01-01-86

                              CHAPTER 40

                            EMINENT DOMAIN

Section 40-1.  The Tribe shall have the power to condemn land within
the Cherokee Indian Reservation whenever such land is deemed by the
Tribal Council to be necessary for a public purpose.  The exercise of
eminent domain shall be initiated by the Tribal Council passing a
resolution identifying the land to be taken for a public purpose, the
possessory holder and leasehold tenants and the purpose for which the
land will be used.

Section 40-2 The possessory holder or leasehold tenant shall be
compensated for such condemnation by payment of the value of the
improvements or betterments placed on the land.

Section 40-3.  If the possessory holder or leasehold tenant does not
agree with the Tribe on the value of the improvements or betterments,
the Tribe shall file suit in the Cherokee Court and deposit with the
Clerk a sum equal to the Tribe's appraised value of the improvements
or betterments.  The actual value shall be determined by a jury of six
tribal members.

Section 40-4.  The Tribe may proceed with construction of the public
purpose while the suit is pending but not without having first
obtained the agreement of the possessory holder or leasehold tenant or
having filed suit and deposited an amount equal to the appraised value
of improvements or betterments.

SOURCE:  Sec. 24, Charter and Governing Document of the Eastern Band
         of Cherokee Indians (1986)


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