Skip to main content
Loading…
This section is included in your selections.

(1) An assignment does not vest title to the assigned land in the assignee, but is a use right only, which right cannot be sold or inherited and which terminates upon cancellation, relinquishment of the assignment, or upon the death of the assignee.

(2) Assignments which are granted pursuant to this chapter are granted for the specific purpose of providing a homesite and for other similar personal uses. Assignments may not be put to commercial use without express prior written consent of the business council.

(3) An assignment is not subject to inheritance. However, an assignee may designate a member of his family to receive his assignment in the event of his death. Subject to the approval of the business council the premises shall be assigned to the named beneficiary, provided he or she is eligible to hold an assignment and makes application for the premises. If said beneficiary is not eligible for an assignment pursuant to RRTC 3.10.040(3) or (4) said beneficiary may choose another eligible family member to receive the reassignment under this section.

(4) When the deceased holder of an assignment has willed his assignment to a person who is under age but otherwise eligible to hold an assignment of tribal land under this chapter, the business council shall appoint a guardian to hold the assignment until the beneficiary is eligible to hold the assignment. The guardian shall utilize the assignment in a manner which is in the best interest of the beneficiary. Any member of the tribal council shall have the right to petition the business council to have the guardian of the beneficiary removed as guardian. The business council shall remove the guardian of the beneficiary if the business council after giving notice to the guardian and after a hearing has determined that the guardian has not utilized the assignment to the best interest of the beneficiary. The person appointed by the council shall be responsible for maintaining the assignment and otherwise complying with the provisions of this chapter. In the event the assignment is leased during the beneficiary’s minority, the rentals shall be paid to the guardian to be expended for the minor’s benefit.

(5) In the event of the death of an assignee who has not designated a member of his family, preference in reassignment of the premises shall be given to the surviving spouse or children of the assignee, provided they are otherwise eligible to hold an assignment. A surviving spouse who is ineligible to hold an assignment but who is responsible for the care of otherwise eligible minor children of the deceased assignee, shall be granted temporary occupancy of the assignment until one of the minor children becomes eligible for an assignment. This provision is applicable only in the event of death of the assignee. Absent written consent of the council in the event of domestic separation or dissolution of marriage, the nonassignee spouse shall not be granted temporary occupancy under this provision.

Upon becoming eligible for an assignment pursuant to subsections (2), (3) and (4) of this section, the eligible beneficiary shall within 30 days of receipt from the tribe of written notice of eligibility, or 180 days from the date said beneficiary first becomes eligible, whichever is soonest, make application for said assignment in accordance with the regular procedures as set forth in this section.

(6) An assignment may be exchanged for another assignment or an allotment of equal or greater value with the approval of the business council.

(7) Any assignee may relinquish his assignment at any time by giving written notice to the business council. Upon relinquishment, the premises may be assigned to any eligible member.

(8) All timber and minerals, including sand, gravel, oil, and gas, are reserved to the members of the Robinson Rancheria with the right to explore, lease, or dispose of same in accordance with the Constitution and Bylaws of the Robinson Rancheria and regulations prescribed by the Secretary of the Interior existing laws.

(9) There is also reserved to the members of the Robinson Rancheria the right to grant easements and rights-of-way over an assignment for public purposes in accordance with the Constitution and Bylaws of the Robinson Rancheria, and other applicable laws. The members of the Robinson Rancheria further reserve the right of reasonable ingress and egress over any assignment to other tribal lands. The right to grant rights-of-way and rights of ingress and egress over an assignment is subject to payment to the assignee for any damage to the assignee’s improvements or crops, compensation to be determined by the Secretary of the Interior or his authorized representative.

(10) The assignee agrees to be bound by the terms of any occupancy agreement, 25 Code of Federal Regulations – Indians, or other federal regulations which may be executed, in the case of HUD housing or other similar programs, and in any event shall maintain the premises and all improvements thereon in a neat and sanitary condition and in good repair at all times.

(11) An assignee may not rent or lease his assignment or portion thereof without the prior written consent of the business council, and approval of the Secretary of the Interior or his authorized representative, issued after review of the proposed rental or lease agreement submitted in writing.

(12) An assignment and use thereof is subject to all applicable laws and ordinances including but not limited to tribal land use ordinances, and health and safety ordinances.

(13) The assignee shall pay any type of assessments approved by the business council including but not limited to monthly fees for water, sewer, garbage disposal, and insurance and failure to pay any said assessments within 90 days after written notice by the business council shall be sufficient cause for cancellation of the assignment.

(14) Assignments shall be limited to one-half acre for homesites. [Ord. 4 Art. IV.]