Non-Indians Trying To Keep Property Hit Legal Snag

Attempts by non-Indians to retain ownership of property at Kamiah now claimed by Nez Perce tribal heirs may have hit a legal snag.

The attorney for the non-Indians, according to federal government documents, apparently forgot to sign a notice of appeal and therefore may have missed a legal deadline.

But their attorney, Lisa Jaeger, said she doubts the case would turn on an honest error.

A litigation attorney for the Defenders of Property Rights law firm in Washington, D.C., Jaeger said the appeal was filed in good faith.

The lawyer for the Indian heirs, however, said he may attempt to hold Jaeger to the letter of the law.

Robert McCarthy of Idaho Legal Aid Services, said an appeal would lack grounds and represents little more than another attempt to delay return of property to his clients.

The sparring revolves around land on the Nez Perce Indian Reservation at Kamiah. It has been sold several times over nearly a century.

But a recent government survey indicates a property boundary error, meaning the people who thought they owned the land could be living on ground still owned by tribal heirs.

Jaeger’s notice of appeal was aimed at challenging U.S. Bureau of Indian Affairs trespass notices issued against the non-Indians on Dec. 12.

They gave the non-Indians 120 days to vacate the property.

“The (Indian Appeals) Board’s regulations require that a notice of appeal be signed by the appellant or his/her attorney,” wrote Anita Vogt, an administrative judge for the U.S. Department of Interior, which oversees the Bureau of Indian Affairs.

“Appellants’ attorney did not sign the notice of appeal.”

Vogt ordered Jaeger to immediately submit a copy of the notice of appeal with an original signature.

But correcting the matter, said McCarthy, would extend the process well beyond the 30-day deadline spelled out in the rules and procedures of the Indian appeal board.

Jaeger said the case is much too important to swing on a legal technicality.

“We’re hoping the Secretary (of the Interior) sees the light here,” said Jaeger.

She has said the outcome of the case could have a far-reaching impact on property disputes on the Nez Perce and other Indian reservations.

McCarthy contends the case is a simple question of property ownership settled years ago when federal officials ruled the Indian heirs to be legal owners.

Jaeger, according to federal documents, now represents seven non-Indians.

At least four have already left the property, pending resolution of the case.