Phone: (920)869-2214

Oneida Nation

Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution # 04-22-26-B

Amendments to the Real Property Law

WHEREAS,

the Oneida Nation is a federally recognized Indian government and a treaty tribe

recognized by the laws of the United States of America; and

WHEREAS,

the Oneida General Tribal Council is the governing body of the Oneida Nation; and

WHEREAS,

the Oneida Business Committee has been delegated the authority of Article IV, Section 1,

of the Oneida Tribal Constitution by the Oneida General Tribal Council; and

WHEREAS,

the Real Property Law (“the Law”) was adopted by the Oneida Business Committee

through resolution BC-5-29-96-A, and amended by resolutions BC-3-01-06-D, BC-04-2810-E, BC-02-25-15-C, BC-05-13-15-B and BC-02-08-17-A and BC-05-09-18-A; and

WHEREAS,

the purpose of this Law is to provide regulations and procedures for the transfer, control

and management of all Tribal land; and to integrate these regulations and procedures with

the real property laws and practices of other federal and state sovereigns which may hold

concurrent jurisdiction; and

WHEREAS,

the amendments to the Law uphold the Nation’s prohibition on the sale of Tribal land, while

establishing one new, narrowly tailored exemption for certain off-Reservation transactions

provided the transaction is approved by formal resolution of the Oneida Business

Committee; and

WHEREAS,

the amendments to the Law clarify that the Nation’s exercise of eminent domain is limited

to a right of last resort; and

WHEREAS,

the amendments to the Law provide that any party contesting the Nation’s authority to

exercise eminent domain, or disputing the adequacy of consideration offered, may

challenge the acquisition by filing a civil complaint with Oneida Nation Trial Court; and

WHEREAS,

the amendments to the Law reinstate trespass provisions previously contained in the Public

Use of Tribal Land law and add enforcement provisions similar to those contained in the

Public Use of Tribal Land law; and

WHEREAS,

the amendments to the Law remove rulemaking authority over applicant selection for the

issuance of rental agreements from both the Land Commission and the Comprehensive

Housing Division; and

WHEREAS,

the amendments to the Law authorize officers of the Oneida Police Department or

designated wardens to take any action necessary to prevent, mitigate, or remove

violation of this Law, require proof of eligibility to access Tribal land, issue citations, and

enforce any order not complied with at the expense of the owner; and

BC Resolution # 04-22-26-B

Amendments to the Real Property Law

Page 2 of 3

WHEREAS,

the amendments to the Law increase the minimum number of Land Management

employees primarily responsible for real estate acquisitions from one (1) to two (2),

contingent upon budgetary resources; and

WHEREAS,

the amendments to the Law remove the provisions regarding probate; and

WHEREAS,

the amendments to the Law specify that the Oneida Nation Register of Deeds shall

provide public access to land records and title documents, subject to applicable fees

outlined in the fee schedule established by Land Management and approved by the Land

Commission; and

WHEREAS,

the amendments to the Law delegate exclusive rulemaking authority to the Comprehensive

Housing Division for establishing process requirements such as advertising, notice,

prequalification, and selection- applicable to all residential improvements sales by the

Nation; and

WHEREAS,

the amendments to the Law clarify the duties Land Management is responsible for; and

WHEREAS,

the amendments to the Law establish the legal framework for granting easements in

specific circumstances where access to property is restricted. Three types of easements

are outlined:

• Easement by Necessity, which allows landlocked property owners to petition the

Oneida Judiciary for access through adjacent land, provided they can prove the

parcels were once under common ownership and the landlocked condition resulted

from a severance;

• Prescriptive Easement, which permits individuals to seek continued use of land if

they’ve used it openly, adversely, and continuously for twenty (20) years;

• Easement by Written instrument which recognizes property rights acquired through

uninterrupted adverse possession over seven years; and

• Additionally, it protects Tribal land from unauthorized claims, by prohibiting adverse

possession claims against the Nation; and

WHEREAS,

the Legislative Operating Committee developed the proposed amendments to the Law

through collaboration with representatives from the Comprehensive Housing Division,

Land Management, Oneida Law Office, CEO; and

WHEREAS,

in accordance with the Legislative Procedures Act a legislative analysis and fiscal impact

statement were completed for the proposed amendments to the Law; and

WHEREAS,

the Legislative Operating Committee held a public meeting on the proposed amendments

to the Law on November 14, 2025, with two (2) individuals providing oral comments, and

the public comment period for the amendments to this Law was held open until

November 21, 2025, with four (4) individuals providing written comments; and

BC Resolution # 04-22-26-B

Amendments to the Real Property Law

Page 3 of 3

NOW THEREFORE BE IT RESOLVED, the Oneida Business Committee hereby adopts the amendments

to the Landlord Tenant Law, which shall become effective on April 22, 2026.

CERTIFICATION

I, the undersigned, as Secretary of the Oneida Business Committee, hereby certify that the Oneida

Business Committee is composed of 9 members of whom 5 members constitute a quorum; 6 members

were present at a meeting duly called, noticed and held on the 22nd day of April, 2026; that the forgoing

resolution was duly adopted at such meeting by a vote of 5 members for, 0 members against, and 0

members not voting*; and that said resolution has not been rescinded or amended in any way.

____________________________

Lisa Liggins, Secretary

Oneida Business Committee

*According to the By-Laws, Article I, Section 1, the Chair votes "only in the case of a tie."