Discussion » Questions » Legal » Is it legal for a state to use the power of eminent domain on Native American land?

Is it legal for a state to use the power of eminent domain on Native American land?

I thought Native Americans had their own government. So it seems to me that eminent domain would not be legal.

Posted - September 7, 2016

Responses


  • 503

    Native Americans DO have their own government.  It's the same one we have, the US Government !   Who ever heard of the Government taking away any land from Native Americans ?......LMAO !  Keep 'em coming Rosie, I'm having a ball .

      September 7, 2016 7:56 AM MDT
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  • 34253

    No they do have their own governments that are recognized by the Federal government.

    http://thorpe.ou.edu/

    Also this is not a Rosie question...Posted by Marguerite Matisse, the Beloved asked it.  LOL

      September 7, 2016 8:53 AM MDT
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  • 3907

    Hello M:

    It's NOT just that they have their own government..  They have their own SOVEREIGN NATION...  Seems to me that taking their land would be an act of war.

    excon

      September 7, 2016 8:59 AM MDT
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  • 503

    Pardon me !..... Are you the grammar police and the old  lady that looks for dirty words  too ?

      September 7, 2016 9:07 AM MDT
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  • 34253

    I am not grammar police but I am a mod. (I am only 42...is that an old lady???)

      September 7, 2016 9:54 AM MDT
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  • 1002

    According to govt. they can take whatever they want whenever they want and from whomever they want.

    Unfortunately, even when you play by the rules, if you're playing the rule makers you always get screwed.

      September 7, 2016 10:47 AM MDT
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  • 1002

    One would think it an act of war, but that's never stopped our govt. from invading and or striking sovereign nations for resources in the past. Just saying...

      September 7, 2016 10:48 AM MDT
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  • 3191

    Spot on.

      September 7, 2016 11:00 AM MDT
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  • 34253

    Yes I think they can.  They have in the past. 

      September 7, 2016 1:50 PM MDT
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  • 2515
    Don't laugh too hard. Ask the Sioux in Pine Ridge, North Dakota. An oil company is building a pipeline and crossing their land. And using emenint domain.

    I'm not Rosie. No, I think they have their own nation.
      September 7, 2016 2:11 PM MDT
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  • 2515
    But they did it, Excon. I want to know how they get away with it!
      September 7, 2016 2:13 PM MDT
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  • 2515
    Yes, but it isn't legal. Maybe they do it anyway.
      September 7, 2016 2:14 PM MDT
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  • 258
      September 7, 2016 3:05 PM MDT
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  • 3191

      September 7, 2016 3:09 PM MDT
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  • 1002

    And ain't that a shame? Seen it way too many times...

      September 7, 2016 4:33 PM MDT
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  • 1002

    Precedent, that's how. When the courts let it fly once, it's defacto law. Well, according to them.

      September 7, 2016 4:35 PM MDT
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  • 3191

    Yep...as have I.  

      September 7, 2016 5:51 PM MDT
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