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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
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
“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
Prepared by S.N. Willett Indian Land Working Group 2006
Prepared by S.N. Willett Indian Land Working Group 2006
Prepared by S.N. Willett Indian Land Working Group 2006
Prepared by S.N. Willett Indian Land Working Group 2006
Judicial Revisionism Starts With Oliphant
and Montana Rule Beginning Late 1970s
Prepared by S.N. Willett Indian Land Working Group 2006
Prepared by S.N. Willett Indian Land Working Group 2006
Fractionation Illustration
Allotment
Allottee
A
A
T
Prepared by S.N. Willett Indian Land Working Group 2006
Great – Great – Great
Grandparent
Great – Great Great – Great
Great Aunt 5 Great Uncle
1st Cousin 1st Cousin
6 6 3 Times Removed
3 Times Removed
2nd Cousin 2nd Cousin
7 Great – Great
7
Twice Removed Twice Removed
Grandparent 3rd Cousin
3rd Cousin 8 Great - Great Great - Great 8 Once Removed
Once Removed Aunt 4 Uncle
1st Cousin
9
4th Cousins 9 1st Cousin 5 4th Cousins
5 Twice Removed
Twice Removed
2nd Cousin Great 2nd Cousin 10
10 6 6 Once Removed
Once Removed Grandparent
4th Cousins 7 Great Uncle 7 4th Cousins
3rd Cousins Great Aunt 3 2nd Cousin
Once Removed Once Removed
1st Cousin
8 1st Cousin 4 8
11 4 Once Removed
Once Removed 11
5 3rd Cousin
4th Cousins
3rdCousin 2nd Cousin 5 Grandparent 2nd Cousin
Once Removed Once Removed 4th Cousins
Twice Removed 6 Twice Removed
6 Aunt 2 Uncle
9 9
12 3 3 1st Cousin 2nd Cousin 12
2nd Cousin 1st Cousin
3rd Cousin Once Removed Parent Once Removed 3rd Cousin
4th Cousins 4th Cousins
Twice Removed 4 4 Twice Removed
3 Times Removed
Brother 7 3 Times Removed
7 Sister 1
1st Cousin 1st Cousin 10
13 10 2nd Cousin 13
Once Removed 2 Once Removed
2nd Cousin 2 Twice Removed
3rd Cousin 3rd Cousin
4th Cousins Twice Removed Decedent 5 4th Cousins
3 Times Removed 5 Nephew 3 Times Removed
4 Times Removed Niece 4 Times Removed
8
8 1st Cousin 1st Cousin 11
11 Twice Removed Child 3 14
14 3 Twice Removed
2nd Cousin
2nd Cousin 3 Times Removed
3rd Cousin 1 3rd Cousin
3 Times Removed 6
4 Times Removed 6 Great Niece Great Nephew 4 Times Removed
9
9 1st Cousin Grandchild 1st Cousin
12 12
3 Times Removed 4 4 3 Times Removed 2nd Cousin
2nd Cousin 4 Times Removed
4 Times Removed Great 2 Great 7
7 Great Nephew
Great Niece 10
10 Great
1st Cousin 2nd Cousin
Grandchild 5
4 Times Removed 5 4 Times Removed
Great - Great 3 Great - Great
8
Decendancy & 8
Great Niece Great - Great
Great Nephew
Grandchild
Ascendency Chart 6 4
6 Prepared by S.N. Willett Indian Land Working Group 2006
ILCA Core 1983-1984
FMV (Fair Market Value)
Land Consolidation Plans
Acquisition
§ 2203
§ 2204
BOOM
Tribal Codes Probate
“2% Rule” 1987
§ 2205
BOOM
§ 2206
Again!
