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Expert Analysis

Indian Nations' Fee Lands Protections Are On Shaky Ground

By Neasa Seneca (May 25, 2018, 3:02 PM EDT) -- On May 21, 2018, in Upper Skagit Indian Tribe v. Lundgren, the U.S. Supreme Court vacated the Washington Supreme Court's decision relying on an exception from tribal sovereign immunity based on in rem jurisdiction, and remanded the case to decide if there was an "immovable property" exception, only argued in the first instance to the Supreme Court.[1] Based on the concurring and dissenting opinions and the questions raised at oral argument, it would appear that at least five Supreme Court justices favored creating an exception to tribal sovereign immunity based on immovable property.[2]...

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