Title
A RESOLUTION AUTHORIZING A LIMITED CONSENT TO SUIT FOR THE PURCHASE OF PROPERTY FROM THE OKLAHOMA HISTORICAL SOCIETY
Body
WHEREAS, the Cherokee Nation since time immemorial has exercised the sovereign rights of self-government in behalf of the Cherokee people; and
WHEREAS, the Cherokee Nation is a federally recognized Indian Nation with an historic and continual government to government relationship with the United States of America; and
WHEREAS, the Nation is immune from suit under federal, state and tribal law; and
WHEREAS, the Nation has inherent sovereign power by virtue of its constitution and tribal law to
enter into contractual agreements and execute such consents to suit as may be necessary for such agreements; and
WHEREAS, the Nation cannot be sued unless the Council of the Cherokee Nation expressly consents to such suit; and
WHEREAS, Cherokee Nation wishes to purchase the Will Rogers Birthplace historic property in
Oologah, Oklahoma, consisting of approximately 162 acres of real property and specifically
including all improvements thereon, from the Oklahoma Historical Society; and
WHEREAS, the proposed Real Estate Sale Contract contains provisions that would allow the Nation to be sued consistent with the following limitations in scope: the suit can relate only to the Will Rogers birthplace property and the Nation’s obligations under the Contract.
BE IT RESOLVED BY THE CHEROKEE NATION, that the Council of the Cherokee Nation hereby authorizes the Principal Chief and/ or his designee to execute all documents necessary for the Cherokee Nation to purchase such real property from the Oklahoma Historical Society, specifically including a limited consent to suit.