U.S. COURT IN LANDMARK INDIAN TRUST SUIT, COBELL V. NORTON,
GRANTS RESTRAINING ORDER TO PREVENT SALE OF TRUST LAND BY INTERIOR DEPARTMENT
Federal government’s attempt to sell oil rich Indian-owned land at issue in Cobell litigation without notifying the Court or Plaintiffs’ Counsel has been stopped until the Court is assured consents and fair market value are obtained
WASHINGTON, DC
The Judge in the landmark Cobell v. Norton Indian Trust case issued an injunction yesterday to stop the Department of Interior (DOI) from selling parcels of the Indian owned land at issue in the case. The decision by Judge Royce C. Lamberth granted a Temporary Restraining Order (TRO) halting the DOI’s efforts to sell Indian lands, a first time such an injunction was placed on the sale of lands in the case.
Attorneys for Elouise Cobell and approximately 500,000 other American Indian plaintiffs challenged the sale of oil rich trust land because of the government’s failure to ensure that the auction would bring fair market value and that informed consent of each land and mineral owner is obtained.
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—just before the Labor Day holiday.
“This land and its subsurface rights lie at the heart of the Individual Indian Trust litigation,” Keith Harper attorney for the Plaintiffs and member of the Cherokee Nation of Oklahoma. “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.”
“This not only violates every principle of trust law, it also directly violates orders of this Court and Interior’s own regulations. That is why Judge Lamberth took the appropriate action and stopped this land alienation until there could be assurance that the rights of Indian trust beneficiaries are fully protected in accordance with law.” Harper added.
Lead plaintiff Elouise Cobell added, “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.”
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.
“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,” Cobell said.
contact: James Haggerty 212.683.8100 X224
INDIAN TRUST: Cobell vs. Norton http://www.indiantrust.com
Please also see the Indian Trust series in our International Law section.
GRANTS RESTRAINING ORDER TO PREVENT SALE OF TRUST LAND BY INTERIOR DEPARTMENT
Federal government’s attempt to sell oil rich Indian-owned land at issue in Cobell litigation without notifying the Court or Plaintiffs’ Counsel has been stopped until the Court is assured consents and fair market value are obtained
WASHINGTON, DC
The Judge in the landmark Cobell v. Norton Indian Trust case issued an injunction yesterday to stop the Department of Interior (DOI) from selling parcels of the Indian owned land at issue in the case. The decision by Judge Royce C. Lamberth granted a Temporary Restraining Order (TRO) halting the DOI’s efforts to sell Indian lands, a first time such an injunction was placed on the sale of lands in the case.
Attorneys for Elouise Cobell and approximately 500,000 other American Indian plaintiffs challenged the sale of oil rich trust land because of the government’s failure to ensure that the auction would bring fair market value and that informed consent of each land and mineral owner is obtained.
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—just before the Labor Day holiday.
“This land and its subsurface rights lie at the heart of the Individual Indian Trust litigation,” Keith Harper attorney for the Plaintiffs and member of the Cherokee Nation of Oklahoma. “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.”
“This not only violates every principle of trust law, it also directly violates orders of this Court and Interior’s own regulations. That is why Judge Lamberth took the appropriate action and stopped this land alienation until there could be assurance that the rights of Indian trust beneficiaries are fully protected in accordance with law.” Harper added.
Lead plaintiff Elouise Cobell added, “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.”
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.
“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,” Cobell said.
contact: James Haggerty 212.683.8100 X224
INDIAN TRUST: Cobell vs. Norton http://www.indiantrust.com
Please also see the Indian Trust series in our International Law section.