District Court for the District of Columbia and has included hundreds of motions, dozens of rulings and appeals, and several trials over the past 13 years. The settlement funds will be administered by the trust department of a bank approved by the district court and distributed to individual Indians by a claims administrator in accordance with court orders and the settlement agreement.
Since , the U. The land consolidation fund addresses a legacy of the General Allotment Act of the "Dawes Act" , which divided tribal lands into parcels between 40 and acres in size, allotted them to individual Indians and sold off all remaining unallotted Indian lands. As the original holders died, their intestate heirs received an equal, undivided interest in the lands as tenants in common. In successive generations, smaller undivided interests descended to the next generation. Today, it is common to have hundreds -- even thousands -- of Indian owners for one parcel of land.
Such highly fractionated ownership makes it extremely difficult to use the land productively or to provide beneficial use for any individual. For purposes of this section, owners and lessees eligible for payment of compensation from the fund shall not include government agencies, political subdivisions, financial institutions, and any other entity that purchases, guarantees, or insures a loan secured by real estate.
The commissioner shall within days after receipt of the complete verified application:. Upon receipt of an order issued under clause 2 , the owner or the lessee shall have 30 days to serve upon the commissioner a written request for a hearing. If the owner or the lessee does not serve upon the commissioner a timely written request for hearing, the order issued under clause 2 shall become a final order of the commissioner that may not be reviewed by any court or agency.
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The commissioner shall order compensation from the fund only if the owner or the lessee has filed a verified application that complies with subdivision 6 and if the commissioner determines based on review of the application that compensation should be paid from the fund. The commissioner shall not be bound by any prior settlement, compromise, or stipulation between the owner or the lessee and the licensee.
Warren G. Harding
If an owner or a lessee timely serves a request for hearing under subdivision 7, the commissioner shall request that an administrative law judge be assigned and that a hearing be conducted under the contested case provisions of chapter 14 within 45 days after the commissioner received the request for hearing, unless the parties agree to a later date.
The commissioner must notify the owner or lessee of the time and place of the hearing at least 15 days before the hearing. Upon petition of the commissioner, the administrative law judge shall continue the hearing up to 60 days and upon a showing of good cause may continue the hearing for such additional period as the administrative law judge deems appropriate. At the hearing the owner or the lessee shall have the burden of proving by substantial evidence under subdivision 6, clauses 1 to 8.
Whenever an applicant's judgment is by default, stipulation, or consent, or whenever the action against the licensee was defended by a trustee in bankruptcy, the applicant shall have the burden of proving the cause of action for fraudulent, deceptive, or dishonest practices, conversion of funds, or failure of performance. Otherwise, the judgment shall create a rebuttable presumption of the fraudulent, deceptive, or dishonest practices, conversion of funds, or failure of performance. This presumption affects the burden of producing evidence.
The administrative law judge shall issue findings of fact, conclusions of law, and order.
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If the administrative law judge finds that compensation should be paid to the owner or the lessee, the administrative law judge shall order the commissioner to make payment from the fund of the amount it finds to be payable pursuant to the provisions of and in accordance with the limitations contained in this section. The order of the administrative law judge shall constitute the final decision of the agency in the contested case. The commissioner or the owner or lessee may seek judicial review of the administrative law judge's findings of fact, conclusions of law, and order in accordance with sections The commissioner shall pay compensation from the fund to an owner or a lessee pursuant to the terms of an agreement that has been entered into under subdivision 7, clause 1 , or pursuant to a final order that has been issued under subdivision 7, clause 2 , or subdivision 8 by December 1 of the fiscal year following the fiscal year during which the agreement was entered into or during which the order became final, subject to the limitations of this section.
At the end of each fiscal year the commissioner shall calculate the amount of compensation to be paid from the fund pursuant to agreements that have been entered into under subdivision 7, clause 1 , and final orders that have been issued under subdivision 7, clause 2 , or subdivision 8. If the calculated amount exceeds the amount available for payment, then the commissioner shall allocate the amount available among the owners and the lessees in the ratio that the amount agreed to or ordered to be paid to each owner or lessee bears to the amount calculated.
The commissioner shall mail notice of the allocation to all owners and lessees not less than 45 days following the end of the fiscal year. Any compensation paid by the commissioner in accordance with this subdivision shall be deemed to satisfy and extinguish any right to compensation from the fund based upon the verified application of the owner or lessee. Notwithstanding subdivisions 1 to 9 and 11 to 16, the commissioner shall not pay compensation from the fund to an owner or lessee unless and until the owner or lessee executes an assignment to the commissioner of all rights, title, and interest in the final judgment in the amount of the compensation to be paid under an agreement under subdivision 7, clause 1 , or a final order issued under subdivision 7, clause 2 , or subdivision 8.
If the commissioner pays compensation from the fund to an owner or a lessee pursuant to an agreement under subdivision 7, clause 1 , or a final order issued under subdivision 7, clause 2 , or subdivision 8, then the commissioner shall be subrogated to all of the rights, title, and interest in the owner's or lessee's final judgment in the amount of compensation paid from the fund.
- Keepseagle v. Perdue;Indian Law Bulletins,National Indian Law Library (NILL).
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- Keepseagle v. Perdue;Indian Law Bulletins,National Indian Law Library (NILL).
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Judgments on History and Historians - Online Library of Liberty
Be the first to like this. No Downloads. Views Total views. Actions Shares. Embeds 0 No embeds. No notes for slide. The Judgment Fund was established to pay court judgments and Justice Department compromise settlements of actual or imminent lawsuits against the government.
Enforcement of foreign judgments
The statutory authority for the Fund is 31 U. The report, which discloses the amount of administrative and litigative funds, is sorted alphabetically by the Defendant Agency Name. Chu and Brian T. Many ADOs, armed with free legal representation, fail to engage in mediation to resolve employment complaints at lowest level thereby increasing cost to the taxpayers. The Coalition For Change, Inc.