Legal Trend. If Land is Tribal. No Eminent Domain.

A court in the 10th Circuit has found that if a Native American Tribe has any interest in land, that land cannot be taken by eminent domain for any project, including a utility.

Public Serv. Co. of N.M. v. Barboan, 2017 U.S. App. LEXIS 9204 (10th Cir. 2017).

Harvard University | Property Law Developments | States may not take tribal land by eminent domain