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AIPRA Hot Points: “DOI Fiddles While Indian Country Burns” Judge Sally Willett, Cherokee, Indian Land Working Group, (

AIPRA Hot Points: “DOI Fiddles While Indian Country Burns” Judge Sally Willett, Cherokee, Indian Land Working Group, (March 2006) Seattle, Washington. AIPRA “HOT POINTS” DEFINITION OF INDIAN 5% FORCED SALE. ARBITRARY DATES FOR DATA. SPOUSAL INTESTATE LIFE ESTATE SHARE.

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AIPRA Hot Points: “DOI Fiddles While Indian Country Burns” Judge Sally Willett, Cherokee, Indian Land Working Group, (

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  1. AIPRA Hot Points: “DOI Fiddles While Indian Country Burns”Judge Sally Willett, Cherokee, Indian Land Working Group, (March 2006) Seattle, Washington Prepared by S.N. Willett Indian Land Working Group 2006

  2. AIPRA “HOT POINTS” • DEFINITION OF INDIAN • 5% FORCED SALE. • ARBITRARY DATES FOR DATA. • SPOUSAL INTESTATE LIFE ESTATE SHARE. • PENALTIES FOR DYING INTESTATE. • ELIMINATION OF PROPERTY RIGHTS WITHOUT ADJUDICATION OF DEATH. • MERGER INTO FEE SIMPLE. • DOI CAPITALIZES ON OWN NEGLIGENCE. • AIPRA BEWILDERING TO INDIAN USERS. • AIPRA IS REFORM BY ELIMINATION. Prepared by S.N. Willett Indian Land Working Group 2006

  3. “HOT POINTS” CONTINUED • PROHIBITION AGAINST TRUST STATUS REMOVAL IS ARBITRARY. • PROHIBITION AGAINST TRUST STATUS REMOVAL IS INVALID. • PROBATE IS HIGH JACKED. • CERTAIN PROVISIONS ARE FORFEITURES. • ACQUISITION PROJECT VALUATIONS ARE “HINCKY”. • LAND IS APPRAISED NOT OWNERS. • UNRESTORED 2% INTEREST WILL IMPAIR AIPRA PROVISIONS. • SERVICE CHARGES OUTRAGEOUS AND BREACH OF FAITH STATISTICAL SAMPLING NOT VALID FOR IIM DATA IN PRESENT CONDITION. Prepared by S.N. Willett Indian Land Working Group 2006

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  8. Judicial Revisionism Starts With Oliphant and Montana Rule Beginning Late 1970s Prepared by S.N. Willett Indian Land Working Group 2006

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  10. Fractionation Illustration Allotment Allottee A A     ———— ———— ———— ———— T ———— ———— ———— ———— — Prepared by S.N. Willett Indian Land Working Group 2006

  11. Decendancy & Ascendency Chart 8 10 9 11 10 12 13 11 12 14 Great – Great – Great Grandparent 5 Great – Great Great Aunt Great – Great Great Uncle 6 6 1st Cousin 3 Times Removed 1st Cousin 3 Times Removed 7 7 2nd Cousin Twice Removed 2nd Cousin Twice Removed Great – Great Grandparent 8 3rd Cousin Once Removed 8 3rd Cousin Once Removed 3rd Cousin Once Removed Great - Great Uncle 4 Great - Great Aunt 9 9 5 5 4th Cousins 1st Cousin Twice Removed 4th Cousins 1st Cousin Twice Removed 10 6 2nd Cousin Once Removed 6 Great Grandparent 2nd Cousin Once Removed 7 7 3 Great Uncle 4th Cousins Once Removed 4th Cousins Once Removed 2nd Cousin 3rd Cousins Great Aunt 4 8 1st Cousin Once Removed 4 1st Cousin Once Removed 11 5 5 2nd Cousin Grandparent 3rd Cousin Once Removed 2nd Cousin 3rd Cousin Once Removed 4th Cousins Twice Removed 4th Cousins Twice Removed 6 2 6 Uncle 9 Aunt 12 3 3 1st Cousin 1st Cousin 2nd Cousin Once Removed 2nd Cousin Once Removed Parent 3rd Cousin Twice Removed 3rd Cousin Twice Removed 4 4 4th Cousins 3 Times Removed 7 4th Cousins 3 Times Removed 1 7 Brother 10 Sister 13 1st Cousin Once Removed 2 1st Cousin Once Removed 2 2nd Cousin Twice Removed Decedent 2nd Cousin Twice Removed 5 3rd Cousin 3 Times Removed 3rd Cousin 3 Times Removed 5 4th Cousins 4 Times Removed 4th Cousins 4 Times Removed Nephew 8 Niece 8 11 3 1st Cousin Twice Removed 1st Cousin Twice Removed 14 3 Child 2nd Cousin 3 Times Removed 1 2nd Cousin 3 Times Removed 6 3rd Cousin 4 Times Removed 3rd Cousin 4 Times Removed 6 Great Nephew 9 Great Niece 9 12 Grandchild 4 1st Cousin 3 Times Removed 1st Cousin 3 Times Removed 4 2nd Cousin 4 Times Removed 2 2nd Cousin 4 Times Removed 7 7 Great Great Nephew Great Great Niece 10 10 Great Grandchild 5 1st Cousin 4 Times Removed 5 2nd Cousin 4 Times Removed 3 8 8 Great - Great Great Nephew Great - Great Great Niece Great - Great Grandchild 6 6 Prepared by S.N. Willett Indian Land Working Group 2006 4

