United States v. State Of Michigan

106 F.3d 130
CourtCourt of Appeals for the Sixth Circuit
DecidedMarch 31, 1997
Docket95-1574
StatusPublished
Cited by5 cases

This text of 106 F.3d 130 (United States v. State Of Michigan) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. State Of Michigan, 106 F.3d 130 (6th Cir. 1997).

Opinion

106 F.3d 130

UNITED STATES of America, on Behalf of the SAGINAW CHIPPEWA
INDIAN TRIBE, Plaintiff-Appellant,
Saginaw Chippewa Indian Tribe of Michigan, Intervenor-Appellant,
v.
STATE OF MICHIGAN, et al., Defendants-Appellees.

Nos. 95-1574, 95-1575.

United States Court of Appeals,
Sixth Circuit.

Argued and Submitted Oct. 17, 1996.
Decided Jan. 22, 1997.
Rehearing and Suggestion for Rehearing En Banc Denied March
31, 1997.

Lauren N. Soll, Dept. of Justice, Indian Resources Section, Environmental and Natural Resources Div., Washington, DC, for U.S., in Nos. 95-1574, 95-1575.

Tamara N. Rountree (argued and briefed), U.S. Dept. of Justice, Land & Natural Resources Div., Washington, DC, for U.S., in No. 95-1575.

Michael G. Phelan, Pirtle, Morisset, Schlosser & Ayer, Mt. Pleasant, MI, Frank R. Jozwiak (briefed), K. Allison McGaw, Morisset, Schlosser, Ayer & Joziak, Seattle, WA, for Saginaw Chippewa Indian Tribe of Michigan, in No. 95-1574.

Frank R. Jozwiak, Morisset, Schlosser, Ayer & Joziak, Seattle, WA, for Saginaw Chippewa Indian Tribe of Michigan, in No. 95-1575.

James E. Riley, Stephen F. Schuesler, Office of the Attorney General, Natural Resources Div., Russell E. Prins, Office of the Attorney General of Michigan, Steven D. Hughey, Office of the Attorney General, Finance & Development Section, Lansing, MI, for State of Michigan, in Nos. 95-1574, 95-1575.

Larry J. Burdick, Pros. Atty., Mark H. Duthie (argued and briefed), Isabella County Prosecutor's Office, Mt. Pleasant, MI, for County of Isabella, Isabella Tp., in Nos. 95-1574, 95-1575.

Paul H. Chamberlain, Mt. Pleasant, MI, for Tp. of Union, Duane Sherwood, in Nos. 95-1574, 95-1575.

Larry J. Burdick, Pros. Atty., Isabella County Prosecutor's Office, Mt. Pleasant, MI, for Steven Pickens, Denver Tp., Chippewa Tp., in No. 95-1574.

Michael G. Phelan, Pirtle, Morisset, Schlosser & Ayer, Mt. Pleasant, MI, Larry J. Burdick, Pros. Atty., Isabella County Prosecutor's Office, Mt. Pleasant, MI, K. Allison McGaw, Morisset, Schlosser, Ayer & Joziak, Seattle, WA, for Chippewa Tp., in No. 95-1575.

Sue A. Jeffers, Lynch, Gallagher, Lynch, Shirley & Martineau, Mt. Pleasant, MI, for City of Mt. Pleasant, in Nos. 95-1574, 95-1575.

R. John Wernet, Jr., Asst. Atty. Gen. (argued and briefed), Office of the Attorney General, State Affairs Div., Lansing, MI, for John M. Engler, Douglas B. Roberts, Thomas M. Hoatlin, in Nos. 95-1574, 95-1575.

Before: MERRITT, JONES, and COLE, Circuit Judges.

MERRITT, Circuit Judge.

The Department of Justice brought this action on behalf of an Indian Tribe and individual Indian property owners against the State of Michigan and various political subdivisions of Michigan that have assessed ad valorem property taxes on Indian-owned lands. The case raises the question of whether certain parcels of land in Michigan west of Saginaw Bay that are owned by the Saginaw Chippewa Indian Tribe and by members of the Tribe are subject to ad valorem property taxes. The Supreme Court has clearly stated the rule in such cases as follows: " '[A]bsent cession of jurisdiction or other federal statutes permitting it,' ... a State is without power to tax reservation lands and reservation Indians." County of Yakima v. Confederated Tribes and Bands of the Yakima Indian Nation, 502 U.S. 251, 258, 112 S.Ct. 683, 688, 116 L.Ed.2d 687 (1992) (quoting Mescalero Apache Tribe v. Jones, 411 U.S. 145, 148, 93 S.Ct. 1267, 1270, 36 L.Ed.2d 114 (1973)). Congress is not deemed to have authorized state taxation unless it has "made its intention to do so unmistakably clear." Yakima at 258, 112 S.Ct. at 688 (quoting Montana v. Blackfeet Tribe, 471 U.S. 759, 765, 105 S.Ct. 2399, 2403, 85 L.Ed.2d 753 (1985)). Thus we must determine whether Congress has expressed an "unmistakably clear" intention to authorize state taxation of the land at issue. We find that Congress has not shown such an "unmistakably clear" intent. Therefore we REVERSE the district court's grant of summary judgment to Michigan and the county and township defendants. We REMAND the case, however, for resolution of the defendants' claims that the land at issue is not reservation land and that the Saginaw Chippewa Tribe has been dissolved. Those claims have not yet been adjudicated and we express no opinion on them.

* * *

By treaty dated August 2, 1855, the United States agreed to give to the Saginaw, Swan Creek, and Black River Chippewas certain land that was publicly-owned at that time--including the parcels of land at issue in this suit. The United States agreed to "patent" or "allot," i.e. convey, tracts of the land to individual Chippewa Indians. Treaty with the Chippewas, Aug. 2, 1855, art. 1, 11 Stat. 633. In 1864, the same parties signed a new treaty that contained new allotment provisions. Treaty with the Chippewa Indians, Oct. 18, 1864, 14 Stat. 657. The 1864 treaty also altered the lands set aside for the Chippewas. Under the 1855 treaty, the United States had agreed to withdraw from sale all unsold public lands within six townships in Isabella County and six townships adjacent to Saginaw Bay. In the 1864 treaty, the Chippewas conveyed the Saginaw Bay land back to the United States in exchange for the United States' agreement to set apart the unsold lands in the six townships in Isabella County "for the exclusive use, ownership, and occupancy" of the Chippewas. Id.

The United States conveyed each of the parcels of land at issue in this case to individual Chippewa Indian owners under the terms of the 1864 treaty. Each of the parcels then went through a chain of owners that included at least one non-Indian owner. Each parcel, however, was subsequently purchased by either the Saginaw Chippewa Indian Tribe or by a member of the Tribe. After the Tribe and the individual Indian owners had purchased the parcels, the county and township defendants continued to assess ad valorem property taxes on the parcels, as they had during the periods of non-Indian ownership.

The United States and the Tribe seek declaratory and injunctive relief as well as reimbursement of property taxes that the Tribe paid. They claim that the defendants lack jurisdiction to assess ad valorem property taxes on the land at issue because the land is owned by Indians within Indian Country. The district court granted summary judgment for the defendants, finding that when Congress conveyed the land to individual Indian owners in unrestricted fee simple pursuant to the 1864 treaty, Congress intended to give the state the authority to tax the land.

We are faced solely with the legal question of whether Michigan and its political subdivisions have the power to assess ad valorem property taxes on the property at issue. Neither the 1864 treaty nor the 1855 treaty mentions taxation explicitly.

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106 F.3d 130, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-state-of-michigan-ca6-1997.