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December 6, 2006
Appeals court to consider Narragansett land issue
The 1st U.S. Circuit Court of Appeals has agreed to take up a case involving who controls 31 acres of Narragansett Indian land in Charlestown.
The federal government had agreed to take the land into trust on behalf of the tribe, which would remove the land from state jurisdiction. Some local and state officials fear that could open the door for the tribe to build a casino on the land.
A three-judge panel of the 1st Circuit Court ruled in September 2005 that the federal government could take the land into trust. The state of Rhode Island has now appealed that ruling by the three-judge panel, asking the full court of appeals to consider the matter.
-- with reports from Journal staff writer Katie Mulvaney
Back when the three judges issued their ruling, Chief Sachem Matthew Thomas hailed that decision as a “great day for the Narragansett Indian Tribe,” and Charlestown officials and the governor’s office blasted the ruling. Carcieri spokesman Jeff Neal said if the ruling stands it would give “low-level federal bureaucrats in Washington” the power to decide “what parts of the Ocean State should and shouldn’t be under control of Rhode Island citizens.”
The full circuit court has set a hearing date of Jan. 9.
The 31 acres are across King’s Factory Road from about 1,800 acres that were part of the 1978 settlement in which the tribe agreed that state and local laws would apply on those tribal lands.
Posted by Kate Bramson
at 11:12 AM | Permalink
Joe Nadeau | December 6, 2006 11:59 AM link
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If the court decides to place the land in trust for the tribe then a dangerous precedent would be set. The land is within the "Special Area Management Plan" designated by the CRMC as an area vital and crucial to the health of the Salt Ponds. Removing it from state and local jurisdiction would endanger the ponds. Further, what would stop the tribe and "partners" from buying more land anywhere in the area for a casino? The voters of RI soundly defeated the casino (again!) and the subject should be put to rest.