§ 8. Intrusion on tribal lands. Except as otherwise provided by law,\nno person shall settle or reside, conduct a business, operate a\njunkyard, or establish or contribute to an automobile graveyard or dump\nof any kind, upon any lands owned or occupied by any nation, tribe or\nband of Indians, except the members of such nation, tribe or band.\nWithout the permission of the council or other similar authority of any\nIndian 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. The county judge of the county in which\nsuch lands are situated, upon complaint made to him, of a violation of\nthis section shall, if he thinks there is reasonable ground therefor,\nissue a notice directed to the person against whom complaint is made,\nrequiring him 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 he shall determine that such person is\nan intruder, he shall issue a warrant to the sheriff of the county\ncommanding him, within ten days after the receipt thereof, to remove\nsuch person from such lands. If such judge shall determine that such\nperson has been removed from such lands on a previous occasion, he shall\nissue his warrant commanding the sheriff, within ten days from the\nreceipt thereof, to remove such person and commit him to the county jail\nfor the space of thirty days, without being entitled to the limits or\nthe liberties of such jail; and such judge shall cause such conviction\nto be drawn up and filed in the office of the county clerk, which\nconviction shall be final. In the execution of either of such warrants\nthe sheriff shall have the same powers as in the execution of criminal\nprocess, and shall be paid by the state such compensation as the\ncomptroller shall certify as reasonable. The district attorney of any\ncounty in which reservation lands are situated, upon the written\napplication of a majority of the chiefs, councilors or head man of the\nnation, tribe or band owning and occupying such lands, shall make\ncomplaint of any intrusions on such lands, and cause the intruders to be\nremoved. If a person, conducting a business, operating a junkyard, or\nhaving established or contributed to an automobile graveyard or dump,\nshall have been determined to be an intruder under this section, such\njudge may, in addition to any other penalty prescribed by this section,\norder the removal of such business, junkyard, automobile graveyard or\ndump within a reasonable time.\n
N.Y. IND Law § 8
Intrusion on tribal lands
Showing this section's text as in effect on January 1, 2015 (in force January 1, 2015 – January 1, 2026). View current text →
Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.