NM Utility Can't Seize Navajo Land, 10th Circ. Says

By Keith Goldberg (May 26, 2017, 6:06 PM EDT) -- The Tenth Circuit on Friday backed a lower court ruling that a New Mexico utility can't secure a path for a transmission line through property that is partly owned by the Navajo Nation, saying there's no language in federal law on rights of way that allows tribal lands to be condemned.

The appeals court panel said a New Mexico federal judge correctly concluded that when part of a parcel of land allotted to an individual is transferred to the U.S. in trust for a tribe, that land becomes tribal land that isn't subject to condemnation under a 1901 right-of-way statute. It rejected...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!