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Article Title

In re Marriage of Baker

Abstract

An individual was allowed to lease tribal land because of her tribal membership. The district court erroneously considered that tribal land an asset in the marriage dissolution proceeding, and the individual appealed. The Montana Supreme Court held that tribal land must be excluded from consideration in such cases because the Tribe owns the land, not the individual. Additionally, a state court does not have authority to allocate tribal property because Indian trust property can only be conveyed with the consent of the Secretary of the Interior.

Recommended Citation

2010 MT 124, 356 Mont. 363, 234 P.3d 70

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