Barricade on Lac du Flambeau reservation (Photo: Dave Miess)
CONLEY COMMENTARY (WSAU) – Homeowners who can no longer get to their properties on the Lac du Flambeau reservation have filed a federal lawsuit. They’re asking a judge to order that barricaded tribal roads be reopened.
This is a high-risk, high-reward strategy for everyone involved.
Consider how it might play out:
The judge could conclude that he doesn’t have jurisdiction over tribal lands. And if so, the barricades could stay up indefinitely. The Bureau of Indian Affairs, the federal agency that’s supposed to resolve issues like this, moves at a glacial pace.
The judge could order that the barricades come down. Which leads to more questions.
Suppose the tribe refuses. The local sheriff might conclude that he can’t enforce a court order on a reservation. What if the court uses federal marshals or the national guard? That could lead to a stand-off. Could that lead to violence?
What if the barricades are taken down? The tribe loses all leverage to negotiate fair easements. And I believe the tribe is entitled to reasonable compensation for the use of its roads. The $20-million they’re asking for is too high. The $60,000 offered to them by the town and the title companies is too low.
I feel sorry for the homeowners, who are being used as pawns. A house is the most expensive thing most of us will ever buy. And they have lost access to their property.
I suggest binding arbitration. All sides find someone who is impartial and knows the law. Let them review the case and make a decision that everyone agrees to follow.
The ice is melting. Walking across a frozen lake to get to private property won’t work soon.
Chris Conley
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