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Title 26 Sac and Fox Code
Real and Personal Property
REAL AND PERSONAL PROPERTY
T ITLE 26 OF THE S AC AND F OX C ODE OF L AWS
T ABLE OF C ONTENTS
CHAPTER ONE
PROPERTY IN GENERAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -1Section 101. Definition of Property. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -1Section 102. Definition of Ownership. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -1Section 103. When Wild Animals May Be Owned. . . . . . . . . . . . . . . . . . . . . -1Section 104. Property Classified.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -1Section 105. Real Property Defined. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -2Section 106. Land Defined. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -2Section 107. Fixtures Defined.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -2Section 108. Appurtenances Defined. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -2Section 109. Other Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -2Section 110. Religious, Ceremonial, and Burial Items. . . . . . . . . . . . . . . . . . . -4Sections 111-119.
Reserved.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -5SUBCHAPTER A
PERSONAL PROPERTY .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -5Section 120. Law Governing Personalty.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . -5Section 121. Thing in Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -5Section 122. Thing in Action May Be Transferred.. . . . . . . . . . . . . . . . . . . . . -5Section 123. Trademarks. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -5Section 124. Good Will. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -6Section 125. Good Will as Property. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -6Section 126. Title Deeds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -6Section 127. Oil and Gas Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -6Section 128. Filing and Indexing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -6Section 129. Verbal Lease or Loan Void as Against Innocent Purchasers
or Creditors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -7Section 130. Retirement, Pension, or Profit Sharing Plans.. . . . . . . . . . . . . . . -7SUBCHAPTER B
ACQUISITION OF PROPERTY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -8Section 131. How Property Is Acquired. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -8Section 132. Title by Occupancy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -8Section 133. Title by Prescription.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -8Section 134. Fixture May Not Be Moved - Exceptions. . . . . . . . . . . . . . . . . . -8Section 135. Riparian Accretions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -9Section 136. Removals in Mass May Be Reclaimed. . . . . . . . . . . . . . . . . . . . -9Section 137. Islands In Navigable Streams.. . . . . . . . . . . . . . . . . . . . . . . . . . . -9-i-
Title 26 Sac and Fox Code
Section 138.
Section 139.
Section 140.
Section 141.
Section 142.
Section 143.
Section 144.
Section 145.
Section 146.
Section 147.
Section 148.
Section 149.
Section 150.
Real and Personal Property
Islands in Other Streams. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -9Islands Formed by a New Channel. . . . . . . . . . . . . . . . . . . . . . -10Ownership of Ancient Bed.. . . . . . . . . . . . . . . . . . . . . . . . . . . . -10Things Inseparably United. . . . . . . . . . . . . . . . . . . . . . . . . . . . . -10Principal Part Defined. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -10Principal Part, How Determined. . . . . . . . . . . . . . . . . . . . . . . . -10Work and Material Combined. . . . . . . . . . . . . . . . . . . . . . . . . . -11Blended Materials. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -11Admixtures of Materials of Different Owners.. . . . . . . . . . . . . -11Use Without Owner’s Consent. . . . . . . . . . . . . . . . . . . . . . . . . -11Right of Owner. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -12Damages.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -12Reserved.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -12-
SUBCHAPTER C
UNCLAIMED PROPERTY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -13Section 151. Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -13Section 152. Property Held by Banking or Financial Organizations. . . . . . . -14Section 153. Unclaimed Funds Held by Life Insurance Corporations. . . . . . -15Section 154. Funds Held by Utilities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -16Section 155. Undistributed Dividends and Distributions of Business
Associations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -16Section 156. Property Held by Fiduciaries. . . . . . . . . . . . . . . . . . . . . . . . . . . -17Section 157. Property Held by Courts, Public Officers, and Agencies.. . . . . -17Section 158. Miscellaneous Personal Property Held for Another . . . . . . . . . -17Section 159. Mineral Interest in Land.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -18Section 160. Additional Conditions Leading to Presumption
of Abandonment.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -18Section 161. Report of Abandoned Property. . . . . . . . . . . . . . . . . . . . . . . . . -19Section 162. Notice and Publication of Lists of Abandoned Property. . . . . . -21Section 163. Payment or Delivery of Abandoned Property. . . . . . . . . . . . . . -22Section 164. Relief from Liability by Payment or Delivery. . . . . . . . . . . . . . -22Section 165. Income Accruing after Payment or Delivery. . . . . . . . . . . . . . . -22Section 166. Periods of Limitation Not a Bar.. . . . . . . . . . . . . . . . . . . . . . . . -23Section 167. Sale of Abandoned Property. . . . . . . . . . . . . . . . . . . . . . . . . . . -23Section 168. Unclaimed Property Fund - Deposits.. . . . . . . . . . . . . . . . . . . . -23Section 169. Authority of Tax Commission. . . . . . . . . . . . . . . . . . . . . . . . . . -24Section 170. Investment of Unclaimed Property. . . . . . . . . . . . . . . . . . . . . . -24Section 171. Claim for Abandoned Property. . . . . . . . . . . . . . . . . . . . . . . . . -24Section 172. Determination of Claims. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -25Section 173. Judicial Action upon Determinations.. . . . . . . . . . . . . . . . . . . . -25Section 174. Election to Receive Property. . . . . . . . . . . . . . . . . . . . . . . . . . . -25Section 175. Examination of Records.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -25Section 176. Proceeding to Compel Delivery. . . . . . . . . . . . . . . . . . . . . . . . . -26Section 177. Penalties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -26Section 178. Escheat. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -26-ii-
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Section 179.
