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August 20, 2008, 12:55 pm
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Land trust decision published today, clock now ticking on possible appeal

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The Bureau of Indian Affairs decision placing more local tribal land into federal trust has finally been published in the U.S. Federal Register, triggering a 30-day appeal window.

Notice of the decision— which removes 752 acres of land in Scott County from property tax rolls and local land use control — was made in June 2007.

Both the county and the city of Shakopee opposed the decision. Now that the ruling has been published, they will have until Oct. 29 to appeal.

The BIA decision impacts 646 acres in Shakopee and 106 acres in Prior Lake. The city of Prior Lake, which previously opposed the tribe’s application for trust status, changed its stance in Dec. 2005.

The tribe already holds the fee title to the land. It intends to use the property for mostly residential purposes.

Scott County is still evaluating its options and hasn’t decided yet whether to appeal, officials said.

The Shakopee City Council will probably hold a special meeting with its attorneys to review the decision and discuss options, said city administrator Mark McNeill. A meeting date hasn’t been set yet.

Because an appeal would require litigation, Shakopee Mayor John Schmitt said the City Council will meet privately with attorneys to discuss the matter.

Next Tuesday, the county board will likely set a date to meet privately with its lawyers from Washington, D.C., said Scott County Public Affairs Director Lisa Kohner.

Appeals must be made in federal court, but Kohner didn’t know where in the federal court system the case would be handled.
-Shannon Fiecke


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