Welcome to the National Tribal Justice Resource Center's Tribal Codes and Constitutions
Return to the Main Tribal Codes and Constitutions Page
[Published by:] Municipal Code Corporation, P.O. Box 2235, Tallahassee,
FL 32316-2235, http://www.municode.com/
Current through October 2005, Supplement No. 5
__________
*Cross references: Real property, ch. 47; roads and highways, ch. 136A.
__________
Sec. 40-1. Condemnation of land for public purpose.
The Tribe shall have the power to condemn land within the Cherokee Indian
Reservation whenever such land is deemed by the Tribal Council to be necessary
for a public purpose. The exercise of eminent domain shall be initiated by
the Tribal Council passing a resolution identifying the land to be taken for
a public purpose, the possessory holder and leasehold tenants and the purpose
for which the land will be used.
Sec. 40-2. Compensation of land holder.
The possessory holder or leasehold tenant shall be compensated for such condemnation
by payment of the value of the improvements or betterments placed on the land.
Sec. 40-3. Determination of land value.
If the possessory holder or leasehold tenant does not agree with the Tribe
on the value of the improvements or betterments, the Tribe shall file suit
in the Cherokee Court and deposit with the Clerk a sum equal to the Tribe's
appraised value of the improvements or betterments. The actual value shall
be determined by a jury of six Tribal members.
Sec. 40-4. Construction while suit is pending.
The Tribe may proceed with construction of the public purpose while the suit
is pending but not without having first obtained the agreement of the possessory
holder or leasehold tenant or having filed suit and deposited an amount equal
to the appraised value of improvements or betterments.
(Charter, § 24; Ord. No. 19, 11-7-1991