via Triballaw
Judge Royce C. Lamberth granted a TRO today, halting the DOI from selling parcels of the Indian owned land at issue in the case. This is a win. An invitation for bids for the sale of the Indian-owned land was issued on July 30, 2004 by BIA. The agency set a deadline for submitted bids of September 1, 2004.
Keith Harper attorney for the Plaintiffs and member of the Cherokee Nation of Oklahoma made the following remarks:
"This land and its subsurface rights lie at the heart of the Individual Indian Trust litigation. Secretary Norton is trying to sell the core asset -- the land and its natural resources -- of this Trust without giving the Court or Plaintiffs any idea as to whether prudent steps would be taken to ensure that the sale is consummated at fair market value and solely in the best interests of each trust beneficiary."
Lead plaintiff Elouise Cobell and member of the Blackfoot Nation of Montana made the following remarks:
"We have no desire to curtail the ability of private Indian landowners to sell their land. We fully support their right to do so. The question is whether the government's auction of trust land will ensure that fair market value is paid to each trust beneficiary who chooses to sell his or her land.""Unless the government provides full and correct information, there is no way for a landowner to make a sound decision. Given our history, the last thing we need is a rush to sell Indian lands at fire sale rates especially with an Administration focused on nothing else but escaping liability for their historical and continuing mismanagement."
DOI officials have admitted that they would not perform appraisals prior to bidding. Moreover, DOI cannot make a showing that the trust beneficiaries have been provided the information they need to make an informed consent to such sales particularly when the Secretary has refused to provide each trust beneficiary with current appraisals and an accurate survey of the trust lands.
Written by EBW, despite MT's claims to the contrary.