Real and Personal Property
Rules and Regulations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -27-
SUBCHAPTER D
EXEMPT PROPERTY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -28Section 181. Exempt Property. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -28Section 182. Order Exempting Earnings from Personal Services. . . . . . . . . -29Section 183. Homestead. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -30Section 184. Persons Not Protected. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -31Section 185. Homestead Exceptions Inapplicable. . . . . . . . . . . . . . . . . . . . . -31Section 186. Exempt Personalty Subject to Attachment or Execution
for Wages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -31Section 187. Pension Money Exempt. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -31Section 188. No Exemption on Debt Due Government. . . . . . . . . . . . . . . . . -32Section 189. Status of Homestead Patented Lands. . . . . . . . . . . . . . . . . . . . . -32CHAPTER TWO
ASSIGNMENTS OF REAL PROPERTY
OF THE SAC AND FOX NATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -33Section 201.
Section 202.
Section 203.
Section 204.
Section 205.
Section 206.
Section 207.
Section 208.
Section 209.
Section 210.
Section 211.
Section 212.
Definition of Real Property of the Nation. . . . . . . . . . . . . . . . . -33Patents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -33Types of Assignments and Patents.. . . . . . . . . . . . . . . . . . . . . . -34Real Property Records Are Public Records. . . . . . . . . . . . . . . . -34Form and Limitation of Patents. . . . . . . . . . . . . . . . . . . . . . . . . -35Triplicate Originals of Patents to Be Issued.. . . . . . . . . . . . . . . -35Disposition of Triplicate Originals of Patents. . . . . . . . . . . . . . -35Real Property Eligible for Assignment and Patents.. . . . . . . . . -36Form of Resolution Authorizing Assignment and Patent. . . . . -36Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -36Patents Are in Lieu of Allotment. . . . . . . . . . . . . . . . . . . . . . . . -37Patents Do Not Convey Mineral Rights. . . . . . . . . . . . . . . . . . -37-
Subchapter A
Conveyances for Issuance of Patent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -38Section 221. Authorization. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -38Section 222. Acceptance of Conveyance to Sac and Fox Nation. . . . . . . . . . -38Section 223. Conversion to Trust Status.. . . . . . . . . . . . . . . . . . . . . . . . . . . . -39Section 224. Pre-existing Rights.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -39Section 225. Designation of Patentee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -40Section 226. Right of Action for Conveyance. . . . . . . . . . . . . . . . . . . . . . . . -40Sections 227-240.
Reserved.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -41SUBCHAPTER B
HOMESTEAD PATENTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -42Section 241. Homestead Patent Defined.. . . . . . . . . . . . . . . . . . . . . . . . . . . . -42Section 242. Purpose of Homestead Patents.. . . . . . . . . . . . . . . . . . . . . . . . . -42-iii-
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Section 243. Reserved.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -42Section 244. Eminent Domain. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -42Section 245. Limitation on Ownership of Homestead Patents. . . . . . . . . . . . -43Section 246. Limitation on Conveyances. . . . . . . . . . . . . . . . . . . . . . . . . . . . -43Section 247. Limitation on Price Paid for Conveyance. . . . . . . . . . . . . . . . . -43Section 248. Housing Authority to Regulate Homestead Patents.. . . . . . . . . -44Section 249. Application for Homestead Certificate. . . . . . . . . . . . . . . . . . . -44Section 250. Preference Categories for Homestead Certificates. . . . . . . . . . -45Section 251. Issuance of Homestead Certificate.. . . . . . . . . . . . . . . . . . . . . . -45Section 252. Consideration for and Issuance of Homestead Patent. . . . . . . . -46Section 253. Extinguishment of Homestead Interests. . . . . . . . . . . . . . . . . . -46Section 254. Release and Transfer to General Patent. . . . . . . . . . . . . . . . . . . -47Section 255. Escheat. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -48Section 256. Form of Homestead Patents. . . . . . . . . . . . . . . . . . . . . . . . . . . . -48Sections 257-260.
Reserved.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -49SUBCHAPTER C
GENERAL PATENTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -50Section 261. General Patent Defined. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -50Section 262. Purpose of General Patents. . . . . . . . . . . . . . . . . . . . . . . . . . . . -50Section 263. Reserved.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -50Section 264. Eminent Domain. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -50Section 265. Consideration for General Patents. . . . . . . . . . . . . . . . . . . . . . . -50Section 266. Escheat. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -51Section 267. Reserved.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -51Section 268. Release and Transfer to Homestead Patent. . . . . . . . . . . . . . . . -51Section 269. Sale of Land to Be Assigned by General Patent. . . . . . . . . . . . -51Section 270. Form of General Patent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -52Sections 271-299.
Reserved.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -53CHAPTER THREE
CONVEYANCES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -54Section 301. Persons Who May Convey.. . . . . . . . . . . . . . . . . . . . . . . . . . . . -54Section 302. Witness Not Necessary. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -54Section 303. Attorney-in-fact. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -54Section 304. Necessity of Writing and Signing. . . . . . . . . . . . . . . . . . . . . . . -54Section 305. When Husband and Wife May Convey Homestead
Separately.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -55Section 306. Husband or Wife of Insane Spouse May Convey Homestead. . -55Section 307. Verified Petition to Be Filed. . . . . . . . . . . . . . . . . . . . . . . . . . . -55Section 308. Copy of Petition to Be Served. . . . . . . . . . . . . . . . . . . . . . . . . . -56Section 309. Order of Sale to Be Entered of Record. . . . . . . . . . . . . . . . . . . -56Section 310. Estoppel by Receiving Benefits. . . . . . . . . . . . . . . . . . . . . . . . . -56Section 311. Constructive Mortgage.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -56Section 312. Officer’s Deeds Recorded. . . . . . . . . . . . . . . . . . . . . . . . . . . . . -57-iv-
Title 26 Sac and Fox Code
Real and Personal Property
Section 313.
