Indian Country sovereignty increased by supreme court ruling
June 7, 2011
HELENA, Montana: The Montana Supreme Court made a ruling at the end of last month which unanimously decided that tribal courts have exclusive jurisdiction over the probate of "fee lands"[1] owned by tribal members within the boundaries of reservations.[2]
The case involved an enrolled member of the Blackfeet Tribe, who died in 2003. The member's family along with their attorney, Joe Kay, fought to change the precedent in which state courts have jurisdictional authority over Indian fee lands. The high court's final ruling reverses the 1973 decision in Iron Bear v. District Court. Justice Patricia Cotter agreed with the appellants and the tribe that the state court had overstepped its jurisdiction over tribal matters and had erred in its 1973 decision.[2]
Browning attorney Joe McKay, also a Blackfeet Tribal member, said,
- "I applaud the Montana Supreme Court's effort here to bring clarity, once and for all, to federal Indian law in Montana" and "By its own statement, it said it misinterpreted prior case law. With this ruling, the Supreme Court is bringing Montana case law in line to where it should have been all along."[2]
See also
Footnotes
- ↑ For more reading on "Fee lands," see: Indian Lands
- ↑ 2.0 2.1 2.2 Great Falls Tribune "Supreme Court ruling strengthens sovereignty in Indian Country" June 2011
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