  12. ILCA Core 1983-1984 Land Consolidation Plans § 2203 FMV (Fair Market Value) Acquisition § 2204 Tribal Codes § 2205 Probate “2% Rule” § 2206 BOOM 1987 BOOM Again! Prepared by S.N. Willett Indian Land Working Group 2006

  13. Land Consolidation Plans § 2203 Fair Market Value (& < FMV) Acquisition § 2204 Tribal Codes § 2205 Probate “2% Rule” § 2206 Request Trust Status §2216 ILCA 2000 Transaction Consent §2218 Establish Value §2214 Pilot Acquisition Project §2212- §2215 Joint Tenancy § 2206 Limits on Codes Limits Who is Indian §2201 Limits Inheritance §2206 Probate Consolidation §2206 Land Owner Information §2216 Estate Planning Assistance§2206 Acquisitions of Non-Indian Interests § 2205 Prepared by S.N. Willett Indian Land Working Group 2006

  14. 700K = Approximately 1/3 of the population no longer considered to be Indian. Includes our future… children and grandchildren Population 1.9 M Population 1.2 M Year 1990 2000 Re-defining Indian Prepared by S.N. Willett Indian Land Working Group 2006

  15. Decendancy & Ascendency Chart 8 10 9 11 10 12 13 11 12 14 Great – Great – Great Grandparent 5 Great – Great Great Aunt Great – Great Great Uncle 6 6 1st Cousin 3 Times Removed 1st Cousin 3 Times Removed 7 7 2nd Cousin Twice Removed 2nd Cousin Twice Removed Great – Great Grandparent 8 3rd Cousin Once Removed 8 3rd Cousin Once Removed 3rd Cousin Once Removed Great - Great Uncle 4 Great - Great Aunt 9 9 5 5 4th Cousins 1st Cousin Twice Removed 4th Cousins 1st Cousin Twice Removed 10 6 2nd Cousin Once Removed 6 Great Grandparent 2nd Cousin Once Removed 7 7 3 Great Uncle 4th Cousins Once Removed 4th Cousins Once Removed 2nd Cousin 3rd Cousins Great Aunt 4 8 1st Cousin Once Removed 4 1st Cousin Once Removed 11 5 5 2nd Cousin Grandparent 3rd Cousin Once Removed 2nd Cousin 3rd Cousin Once Removed 4th Cousins Twice Removed 4th Cousins Twice Removed 6 2 6 Uncle 9 Aunt 12 3 3 1st Cousin 1st Cousin 2nd Cousin Once Removed 2nd Cousin Once Removed Parent 3rd Cousin Twice Removed 3rd Cousin Twice Removed 4 4 4th Cousins 3 Times Removed 7 4th Cousins 3 Times Removed 1 7 Brother 10 Sister 13 1st Cousin Once Removed 2 1st Cousin Once Removed 2 2nd Cousin Twice Removed Decedent 2nd Cousin Twice Removed 5 3rd Cousin 3 Times Removed 3rd Cousin 3 Times Removed 5 4th Cousins 4 Times Removed 4th Cousins 4 Times Removed Nephew 8 Niece 8 11 3 1st Cousin Twice Removed 1st Cousin Twice Removed 14 3 Child 2nd Cousin 3 Times Removed 1 2nd Cousin 3 Times Removed 6 3rd Cousin 4 Times Removed 3rd Cousin 4 Times Removed 6 Great Nephew 9 Great Niece 9 12 Grandchild 4 1st Cousin 3 Times Removed 1st Cousin 3 Times Removed 4 2nd Cousin 4 Times Removed 2 2nd Cousin 4 Times Removed 7 7 Great Great Nephew Great Great Niece 10 10 Great Grandchild 5 1st Cousin 4 Times Removed 5 2nd Cousin 4 Times Removed 3 8 8 Great - Great Great Nephew Great - Great Great Niece Great - Great Grandchild 6 6 Prepared by S.N. Willett Indian Land Working Group 2006 4