Section 314.
Section 315.
Section 316.
Section 317.
Section 318.
Section 319.
Section 320.
Section 321.
Section 322.
Conveyance of Separate Property. . . . . . . . . . . . . . . . . . . . . . . -57Terms Defined. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -57Necessity of Acknowledgment and Recording. . . . . . . . . . . . . -57Instruments Filed for Record as Constructive Notice. . . . . . . -58After-acquired Title. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -58Quitclaim Conveys What. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -58Warranty Deed Conveys What - Implied Terms. . . . . . . . . . . . -58Power of Attorney - Execution - Recording. . . . . . . . . . . . . . . -58Revocation of Power of Attorney. . . . . . . . . . . . . . . . . . . . . . . -59Judgment for Recovery of Land - When Effective
Against Grantors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -59Section 323. Notice of Suit to Grantor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -59Section 324. Defense by Warrantor - Recovery by Warrantee. . . . . . . . . . . . -60Section 325. Failure to Defend - Recovery.. . . . . . . . . . . . . . . . . . . . . . . . . . -60Section 326. Acknowledgment Before Recording. . . . . . . . . . . . . . . . . . . . . -60Section 327. Instruments Recorded for Ten Years Valid. . . . . . . . . . . . . . . . -60Section 328. Instruments to Be Written or Printed in the Sac and Fox
Language or the English Language. . . . . . . . . . . . . . . . . . . . . . -61Section 329. Fee Simple - Exception. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -61Section 330. Will Recorded. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -61Section 331. Judgment Recorded. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -61Section 332. Minor May Hold Real Estate - Estates to Commence
In Future.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -62Section 333. Form of Acknowledgment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . -62Section 334. Execution by Mark.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -62Section 335. Acknowledgment to Be under Seal - Before Whom Taken.. . . -62Section 336. Acknowledgments Before Deputy Clerk of District Court
Validated. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -63Section 337. Form of Warranty Deed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -63Section 338. Form of Quitclaim Deed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -63Section 339. Form of Police Chief’s Deed. . . . . . . . . . . . . . . . . . . . . . . . . . . -64Section 340. Rights and Duties of Parties to Conveyance. . . . . . . . . . . . . . . -65Sections 341 - 350. Reserved.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -65SUBCHAPTER A
CONVEYANCES BY CORPORATIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -66Section 351. Corporations May Convey by Attorney. . . . . . . . . . . . . . . . . . . -66Section 352. Instrument by Corporation Valid. . . . . . . . . . . . . . . . . . . . . . . . -66Section 353. Manner of Execution by Corporation. . . . . . . . . . . . . . . . . . . . -66Section 354. Manner of Attestation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -66Section 355. Acknowledgment by Corporation - Form. . . . . . . . . . . . . . . . . -67Sections 356 - 360. Reserved.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -67SUBCHAPTER B
POWER OF APPOINTMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -68Section 361. Creation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -68-v-
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Real and Personal Property
Section 362.
Section 363.
Section 364.
Section 365.
Section 366.
Section 367.
Exercise of Power of Appointment. . . . . . . . . . . . . . . . . . . . . . -68Insufficient Instruments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -68Persons Who May Exercise Power. . . . . . . . . . . . . . . . . . . . . . -68Two or More Persons Vested with a Power.. . . . . . . . . . . . . . . -68Consent of Donor.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -69Appointment of All Property to One or More Objects to the
Exclusion of the Others. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -69Section 368. Appointment of Self.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -69Section 369. General Transfer by Deed or Will. . . . . . . . . . . . . . . . . . . . . . . -70Section 370. Conveyances and Devises. . . . . . . . . . . . . . . . . . . . . . . . . . . . . -70Section 371. Suspension of Right of Alienation.. . . . . . . . . . . . . . . . . . . . . . -70Section 372. Advancement to Descendants. . . . . . . . . . . . . . . . . . . . . . . . . . -70Section 373. Assignment for Benefit of Creditors. . . . . . . . . . . . . . . . . . . . . -70Section 374. Power of Revocation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -71Section 375. Absolute Power of Disposition in Grantee. . . . . . . . . . . . . . . . -71Sections 376 - 380. Reserved.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -71-
SUBCHAPTER C
GIFTS OF PROPERTY TO THE GOVERNMENT AND ITS SUBDIVISIONS . . . . . . . . . . . . . . . -72Section 381. Capacity to Take Property by Gift. . . . . . . . . . . . . . . . . . . . . . . -72Section 382. Tax Exemption.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -72Section 383. Authority to Accept Gift to Government - Delivery or
Property and Muniments of Title. . . . . . . . . . . . . . . . . . . . . . . . -72Section 384. Allotment of Property to Institution, Department or Agency
