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This entry was published on 2014-09-22
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Intrusion on tribal lands
§ 8. Intrusion on tribal lands. Except as otherwise provided by law,
no person shall settle or reside, conduct a business, operate a
junkyard, or establish or contribute to an automobile graveyard or dump
of any kind, upon any lands owned or occupied by any nation, tribe or
band of Indians, except the members of such nation, tribe or band.
Without the permission of the council or other similar authority of any
Indian reservation, no person shall hereafter establish, conduct and
operate, or contribute to the establishment, conduct and operation of
any junkyard, automobile graveyard or dump on any land within the limits
of an Indian reservation. Any lease, contract or agreement in violation
of this section shall be void. The county judge of the county in which
such lands are situated, upon complaint made to him, of a violation of
this section shall, if he thinks there is reasonable ground therefor,
issue a notice directed to the person against whom complaint is made,
requiring him to appear before such judge at a time and place therein
specified, to answer the complaint. Such judge shall attend at the time
and place mentioned in the notice, and upon proof of the personal
service of such notice, shall take proof of the facts alleged in the
complaint, and shall determine whether such person is an intruder upon
the lands of such reservation. If he shall determine that such person is
an intruder, he shall issue a warrant to the sheriff of the county
commanding him, within ten days after the receipt thereof, to remove
such person from such lands. If such judge shall determine that such
person has been removed from such lands on a previous occasion, he shall
issue his warrant commanding the sheriff, within ten days from the
receipt thereof, to remove such person and commit him to the county jail
for the space of thirty days, without being entitled to the limits or
the liberties of such jail; and such judge shall cause such conviction
to be drawn up and filed in the office of the county clerk, which
conviction shall be final. In the execution of either of such warrants
the sheriff shall have the same powers as in the execution of criminal
process, and shall be paid by the state such compensation as the
comptroller shall certify as reasonable. The district attorney of any
county in which reservation lands are situated, upon the written
application of a majority of the chiefs, councilors or head man of the
nation, tribe or band owning and occupying such lands, shall make
complaint of any intrusions on such lands, and cause the intruders to be
removed. If a person, conducting a business, operating a junkyard, or
having established or contributed to an automobile graveyard or dump,
shall have been determined to be an intruder under this section, such
judge may, in addition to any other penalty prescribed by this section,
order the removal of such business, junkyard, automobile graveyard or
dump within a reasonable time.