Modrall Sperling Law Firm

Potential Hurdle to Right-of-Way Acquisition and Renewals: The Tenth Circuit Holds Tribal Acquisition of an Undivided Interest in an Allotment Defeats Congressional Eminent Domain Authority

On May 26, 2017, the Tenth Circuit issued its decision in Public Service Company of New Mexico v. Barboan,1 upholding a New Mexico federal district court’s ruling2 that tribal ownership of even a very small fractional interest in an allotment bars condemnation…

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New Amendments to Federal Removal and Venue Statutes Should Reduce Gamesmanship

On December 7, President Obama signed into law amendments to the federal removal and venue statutes. The amendments will go into effect on January 6, 2012. Among other things, the amendments are intended to make it more difficult for plaintiffs to play…