of the Sac and Fox Nation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . -73Section 385. Allotment of Property Gift for Particular Purpose. . . . . . . . . -73Section 386. Allotment of Property Given Without Designation of
Particular Purpose - New Allotment. . . . . . . . . . . . . . . . . . . . . -73Section 387. Sale of Real Property Not Suitable for Particular Institutions Personal Property - Lease until Sale. . . . . . . . . . . . . . . . . . . . . -74Section 388. Sale of Stocks, Bonds, Chooses in Action and Intangible
Personal Property. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -75Section 389. Money Included in Gift - Income and Proceeds of Sales Deposit to Credit of General Revenue Fund. . . . . . . . . . . . . . . -75Section 390. Acceptance by Agencies, Sauk Indian Communities, and
School Districts - Delivery - Receipts. . . . . . . . . . . . . . . . . . . . -75Section 390.1. Gift to Sac and Fox Nation, Agency, Sauk Indian Community Tenancy in Common. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -76Section 390.2. Gift to Nation, Sauk Indian Community Deemed to Be
Intended for Public Improvements.. . . . . . . . . . . . . . . . . . . . . . -76Section 390.3. Town Governing Body to Administer. . . . . . . . . . . . . . . . . . . . -76SUBCHAPTER D
DISCLAIMER OF INTERESTS.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -77Section 391.1. Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -77Section 391.2. Right to File Disclaimer.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -77-vi-
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Real and Personal Property
Section 391.3. Time for Filing a Disclaimer. . . . . . . . . . . . . . . . . . . . . . . . . . . -78Section 391.4. Place of Filing a Disclaimer.. . . . . . . . . . . . . . . . . . . . . . . . . . . -78Section 391.5. Disposition of Interest Disclaimed.. . . . . . . . . . . . . . . . . . . . . . -78Section 391.6. Rights of Creditors Not Defeated.. . . . . . . . . . . . . . . . . . . . . . . -79Section 391.7. Spendthrift Provisions - Binding Effect of Disclaimer Spouse of Disclaimant. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -79Section 391.8. Other Rights Not Abridged. . . . . . . . . . . . . . . . . . . . . . . . . . . . -79Section 391.9. Interests Not Fixed or Finally Ascertained-right to Disclaim. . -79CHAPTER FOUR
MORTGAGES.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -80Section 401. Absolute Deed as Mortgage.. . . . . . . . . . . . . . . . . . . . . . . . . . . -80Section 402. Deed of Trust Subject to Mortgage Laws. . . . . . . . . . . . . . . . . -80Section 403. Conveyance by Holder of Deed Intended as Security as
Assignment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -80Section 404. Form of Mortgage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -80Section 405. Further Agreements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -81Section 406. Mortgage Follows Property Passing by Succession or Will. . . -81Section 407. Formalities Similar to Deeds. . . . . . . . . . . . . . . . . . . . . . . . . . . -82Section 408. Record Is Notice.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -82Section 409. Grant Intended as Mortgage Recorded as Mortgage. . . . . . . . . -82Section 410. Separate Instrument Recorded. . . . . . . . . . . . . . . . . . . . . . . . . . -82Section 411. Defeasance must Be Recorded.. . . . . . . . . . . . . . . . . . . . . . . . . -82Section 412. Payment after Assignment of Mortgage.. . . . . . . . . . . . . . . . . . -83Section 413. Release by Attorney. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -83Section 414. Holder must Release - Penalty. . . . . . . . . . . . . . . . . . . . . . . . . . -83Section 415. How Released. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -84Section 416. Mortgages, to Secure Governmental Agency Bonds. . . . . . . . . -84Section 417. Certificate of Tax Commission. . . . . . . . . . . . . . . . . . . . . . . . . -84Section 425. Title Protection.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -84Section 451. Indefinite Reference to Mortgage. . . . . . . . . . . . . . . . . . . . . . . -85Section 461. Limitations on Power of Foreclosure. . . . . . . . . . . . . . . . . . . . -86CHAPTER FIVE
LIENS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -88SUBCHAPTER A
GENERAL PROVISIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -88Section 501. Lien Defined. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -88Section 502. Classes of Liens. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -88Section 503. General Lien.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -88Section 504. Special Lien — Prior Lien. . . . . . . . . . . . . . . . . . . . . . . . . . . . . -88Section 505. Law Applies to What. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -88Section 506. Lien Created, How. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -89Section 507. Lien Created by Law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -89-vii-
Title 26 Sac and Fox Code
Section 508.
Section 509.
Section 510.
Section 511.
Section 512.
Section 513.
Section 514.
Section 515.
Section 516.
Section 517.
Section 518.
Section 519.
Section 520.
Section 521.
Section 522.
Section 523.
Section 524.
Section 525.
Section 526.
Section 527.
Section 528.
Section 529.
Section 530.
Section 531.
Section 532.
Section 533.
Section 534.
Section 535.
Section 536.
Section 537.
Section 538.
Section 542.
