Public-domain · open source
OpenJurist

N.Y. Indian Law § 8

Intrusion on tribal lands

Redline — January 1, 2015 → current.View current text →
Current — June 29, 2026
As of January 1, 2015
§ 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
§ 8. Intrusion on tribal lands. 1. a. 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 b. For purposes of this subdivision, a person shall not be deemed to\nhave entered the lands owned or occupied by any nation, tribe, or band\nof Indians if such person is temporarily and continuously passing\nthrough such lands on highways, roads, trails, or other thoroughfares.\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 affected nation, tribe or band.\n 6. Except as set forth in paragraph b of subdivision one of this\nsection, a determination or designation by the nation, tribe or band of\na person as an intruder upon the lands of such nation, tribe or band\nshall be dispositive of the matter.\n

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.