Prepared by S.N. Willett Indian Land Working Group 2006
ILCA 2000 Request Trust Status §2216
Transaction Consent §2218
Establish Value §2214
Pilot Acquisition Project §2212-
§2215
Fair Market Value (& < FMV)
Land Consolidation Plans
Acquisition
§ 2203
§ 2204
Tribal Codes Joint “2% Rule”
Probate Tenancy
§ 2205 § 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
Re-defining Indian
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
Prepared by S.N. Willett Indian Land Working Group 2006
Great – Great – Great
Grandparent
Great – Great Great – Great
Great Aunt 5 Great Uncle
1st Cousin 1st Cousin
6 6 3 Times Removed
3 Times Removed
2nd Cousin 2nd Cousin
7 Great – Great
7
Twice Removed Twice Removed
Grandparent 3rd Cousin
3rd Cousin 8 Great - Great Great - Great 8 Once Removed
Once Removed Aunt 4 Uncle
1st Cousin
9
4th Cousins 9 1st Cousin 5 4th Cousins
5 Twice Removed
Twice Removed
2nd Cousin Great 2nd Cousin 10
10 6 6 Once Removed
Once Removed Grandparent
4th Cousins 7 Great Uncle 7 4th Cousins
3rd Cousins Great Aunt 3 2nd Cousin
Once Removed Once Removed
1st Cousin
8 1st Cousin 4 8
11 4 Once Removed
Once Removed 11
5 3rd Cousin
4th Cousins
3rdCousin 2nd Cousin 5 Grandparent 2nd Cousin
Once Removed Once Removed 4th Cousins
Twice Removed 6 Twice Removed
6 Aunt 2 Uncle
9 9
12 3 3 1st Cousin 2nd Cousin 12
2nd Cousin 1st Cousin
3rd Cousin Once Removed Parent Once Removed 3rd Cousin
4th Cousins 4th Cousins
Twice Removed 4 4 Twice Removed
3 Times Removed
Brother 7 3 Times Removed
7 Sister 1
1st Cousin 1st Cousin 10
13 10 2nd Cousin 13
Once Removed 2 Once Removed
2nd Cousin 2 Twice Removed
3rd Cousin 3rd Cousin
4th Cousins Twice Removed Decedent 5 4th Cousins
3 Times Removed 5 Nephew 3 Times Removed
4 Times Removed Niece 4 Times Removed
8
8 1st Cousin 1st Cousin 11
11 Twice Removed Child 3 14
14 3 Twice Removed
2nd Cousin
2nd Cousin 3 Times Removed
3rd Cousin 1 3rd Cousin
3 Times Removed 6
4 Times Removed 6 Great Niece Great Nephew 4 Times Removed
9
9 1st Cousin Grandchild 1st Cousin
12 12
3 Times Removed 4 4 3 Times Removed 2nd Cousin
2nd Cousin 4 Times Removed
4 Times Removed Great 2 Great 7
7 Great Nephew
Great Niece 10
10 Great
1st Cousin 2nd Cousin
Grandchild 5
4 Times Removed 5 4 Times Removed
Great - Great 3 Great - Great
8
Decendancy & 8
Great Niece Great - Great
Great Nephew
Grandchild
Ascendency Chart 6 4
6 Prepared by S.N. Willett Indian Land Working Group 2006
Great – Great – Great
Grandparent
Great – Great Great – Great
Great Aunt 5 Great Uncle
1st Cousin 1st Cousin
6 6 3 Times Removed
3 Times Removed
2nd Cousin 2nd Cousin
7 Great – Great
7
Twice Removed Twice Removed
Grandparent 3rd Cousin
3rd Cousin 8 Great - Great Great - Great 8 Once Removed
Once Removed Aunt 4 Uncle
1st Cousin
9
4th Cousins 9 1st Cousin 5 4th Cousins
5 Twice Removed
Twice Removed
2nd Cousin Great 2nd Cousin 10
10 6 6 Once Removed
Once Removed Grandparent
4th Cousins 7 Great Uncle 7 4th Cousins
3rd Cousins Great Aunt 3 2nd Cousin
Once Removed Once Removed
1st Cousin
8 1st Cousin 4 8
11 4 Once Removed
Once Removed 11
5 3rd Cousin
4th Cousins
3rdCousin 2nd Cousin 5 Grandparent 2nd Cousin
Once Removed Once Removed 4th Cousins
Twice Removed 6 Twice Removed
6 Aunt 2 Uncle
9 9
12 3 3 1st Cousin 2nd Cousin 12
2nd Cousin 1st Cousin
3rd Cousin Once Removed Parent Once Removed 3rd Cousin
4th Cousins 4th Cousins
Twice Removed 4 4 Twice Removed
3 Times Removed
Brother 7 3 Times Removed
7 Sister 1
1st Cousin 1st Cousin 10
13 10 2nd Cousin 13
Once Removed 2 Once Removed
2nd Cousin 2 Twice Removed
3rd Cousin 3rd Cousin
4th Cousins Twice Removed Decedent 5 4th Cousins
3 Times Removed 5 Nephew 3 Times Removed
4 Times Removed Niece 4 Times Removed
8
8 1st Cousin 1st Cousin 11
11 Twice Removed Child 3 14
14 3 Twice Removed
2nd Cousin
2nd Cousin 3 Times Removed
3rd Cousin 1 3rd Cousin
3 Times Removed 6
4 Times Removed 6 Great Niece Great Nephew 4 Times Removed
9
9 1st Cousin Grandchild 1st Cousin
12 12
3 Times Removed 4 4 3 Times Removed 2nd Cousin
2nd Cousin 4 Times Removed
4 Times Removed Great 2 Great 7
7 Great Nephew
Great Niece 10
10 Great
1st Cousin 2nd Cousin
Grandchild 5
4 Times Removed 5 4 Times Removed
Great - Great 3 Great - Great
8 Single Heir Rule
Decendancy & 8
Great Niece Great - Great
Great Nephew
Grandchild
Ascendency Chart 6 4
6 Prepared by S.N. Willett Indian Land Working Group 2006
Prepared by S.N. Willett Indian Land Working Group 2006
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
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
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
“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
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
