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Enron Mail |
LAWYER--CLIENT CONFIDENTIAL
People: I have recently seen a new Navajo Nation document concerning a ROW which reflects a "standard term and condition" I had not seen before. Since I am not sure whether you all have seen it, I am providing it in this e-mail: "There is expressly reserved to the Navajo Nation full territorial legislative, executive and judicial jurisdiction over the right-of-way and all lands burdened by the right-of-way, including without limitation over all persons, including the public, and all activities conducted or otherwise occurring within the right-of-way; and the right-of-way and all lands burdened by the right-of-way shall be and forever remain Navajo Indian Country for purposes of Navajo Nation jurisdiction." As you appreciate, this appears to be Steve Bloxham, Esq. (Navajo Nation Department of Justice)'s latest response to federal court decisions on Indian jurisdiction. Perhaps it would save time for Steve if we simply had a provision in the ROW which said, "In the event of any conflict between opinions of federal courts and of Steve Bloxham, Esq., the opinion of Steve Bloxham, Esq. shall govern this ROW. All ambiguities shall be resolved in favor of the Bloxham interpretation." Lawrence A. Ruzow
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