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Appeals court to hear land-into-trust case
Monday, January 8, 2007

The 1st Circuit Court of Appeals will hear arguments on Tuesday in the Narragansett Tribe's land-into-trust case.

The tribe wants 31 acres placed in trust for a housing project. The Bureau of Indian Affairs approved the application but the state and the town of Charlestown have been fighting it for nearly a decade.

The land is located outside the boundaries of the reservation that was established for the tribe by a special act of Congress. As a result, a three-judge panel of the court said the land won't be subject to state civil and criminal laws.

The state petitioned the court for a rehearing, a request that was granted last month. A panel of six judges -- the same ones who ruled 4-2 against the tribe in a sovereignty dispute -- will hear the case at 2pm on Tuesday afternoon in Boston, Massachusetts.

1st Circuit Decision:
Carcieri v. Norton (September 13, 2005)

Earlier 1st Circuit Decision:
Carcieri v. Norton (February 9, 2005)

Relevant Documents:
Carcieri v. Norton Briefs, Opinions (NARF-NCAI Tribal Supreme Court Project

Relevant Laws:
Rhode Island Indian Claims Settlement Act (US Code)

Relevant Links:
Narragansett Tribe - http://www.narragansett-tribe.org
Tribal Supreme Court Project - http://www.narf.org/sct/index.html

Related Stories:
Appeals court to rehear land-into-trust dispute (12/07)
High court rejects state raid, land claim (11/28)
Supreme Court won't hear land-into-trust cases (10/3)
Court subjects Narragansett Tribe to all state laws (05/25)
Appeals court hears tribal-state sovereignty dispute (12/07)
Narragansett Tribe back in court over sovereignty (12/6)
Rhode Island set to appeal trust land decision (09/16)
Trust land challenge rejected by appeals court (9/14)
Appeals court agrees to rehear sovereignty case (07/11)
Tribal sovereignty must be respected, court rules (05/13)
Appeals court sides with tribe in trust land dispute (02/10)
Court won't rehear challenge to tribal land base (05/21)
Massachusetts court deals blow to tribe's sovereignty (12/10)
R.I. tribe takes smokeshop case to higher court (01/27)
State's raid on tribal land sparks strong reactions (07/16)
R.I. to appeal Narragansett land-into-trust case (10/1)
Judge affirms Narragansett Tribe land-into-trust (9/30)
Court says U.S. can protect tribe's interests (02/04)
Land still in limbo after decade-long fight (10/16)
The day the Supreme Court said no (10/16)

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