  16. Decendancy & Ascendency Chart 8 10 11 9 10 12 13 11 12 14 Great – Great – Great Grandparent 5 Great – Great Great Aunt Great – Great Great Uncle 6 6 1st Cousin 3 Times Removed 1st Cousin 3 Times Removed 7 7 2nd Cousin Twice Removed 2nd Cousin Twice Removed Great – Great Grandparent 8 3rd Cousin Once Removed 8 3rd Cousin Once Removed 3rd Cousin Once Removed Great - Great Uncle 4 Great - Great Aunt 9 9 5 5 4th Cousins 1st Cousin Twice Removed 4th Cousins 1st Cousin Twice Removed 10 6 2nd Cousin Once Removed 6 Great Grandparent 2nd Cousin Once Removed 7 7 3 Great Uncle 4th Cousins Once Removed 4th Cousins Once Removed 2nd Cousin 3rd Cousins Great Aunt 4 8 1st Cousin Once Removed 4 1st Cousin Once Removed 11 5 5 2nd Cousin Grandparent 3rd Cousin Once Removed 2nd Cousin 3rd Cousin Once Removed 4th Cousins Twice Removed 4th Cousins Twice Removed 6 2 6 Uncle 9 Aunt 12 3 3 1st Cousin 1st Cousin 2nd Cousin Once Removed 2nd Cousin Once Removed Parent 3rd Cousin Twice Removed 3rd Cousin Twice Removed 4 4 4th Cousins 3 Times Removed 7 4th Cousins 3 Times Removed 1 7 Brother 10 Sister 13 1st Cousin Once Removed 2 1st Cousin Once Removed 2 2nd Cousin Twice Removed Decedent 2nd Cousin Twice Removed 5 3rd Cousin 3 Times Removed 3rd Cousin 3 Times Removed 5 4th Cousins 4 Times Removed 4th Cousins 4 Times Removed Nephew 8 Niece 8 11 3 1st Cousin Twice Removed 1st Cousin Twice Removed 14 3 Child 2nd Cousin 3 Times Removed 1 2nd Cousin 3 Times Removed 6 3rd Cousin 4 Times Removed 3rd Cousin 4 Times Removed 6 Great Nephew 9 Great Niece 9 12 Grandchild 4 1st Cousin 3 Times Removed 1st Cousin 3 Times Removed 4 2nd Cousin 4 Times Removed 2 2nd Cousin 4 Times Removed 7 7 Great Great Nephew Great Great Niece 10 10 Great Grandchild 5 1st Cousin 4 Times Removed 5 2nd Cousin 4 Times Removed 3 Single Heir Rule 8 8 Great - Great Great Nephew Great - Great Great Niece Great - Great Grandchild 6 6 Prepared by S.N. Willett Indian Land Working Group 2006 4

  17. Prepared by S.N. Willett Indian Land Working Group 2006

  18. S.1721 • Changes “Indian” • Changes Inheritance • Changes Probate Consolidation • Changes Non-Indian Interest Acquisition • Changes Missing Heir Provision • Changes Certification \ Effective Dates Prepared by S.N. Willett Indian Land Working Group 2006

  19. S.1721 • Adds Secretarial Liens • Adds Appropriations • Adds Partition Highly Fractionated Interests • Adds “5%” Single Heir Rule • Adds Will Interpretation Rules • Adds Family Trust Pilot Project • Adds Probate Purchase Option • Adds Owner Managed Interests • Blocks Trust Status Elimination Prepared by S.N. Willett Indian Land Working Group 2006

  20. AIPRA “HOT POINTS” • DEFINITION OF INDIAN • 5% FORCED SALE. • ARBITRARY DATES FOR DATA. • SPOUSAL INTESTATE LIFE ESTATE SHARE. • PENALTIES FOR DYING INTESTATE. • ELIMINATION OF PROPERTY RIGHTS WITHOUT ADJUDICATION OF DEATH. • MERGER INTO FEE SIMPLE. • DOI CAPITALIZES ON OWN NEGLIGENCE. • AIPRA BEWILDERING TO INDIAN USERS. • AIPRA IS REFORM BY ELIMINATION. Prepared by S.N. Willett Indian Land Working Group 2006

  21. “HOT POINTS” CONTINUED • PROHIBITION AGAINST TRUST STATUS REMOVAL IS ARBITRARY. • PROHIBITION AGAINST TRUST STATUS REMOVAL IS INVALID. • PROBATE IS HIGH JACKED. • CERTAIN PROVISIONS ARE FORFEITURES. • ACQUISITION PROJECT VALUATIONS ARE “HINCKY”. • LAND IS APPRAISED NOT OWNERS. • UNRESTORED 2% INTEREST WILL IMPAIR AIPRA PROVISIONS. • SERVICE CHARGES OUTRAGEOUS AND BREACH OF FAITH STATISTICAL SAMPLING NOT VALID FOR IIM DATA IN PRESENT CONDITION. Prepared by S.N. Willett Indian Land Working Group 2006

  22. AIPRA Hot Points: “DOI Fiddles While Indian Country Burns”Judge Sally Willett, Cherokee, Indian Land Working Group, (March 2006) Seattle, Washington Prepared by S.N. Willett Indian Land Working Group 2006

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