Real and Personal Property
Lien on Future Interest. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -89Lien to Take Immediate Effect. . . . . . . . . . . . . . . . . . . . . . . . . -89Lien Transfers No Title. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -89Contracts for Forfeiture of Property and Restraining
Redemption. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -90Lien Does Not Imply Obligation. . . . . . . . . . . . . . . . . . . . . . . . -90Extent of Lien Limited.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -90Holder of Lien Not Entitled to Compensation. . . . . . . . . . . . . . -90Priority of Liens According to Date.. . . . . . . . . . . . . . . . . . . . . -90Priority of Mortgage for Price of Realty. . . . . . . . . . . . . . . . . . -90Order of Resort for Payment of Prior Liens.. . . . . . . . . . . . . . . -91Persons Entitled to Redeem Lien. . . . . . . . . . . . . . . . . . . . . . . . -91Holder of Inferior Lien - Redemption. . . . . . . . . . . . . . . . . . . . -91Redemption — How Made. . . . . . . . . . . . . . . . . . . . . . . . . . . . -92Lien Is an Accessory Obligation. . . . . . . . . . . . . . . . . . . . . . . . -92Sale or Conversion of Property Extinguishes Lien. . . . . . . . . . -92Limitation of Time.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -92Partial Performance as Extinguishing Lien. . . . . . . . . . . . . . . . -92Voluntary Restoration as Extinguishing Lien. . . . . . . . . . . . . . -93Vendor’s Lien for Price of Realty. . . . . . . . . . . . . . . . . . . . . . . -93Waiver of Vendor’s Lien. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -93Validity of Liens of Vendors and Purchasers.. . . . . . . . . . . . . . -93Lien of Purchaser of Real Property. . . . . . . . . . . . . . . . . . . . . . -93Lien of Factor.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -94Banker’s Lien.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -94Special Lien of Officer Levying Attachment or Execution. . . . -94Attorney’s Lien. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -94Judgment Liens. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -94Innkeeper’s and Housing Authority Liens. . . . . . . . . . . . . . . . . -94Liens Against Insolvent Estates. . . . . . . . . . . . . . . . . . . . . . . . . -95Lien on Unharvested Crops. . . . . . . . . . . . . . . . . . . . . . . . . . . . -96Hospital Liens in Personal Injury Cases. . . . . . . . . . . . . . . . . . -96Labor and Material Lien on Personal Property. . . . . . . . . . . . . -97-
SUBCHAPTER B
THRESHERS, COMBINERS AND HAY HAULERS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -98Section 546. Persons Entitled to Liens - Commencement of Lien. . . . . . . . . -98Section 547. Filing Lien Statement.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -98Section 548. Priority of Mortgage Liens.. . . . . . . . . . . . . . . . . . . . . . . . . . . . -99Section 549. Statement Furnished Owner by Thresher.. . . . . . . . . . . . . . . . . -99Section 550. Foreclosure of Lien. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -99Section 551. Sale for Purpose of Paying Threshing or Combining Bill. . . . . -99Section 552. Satisfaction of Lien upon Discharge. . . . . . . . . . . . . . . . . . . . . -99SUBCHAPTER C
MECHANICS AND MATERIALMEN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -100-viii-
Title 26 Sac and Fox Code
Section 561.
Section 562.
Section 563.
Section 564.
Section 565.
Section 566.
Section 567.
Section 568.
Section 569.
Section 570.
Section 571.
Section 572.
Section 573.
Section 574.
Section 575.
Section 576.
Section 577.
Section 578.
Section 580.
Real and Personal Property
Right to Lien. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -100Lien Statement to Be Filed.. . . . . . . . . . . . . . . . . . . . . . . . . . . -100Notice to Owner - Condition to Enforcement. . . . . . . . . . . . . -101Date and Signature of Owner Required on Notice.. . . . . . . . . -101Person Deemed Not to Be Original Contractor. . . . . . . . . . . . -102Fraudulent Statement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -102Satisfaction of Notice.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -102Lien by or Through Subcontractor. . . . . . . . . . . . . . . . . . . . . . -102Notice of Filing Lien Statement.. . . . . . . . . . . . . . . . . . . . . . . -103Leased or Rented Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . -103Homestead Exemption Applies. . . . . . . . . . . . . . . . . . . . . . . . -104Leased or Rented Equipment on Oil or Gas Property. . . . . . . -104Oil and Gas Well Liens. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -104Effectiveness of Lien Against Purchaser. . . . . . . . . . . . . . . . . -105Subcontractor’s Oil and Gas Well Lien. . . . . . . . . . . . . . . . . . -105Enforcement of Lien on Oil and Gas Wells.. . . . . . . . . . . . . . -105Discharge of Lien.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -105Lien on Mining Property. . . . . . . . . . . . . . . . . . . . . . . . . . . . . -106Proceeds of Contract Are Trust Funds.. . . . . . . . . . . . . . . . . . -107-
SUBCHAPTER D
ENFORCEMENT OF LIENS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -108Section 591. Assignment of Liens. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -108Section 592. Enforcement by Civil Action. . . . . . . . . . . . . . . . . . . . . . . . . . -108Section 593. Parties.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -108Section 594. Consolidation of Action’s and Stay of Trial. . . . . . . . . . . . . . -109Section 595. Sale of Property after Judgment.. . . . . . . . . . . . . . . . . . . . . . . -109Section 596. Attorney’s Fee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -109Section 597. Suit by Owner to Determine Lien and Cancellation of
Lien on Docket.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -109Section 598. Proceeds Insufficient. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -109CHAPTER SIX
ESTATES IN REAL PROPERTY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -110Section 601.
Section 602.
Section 603.
Section 604.
Section 605.
Section 606.
Section 607.
Section 608.
Section 609.
Section 610.
Section 611.
Law Governing Real Property. . . . . . . . . . . . . . . . . . . . . . . . . -110Classification of Estates.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . -110Definition of Fee Estate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -110Estates Tail Abolished. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -110Limitation of Remainder in Tail. . . . . . . . . . . . . . . . . . . . . . . -111Certain Estates Defined. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -111Estate for the Life of Another. . . . . . . . . . . . . . . . . . . . . . . . . -111Particular Estate Not Necessary to Remainder. . . . . . . . . . . . -111Reversion Defined. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -111Remainder Defined. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -111Suspension of Alienation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . -112-ix-
Title 26 Sac and Fox Code
Section 612.
Section 613.
Section 614.
Section 615.
Section 616.
Section 617.
Section 618.
Section 619.
Section 620.
Section 621.
Section 622.
Section 623.
Section 624.
Section 625.
Section 626.
Section 627.
Section 628.
Section 629.
Section 630.
Section 631.
Section 632.
Section 633.
Section 634.
Section 635.
Section 636.
Section 637.
Section 638.
Section 639.
Section 640.
Section 641.
Section 642.
Section 643.
Section 644.
Section 645.
Section 646.
Section 647.
Section 648.
Section 649.
Section 650.
Section 651.
Section 652.
Section 653.
