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Daily Archives: May 30, 2017

Tenth Circuit Court of Appeals Rules in Favor of Navajo Nation

By Admin on May 2017

WINDOW ROCK - On May 26, 2017 the Tenth Circuit Court of Appeals issued an opinion in the case of Public Service Company of New Mexico v. Barboan. The case concerns an attempt by Public Service Company of New Mexico (PNM) to condemn several parcels of land in the eastern part of the Navajo Nation that include fractional interests owned by the Nation. The Court ruled that Section 357 of Title 25 of the U.S. Code, which allows condemnation of “allotments,” does not allow condemnation of land previously allotted to individual tribal members that are partially owned by an Indian tribe.[...]

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