Navajo Tribe Case

1737 Words 7 Pages
Introduction

The overview, in this case, extends out of the 1938 amendment regarding tribe royalties. A coal lease involving the Peabody Coal Company and the Navajo Nation (United States v. Navajo Nation). Navajo Nation is a federally recognized Indian tribe within the United States. Better known as the Indian Mineral Leasing Act of 1938 (IMLA) (United States v. Navajo Nation). The Secretary of the Interior approved an amendment to the lease which allows Indian tribes to lease mining rights on their tribal land to private companies. The Navajo tribe in 1964 signed a lease consenting Peabody to mine on the tribe 's land. The contract with the predecessor of Peabody Coal Company stated for every ton of coal mined from
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The Navajo Tribe alleged a breach of trust was filing a claiming for $600 million in damages. The Secretary approval of the amendments agreed there was a breach of trust under IMLA. However, the Courts went on to explain that the government may have disregarded the commitment to the tribe by acting in Peabody 's interest instead of the tribe 's (Perdue, 2009). The Court of Federal Claims, also determined the government did not violate any statutory or regulatory obligation (Perdue, 2009). Due to these findings, no monetary relief was awarded to the tribe. The tribe petitioned this verdict with the Court of Appeals stating that the IMLA holds the government responsible an obligation to see to the welfare of the tribe. Reversing the Court of Federal Claims decision, the Federal Circuit agreed that IMLA "the Secretary,” must act on behalf of and in interest that is beneficial to the Indian tribes (The United States v. Navajo …show more content…
Defining the property also sets any rights and any possible relationships in respect between people. The deed is critical in determining the ownership, identifying the owner and is considered the legal document of ownership (Lai, Lorne, Chau, & Ching, 2016). The deed, however, does not always mean that the property rights are absolute. Selling, buying, and eminent domain of the property is complex, requiring a set of procedures in order of due process (Chiodelli, & Moroni, 2015). Knowledge in the various types of deeds can depend on the principle person or business involved in transferring the property. With that said, awareness to the degree for protection to the party receiving ownership is critical especially if there is a personal relation to the transfer (Lai, et. al.,

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