Real and Personal Property
Suspension of Ownership Limited.. . . . . . . . . . . . . . . . . . . . . -112Contingent Remainder in Fee on Prior Remainder. . . . . . . . . -112Future Estates.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -112Certain Limitations of Estates Void.. . . . . . . . . . . . . . . . . . . . -112Remainder on Successive Lives Must Be in Fee. . . . . . . . . . . -113Contingent Remainder on Term of Years. . . . . . . . . . . . . . . . -113Estate for Life Limited as Remainder. . . . . . . . . . . . . . . . . . . -113Conditional Limitations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -113Remainder in Fee to Heirs after Life Estate.. . . . . . . . . . . . . . -113Remainder Not Contingent. . . . . . . . . . . . . . . . . . . . . . . . . . . -114Future Estate after Unexecuted Power.. . . . . . . . . . . . . . . . . . -114Termination of Estate at Will.. . . . . . . . . . . . . . . . . . . . . . . . . -114Notice of Termination. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -114Action after Notice.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -114Notice of Reentry. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -115Action for Possession.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -115Easements Attached to Land. . . . . . . . . . . . . . . . . . . . . . . . . . -115Easements Not Attached to Land.. . . . . . . . . . . . . . . . . . . . . . -116Dominant and Servient Tenements. . . . . . . . . . . . . . . . . . . . . -116Who May Create Servitudes. . . . . . . . . . . . . . . . . . . . . . . . . . -117Who Cannot Hold Servitude. . . . . . . . . . . . . . . . . . . . . . . . . . -117Extent of Servitude. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -117Partition of Servitude. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -117Rights of Owner of Future Estate. . . . . . . . . . . . . . . . . . . . . . -117Action to Enforce Easement. . . . . . . . . . . . . . . . . . . . . . . . . . -117Action for Possession of Servient Tenement. . . . . . . . . . . . . . -118How Servitudes Are Extinguished . . . . . . . . . . . . . . . . . . . . . -118Ownership and Use of Water. . . . . . . . . . . . . . . . . . . . . . . . . . -118Life Lease Rent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -119Life Lease Rent Recovery after Death. . . . . . . . . . . . . . . . . . . -119Action for Injury to Inheritance. . . . . . . . . . . . . . . . . . . . . . . . -119Fee Title Covers What. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -119Lateral and Subjacent Support, Right to. . . . . . . . . . . . . . . . . -119Trees on Land, Ownership of.. . . . . . . . . . . . . . . . . . . . . . . . . -119Duties of Life Tenant. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -120Boundaries and Fences.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -120Appointment of Trustee Where There Are
Contingent Remainders. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -120Trustee May Make Oil and Gas Leases and Other
Mining Leases. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -120Trustee’s Authority to Invest Income from Royalties Payments to Life Tenant or Other Person. . . . . . . . . . . . . . . . -121Joint Tenancy and Tenancy by Entirety. . . . . . . . . . . . . . . . . . -121Partial Invalidity.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -122Reformation Of Interests Violating Rule Against
Perpetuities - Intent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -122-x-
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Section 654. Construction in Accordance with Cy Pres Doctrine. . . . . . . . -122Section 655. Reformation of Offending Instruments. . . . . . . . . . . . . . . . . . -122Section 656. Applicability to Certain Inter Vivos Instruments, Wills
and Appointments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -122SUBCHAPTER A
LAND DEVELOPMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -123Section 657. Nature of Developments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . -123Section 658. Owners Association. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -123Section 659. Taxes and Special Assessments. . . . . . . . . . . . . . . . . . . . . . . . -124Section 660. Membership. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -124Section 661. Application of Chapter.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -124Sections 662 - 663. Reserved.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -124SUBCHAPTER B
UNIT OWNERSHIP ESTATES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -125Section 664. Creation of Unit Ownership Estate. . . . . . . . . . . . . . . . . . . . . -125Section 665. Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -125Section 666. Status and Title Created. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -127Section 667. Undivided Interest in Common Elements. . . . . . . . . . . . . . . . -127Section 668. Common Elements to Remain Undivided. . . . . . . . . . . . . . . . -128Section 669. Use of Common Elements. . . . . . . . . . . . . . . . . . . . . . . . . . . . -128Section 670. Rules and Bylaws.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -128Section 671. Maintenance and Repair.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . -128Section 672. Prohibited Work.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -128Section 673. Liens Against Unit Estates.. . . . . . . . . . . . . . . . . . . . . . . . . . . -129Section 674. Expense of Administration. . . . . . . . . . . . . . . . . . . . . . . . . . . -129Section 675. Common Profits.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -130Section 676. Declaration Creating Estate. . . . . . . . . . . . . . . . . . . . . . . . . . . -130Section 677. Deeds Conveying Estates – Recording – Contents. . . . . . . . . -130Section 678. Plans Attached to Declarations. . . . . . . . . . . . . . . . . . . . . . . . -131Section 679. Removal of Property from Unit Ownership.. . . . . . . . . . . . . . -131Section 680. Resubmission of Property to Unit Ownership. . . . . . . . . . . . . -131Section 681. Administration and Bylaws. . . . . . . . . . . . . . . . . . . . . . . . . . . -132Section 682. Necessary Contents of Bylaws.. . . . . . . . . . . . . . . . . . . . . . . . -132Section 683. Books and Records. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -133Section 684. Homestead Exemptions Applicable.. . . . . . . . . . . . . . . . . . . . -133Section 685. Assessment of Taxes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -133Section 686. Liens for Common Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . -133Section 687. Unpaid Common Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . -134Section 688. Insurance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -135Section 689. Repair of Damage to Building. . . . . . . . . . . . . . . . . . . . . . . . . -135Section 690. Obsolete Property.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -135Section 691. Actions Relating to Common Elements.. . . . . . . . . . . . . . . . . -136Section 692. Persons Subject to Subchapter. . . . . . . . . . . . . . . . . . . . . . . . . -136-
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Title 26 Sac and Fox Code
Real and Personal Property
CHAPTER ONE
PROPERTY IN GENERAL
Section 101. Definition of Property
In this Title a thing of which there may be ownership is called property.
