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Native Land Law Series: Principles 4 & 14: Taxation by Tribal/Federal/State Government



Content Partner:  Indian Land Tenure Foundation (ILTF)
Price: $175.00*
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Description:
Current law allows the state to tax the land of Indian nations or individual Indians owned within reservation boundaries if that land is owned in fee simple title.  The current rule comes from a decision in Cass County v. Leech Lake Band of Chippewa Indians (1998), where the Court stated that “when Congress makes reservation lands freely alienable, it is ‘unmistakably clear’ that Congress intends that land to be taxable by state and local governments, unless a contrary intent is ‘clearly manifested.’” 
 
The Court’s allowance of state taxation of Indian nation lands is legally unsound, contradicts stated congressional policy, and unfairly disadvantages those Indian nations as sovereign governments. The Supreme Court’s assertion that taxation necessarily accompanies alienability is generally untrue for everyone other than Indians.
 
• Review current tax law as it relates to Indian lands and the activities on Indian lands. 
• Explore trends in this area of tax law.
• Assess validity of assertion that current law on state taxation of Indian fee lands is legally unsound.
• Consider constructive reforms.
 
 
 
Interested in learning more?  Be sure to check out  the book Native Land Law.  
 
This groundbreaking legal treatise (a companion guide to the Native land law CLE series) advances a new framework of law that is fair and workable within a U.S constitutional framework. It offers insightful historical and legal analysis of key laws and court rulings that impact Native land law and provides critical arguments to represent the interests of Indian nation governments today.


Practice Areas: Native Populations & Tribal Law
Online Media Type: Video
Production Date: 10/15/2013 2:00 PM EDT
Level: Intermediate
Category: Standard
Duration: 2 Hours, 0 Minutes
Online Format: Live

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Accreditation:
AK, AR, AZ, CA, CEU, CO, CPE-NASBA, HI, ME, MO, MT, ND, NJ, NY-EXPER, OK, PA, VI, VT, WV
Alaska
Total Credits: 2
Specialty Credits: 
Status: Reciprocal Credit Available
Expiration: N/A
Training Type: Online

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Speakers:
Mary J. Streitz - Partner and Co-Chair of the Indian and Gaming Practice Group, Dorsey & Whitney LLP
This product is designed to provide information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought.


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