Opinion

Jay Daniels: Going down the right way on your Indian allotment





Jay Daniels continues his series on rights-of-way in Indian Country:
After pondering these articles and seeing this issue is larger than most folks realize, I believe it is important to re-emphasize these articles because the issues are not going to disappear. They are only going to compound and create even more loss of present and future income due to Indian landowners.

First of all, you have to understand that rights-of-way, easements, or any of a number of other types of right-of-way, i.e. navigable, aerial, or even water, basically are an authorized right to use given by a landowner to another party. Rights-of-way specifically means “the right to pass through property owned by another.” (Black’s Law Dictionary, 8th Edition, 2004). A right may be established by a contract, agreement, public authority such as a law or condemnation, and even through longstanding use if not pursued timely.

An Easement is defined as “interest in a land owned by another, consisting in the right to use or control the land, or an area above or below it, for a specific limited purpose, such as occurs in access to a public road. (Black’s Law Dictionary, 8th Edition, 2004)

Get the Story:
Jay Daniels: It’s not a right-of-way, its a wrong way (Round House Talk 3/6)