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File #: 17-027    Version: 1 Name: ACT OF INGRESS, EGRESS AND ENCROACHMENT OF TRIBAL LANDS AND PROPERTIES
Type: Legislative Act Status: Passed
File created: 3/8/2017 In control: TRIBAL COUNCIL
On agenda: 3/21/2017 Final action: 4/17/2017
Enactment date: 4/10/2017 Enactment #: LA-12-17
Title: AN ACT RELATING TO INGRESS AND EGRESS AND ENCROACHMENT
Sponsors: Dick Lay
Indexes: Land, Real Estate
Code sections: Title 60 - Property
Attachments: 1. LA-12-17.PDF
Title
AN ACT RELATING TO INGRESS AND EGRESS AND ENCROACHMENT
Body
BE IT ENACTED BY THE CHEROKEE NATION:

Section 1. Title and Codification

This act shall be known as the Act of Ingress, Egress and Encroachment of Tribal Lands and Property and codified as _____________ (Title) ___________ (Section) ______________ of the Cherokee Nation Code Annotated.

Section 2. Purpose

This legislation is to have rules and procedures to address Ingress, Egress and Encroachment of lands and property of the Cherokee Nation.

Section 3. Legislative History

There is no legislation history

Section 4. Definitions

Properties and Assets of the Cherokee Nation: Any and all lands owned or leased by Cherokee Nation or any of its business entities, trust, restricted, or fee simple.

Ingress is the right to enter property

Egress is the right to exit property

Encroachment: entry to another’s property without right or permission-breach, entrance by stealth, entrance upon the domain of another, illegal intrusion, imposition, intrusion, infiltration, infraction, inroad, interference, interloping, invasion, irruption, obtrusion, overlap, overstepping, penetration, prying, raid, real estate trespass, transgression, trespass, unlawful invasion, violation, wrongful entry, wrongdoing, wrongful conduct, wrongful ingress

Section 5.

A. This Act provides the Principal Chief will direct appropriate offices and staff within the executive branch to not allow any individual, company, or any other entity to restrict ingress/egress access to any Cherokee Nation property, to not allow any encroachment on any Cherokee properties whatsoever, and if any entity has restricted ingress/egress or encroached on Cherokee Nation property to begin negotiations or legal proceedings to resolve ingress/egress problems, or remove encroachments on Cherokee Nation property.

B. Any requests for Easements and Rights of Way/Ingress and/or Egress must be submitted to the Cherokee Nation’ Real Estate Services a...

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