[PUBLIC LAW #SF-89-89, July 27, 1989.]
Section 102. Definition of Ownership
The ownership of a thing is the right of one or more persons to possess and use it to the exclusion
of others, subject to the laws of the Sac and Fox Nation. There may be ownership of all
inanimate things which are capable of appropriation, or of manual delivery; of all domestic
animals; of all obligations; of products of labor or skill, such as the composition of an author, the
good will of a business, trade marks and signs, and of rights created or granted by statute.
[PUBLIC LAW #SF-89-89, July 27, 1989.]
Section 103. When Wild Animals May Be Owned
Animals, wild by nature, are the subjects of ownership while living only when on the land of the
person claiming them, or when tamed, or taken and held in possession, or disabled and
immediately pursued.
[PUBLIC LAW #SF 89-89, July 27, 1989.]
Section 104. Property Classified
Property is either:
(A)
Real or immovable; or
(B)
Personal or movable.
[PUBLIC LAW #SF-89-89, July 27, 1989.]
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Title 26 Sac and Fox Code
Real and Personal Property
Section 105. Real Property Defined
Real or immovable property consists of:
(A)
Land;
(B)
That which is affixed to land;
(C)
That which is incidental or appurtenant to land; and
(D)
That which is immovable by law.
[PUBLIC LAW #SF-89-89, July 27, 1989.]
Section 106. Land Defined
Land is the solid material of the earth, whatever may be the ingredients of which it is composed,
whether soil, rock, or other substance.
[PUBLIC LAW #SF-89-89, July 27, 1989.]
Section 107. Fixtures Defined
A thing is deemed to be affixed to land when it is attached to it by roots, as in the case of trees,
vines or shrubs, or embedded in it, as in the case of walls, or permanently resting upon it, as in
the case of buildings, or permanently attached to what is thus permanent, by means of cement,
plaster, nails, bolts, screws, or other fasteners.
[PUBLIC LAW #SF-89-89, July 27, 1989.]
Section 108. Appurtenances Defined
A thing is deemed to be incidental or appurtenant to land when it is by right used with the land
for its benefit, as in the case of a way or watercourse, or of a passage for light, air or heat, from or
across the land of another. Sluice boxes, flumes, hoses, pipes, railway tracks, cars, blacksmith
shops, mills, and all other machinery or tools used in working or developing a mine or oil and
gas well, are to be deemed affixed to the mine or well.
[PUBLIC LAW #SF-89-89, July 27, 1989.]
Section 109. Other Definitions
For the purposes of this Title:
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Title 26 Sac and Fox Code
Real and Personal Property
(A)
“Attorney General” means the Attorney General of the Sac and Fox Nation.
(B)
“Citizen” or “Citizen of the Sac and Fox Nation” means:
(1)
A member of the Sac and Fox Nation.
(2)
Persons who are a spouse, ancestor, descendant, or other relative within
the third degree of a member of the Sac and Fox Nation.
(3)
A non-natural person created pursuant to the laws of the Sac and Fox
Nation, or one which is domiciled, naturalized, or authorized to do business within the
jurisdiction of the Sac and Fox Nation.
(4)
Any person who donates land to the Sac and Fox Nation for the purpose of
receiving a patent to that or other land within the jurisdiction of the Sac and Fox Nation.
(5)
Any person who voluntarily acquires any interest in land or other nonmovable property within the Sac and Fox Nation, or who acquires such land or nonmovable property involuntarily, and who chooses to exercise any of the rights of
ownership or use with respect to the acquired interest other than to disclaim such interest
in favor of an escheat to the Sac and Fox Nation.
(C)
“Commission” means the Sac and Fox Tax Commission.
(D)
“Court Clerk” means the Clerk of the District Court.
(E)
“District Court” means the District Court of the Sac and Fox Nation.
(F)
“Jurisdiction”, “Sac and Fox jurisdiction”, “jurisdiction of the Sac and Fox
Nation”, “reservation” and words of similar import when used to describe a territorial area means
all Indian Country of the Sac and Fox Nation wherever located, and, including specifically, all
lands owned by the Sac and Fox Nation within the areas described in (1) Article I of the Articles
of Agreement made and entered into at the seat of Government of the Sac and Fox Nation in the
Indian Territory on the twelfth day of June eighteen hundred and ninety, by and between David
H. Jerome, Alfred M. Wilson, and Warren G. Sayre, Commissioners on the part of the United
States, appointed for that purpose, and Ma-Ka-Sa-To, Principal Chief and Moses Keokuk, First
Assistant Principal Chief on the part of the Sac and Fox Nation, and (2) Article 2 of the Treaty
between the Sac and Fox Nation and the United States made and entered into at St. Louis on
November 4, 1804.
(G)
“Member” or “Member of the Sac and Fox Nation” means a member of the Sac
and Fox Nation as defined in Article 1 of the Constitution of the Sac and Fox Nation.
(H)
“Tax Commission” means the Sac and Fox Tax Commission.
[PUBLIC LAW #SF-89-89, July 27, 1989, as amended by PL #SF-07-88, February 5, 2007.]
