§ 8 — Intrusion on tribal lands

New York § 8

• Jurisdiction: New York
• Law IND: Indian
• Art. 2: General Provisions

Text

§ 8. Intrusion on tribal lands. 1. Except as otherwise provided by\nlaw, no person shall enter, remain, settle or reside, conduct a\nbusiness, operate a junkyard, or establish or contribute to an\nautomobile graveyard or dump of any kind, upon any lands owned or\noccupied by any nation, tribe or band of Indians, except the citizens or\nmembers of such nation, tribe or band or their authorized guests or\nlessees.\n 2. Without the permission of the council or other similar authority of\nany Indian reservation, no person shall hereafter establish, conduct and\noperate, or contribute to the establishment, conduct and operation of\nany junkyard, automobile graveyard or dump on any land within the limits\nof an Indian reservation. Any lease, contract or agreement in violation\nof this section shall be void.\n 3. The district attorney of any county in which reservation lands are\nsituated, upon the written application of such person or entity\ndesignated by the laws of the nation, tribe or band to make such\napplication on behalf of the nation, tribe or band owning and occupying\nsuch lands, shall make complaint of any intrusions on such lands, and\ncause the intruders to be removed.\n 4. The county judge of the county in which such lands are situated,\nupon complaint made to such judge, of a violation of this section shall,\nif such judge thinks there is reasonable ground therefor, issue a notice\ndirected to the person against whom complaint is made, requiring such\nperson to appear before such judge at a time and place therein\nspecified, to answer the complaint. Such judge shall attend at the time\nand place mentioned in the notice, and upon proof of the personal\nservice of such notice, shall take proof of the facts alleged in the\ncomplaint, and shall determine whether such person is an intruder upon\nthe lands of such reservation. If such judge shall determine that such\nperson is an intruder, such judge shall issue a warrant to the sheriff\nof the county commanding such sheriff, within ten days after the receipt\nthereof, to remove such person from such lands. If such judge shall\ndetermine that such person has been removed from such lands on a\nprevious occasion, such judge shall issue such judge's warrant\ncommanding the sheriff, within ten days from the receipt thereof, to\nremove such person and, notwithstanding any other provisions of law,\ncommit such person to the county jail for the space of ninety days,\nwithout being entitled to the limits or the liberties of such jail; and\nsuch judge shall cause such conviction to be drawn up and filed in the\noffice of the county clerk, which conviction shall be final. In the\nexecution of either of such warrants the sheriff shall have the same\npowers as in the execution of criminal process, and shall be paid by the\nstate such compensation as the comptroller shall certify as reasonable.\n 5. If a person, conducting a business, engaging in drug trafficking,\noperating a junkyard, or having established or contributed to an\nautomobile graveyard or dump, shall have been determined to be an\nintruder under this section, such judge may, in addition to any other\npenalty prescribed by this section, order the confiscation or removal of\nsuch business, drug trafficking materials or equipment, junkyard,\nautomobile graveyard or dump within a reasonable time subject to the\nconsent of the authority of the affected nation, tribe or band.\n 6. A determination or designation by the nation, tribe or band of a\nperson as an intruder upon the lands of such nation, tribe or band shall\nbe dispositive of the matter.\n