Resolution No. 2024-37 — Adoption of the Lac Courte Oreilles Tribal Eminent Domain Code
WHEREAS, the Lac Courte Oreilles Band of Lake Superior Chippewa Indians is a federally recognized Indian tribe ("Tribe") organized pursuant to the provisions of the Indian Reorganization Act of 1934, 25 U.S.C. §5101, et seq.; and,
WHEREAS, the Tribal Governing Board serves as the governing body of Lac Courte Oreilles Band of Lake Superior Chippewa Indians pursuant to Article III, § 1 of the Amended Constitution and Bylaws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians; and
WHEREAS, pursuant to Article V, Section 1(l) the Tribal Governing Board is empowered to "organize, charter and regulate any association or group, including a housing authority, for the purpose of providing social or economic benefits to the members of the Band or residents of the reservation;" and
WHEREAS, the Tribal Governing Board is further empowered to "to regulate by enactment of ordinances, the conduct of business within the territory of the Band, including the power to impose taxes or license fees upon members and non-members doing business within the reservation" pursuant to Article V, §1(n); and
WHEREAS, the Tribal Governing Board is empowered "to delegate to subordinate boards, officers, committees, or cooperative associations which are open to all members of the Band any of the foregoing powers, reserving the right to review any action taken by virtue of such delegated powers" pursuant to Article V, §1(m); and
WHEREAS, the Tribal Governing Board seeks to establish ordinances and procedures that codify the authority of the Tribe to condemn property for public purposes; and
WHEREAS, public purposes shall be defined as "for the purpose of providing facilities or services for the benefit of the public connection with, but not limited to, public health, safety or welfare;" and
WHEREAS, adoption of an Eminent Domain ordinance shall ensure that private property owners receive fair market compensation for condemned property.
NOW THEREFORE BE IT RESOLVED, that the Tribal Governing Board hereby adopts the Tribal Eminent Domain Code in the furtherance of the Tribe's inherent sovereign authority to regulate activities and property on the Reservation to promote and protect the wellbeing of its membership.
CERTIFICATION
I, the undersigned, as Secretary/Treasurer of the Lac Courte Oreilles Tribal Governing Board, hereby certify that the Tribal Governing Board is composed of seven (7) members, of whom 5 being present, constituted a quorum at a meeting thereof, duly called, convened, and held on this 18th day of March, 2024, that the foregoing Resolution was duly adopted at said meeting by an affirmative vote of 4 members, 0 against, 0 abstaining, and that said Resolution is a lawful act of the Tribe.
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William Trepanier, Secretary/Treasurer
Lac Courte Oreilles Tribal Governing Board