Law | Trust

Alabama county cites Carcieri in bid to tax Poarch Creeks

A county in Alabama claims the U.S. Supreme Court decision in Carcieri v. Salazar opens the Poarch Creek Band of Indians to taxation.

The decision restricts the land-into-trust process to tribes that were "under federal jurisdiction" in 1934. The Poarch Band didn't fain federal recognition until 1984.

"Based on Carcieri, the tribe actually owes our schools, our citizens, and our county so much more -- perhaps tens of millions of dollars every year," Escambia County Commissioner David Stokes said in a statement at a public meeting.

The tribe has acquired property through the land-into-trust process. The through the Bureau of Indian Affairs approved the applications prior to the Supreme Court decision but the county commission voted to ask the Obama administration to clarify the status of the land.

"I am sad to say that today's actions by the Escambia County Commission are both misguided and short-sighted," Chairman Buford Rolin said in a statement. "The County Commission's actions will potentially put thousands of local families who are employed by the Tribe and its businesses in financial jeopardy."

Get the Story:
Escambia County wants tribe taxed (WALA-TV 4/16)
PCI subject to tax? (The Atmore Advance 4/16)
County wants casino to pay up (WSFA-TV 4/13)

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Richard Pombo sees 'no chance' to pass land-into-trust fix (03/15)

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