a state's exercise of authority over the actions of non-tribe members in Indian country is limited and concluded that allowing the state to exercise control over the land would threaten the congressional objective of encouraging tribal self government and economic development.
ACCESSION #
19801891

 

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