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Title 26 Sac and Fox Code
Real and Personal Property
Section 110. Religious, Ceremonial, and Burial Items
(A)1 Title to religious and ceremonial items of the Sac and Fox Nation, and its clans,
bands, and societies, shall be deemed to be irrevocably vested in the Sac and Fox Nation and the
particular clan, band, or societies to which the item appertains, and no right or title to such items
may be lawfully conveyed by the custodian(s) of such item, other than the lawful delegation of
new custodian(s) and transfer of custody and use of the item to the new custodian(s) in
accordance with the procedures of the Sac and Fox Nation and the particular clan, band, or
society to which the item appertains. All such items are non-moveable in law, and are
permanently located within the jurisdiction of the Sac and Fox Nation.
(B)
Title to, and the right to exploit for profit, the genetic resources, traditional
knowledge, cultural expressions, and intellectual properties, including, without limitation, seeds,
medicines, knowledge of the properties of fauna and flora, foods, oral traditions, literatures,
designs, language, music, dances, traditional sports and games, history, language, arts, crafts, and
the visual and performing arts of the Sac and Fox people are irrevocably vested in the Sac and
Fox Nation and the particular clan, band, society, or family to which the item appertains. No
right or title to such resource, knowledge, expression, or property may be lawfully conveyed by a
custodian(s) of such other than the lawful designation of a new custodian and transfer of custody
and use of the item to the new custodian(s) in accordance with the procedures of the Sac and Fox
Nation and the particular clan, band, society, or family to which the item appertains. No license
may be granted for the commercial exploitation of such resource, knowledge, expression, or
property to any MoKoMaNa or other person outside the Sac and Fox community without the
express consent of the government of the Sac and Fox Nation. All such items are non-moveable
in law, and are permanently located within the jurisdiction of the Sac and Fox Nation.
(C)
All rights to property recognized, created, or protected by this Title remain subject
to the traditional and customary servitude for the gathering of traditional medicines and foods,
game, and materials used for the customary, religious, and ceremonial usages and rites of the Sac
and Fox people; permission to be respectfully and reasonably requested, and to be cheerfully
granted on reasonable terms and conditions.
(D)
Deceased persons are in the custody of their nearest male Sac and Fox relative by
blood until interment in the following order: eldest son, other sons, father, brother, uncle,
nephew, adopted relatives. Personal property of the deceased not used in the burial ceremony, in
payment of the grave diggers and cooks, nor used in their adoption shall be subject to probate in
the Courts of the Sac and Fox Nation. The grave of the deceased shall not be disturbed under any
pretext by any person. Title or other interests in or to lands patented or assigned pursuant to the
laws of the Sac and Fox Nation to the deceased shall be subject to probate exclusively in the
Courts of the Sac and Fox Nation.
[PUBLIC LAW #SF-89-89, July 27, 1989, as amended by PL #SF-07-88, February 5, 2007.]
1
Formerly Section 30.1 of this Title.
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Title 26 Sac and Fox Code
Sections 111-119.
Real and Personal Property
Reserved
SUBCHAPTER A
PERSONAL PROPERTY
Section 120. Law Governing Personalty
(A)
If there is no law to the contrary in the place where personal property is situated, it
is deemed to follow the person of its owner, and is governed by the law of his domicile.
(B)
Unless expressly declared to the contrary in writing, every citizen of the Sac and
Fox Nation is presumed to be domiciled within the reservation of the Sac and Fox Nation.
[PUBLIC LAW #SF-89-89, July 27, 1989, as amended by PL #SF-07-88, February 5, 2007.]
Section 121. Thing in Action
A thing in action is right to recover money or other personal property, by judicial proceedings.
[PUBLIC LAW #SF-89-89, July 27, 1989.]
Section 122. Thing in Action May Be Transferred
A thing in action, arising out of the violation of a right of property, or out of any obligation, may
be transferred by the owner. Upon the death of the owner, it passes to his personal
representatives, except where, in the case provided by law, it passes to his devisees or successors
in office.
[PUBLIC LAW #SF-89-89, July 27, 1989.]
Section 123. Trademarks
One who produces or deals in a particular thing or conducts a particular business, may
appropriate to his exclusive use, as a trademark, any form, symbol, or name which has not been
so appropriated by another, to designate the origin or ownership thereof; but he cannot
exclusively appropriate any designation, or part of a designation, which relates only to the name,
quality, or the description of the thing or business, or the place where the thing is produced, or
the business is carried on, nor the name of the Sac and Fox Nation.
[PUBLIC LAW #SF-89-89, July 27, 1989.]
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Title 26 Sac and Fox Code
Real and Personal Property
Section 124. Good Will
The good will of a business is the expectation of continued public patronage, but it does not
include a right to use the name of any person from whom it was acquired.
[PUBLIC LAW #SF-89-89, July 27, 1989.]
Section 125. Good Will as Property
The good will of a business is property, transferable like any other.
[PUBLIC LAW #SF-89-89, July 27, 1989.]
Section 126. Title Deeds
Instruments essential to the title of real property, and which are not kept in a public office as a
record pursuant to law, belong to the person in whom, for the time being, such title may be
vested, and pass with the title.
[PUBLIC LAW #SF-89-89, July 27, 1989.]
Section 127. Oil and Gas Equipment
Any instrument in writing leasing or lending or giving an option to purchase any personal
property, used in the digging, drilling, completing or equipping of an oil and gas well shall be
void as against innocent purchasers or creditors of the lessee or bailee, unless the original
instrument, or a true copy thereof, shall have been filed prior to the time the rights of any
innocent purchaser or the creditors of the lessee or bailee accrue or come into being, in the office
of the Clerk of the District Court.
[PUBLIC LAW #SF-89-89, July 27, 1989.]
Section 128. Filing and Indexing
The said instrument shall be filed and indexed by the District Court Clerk in the same manner in
which chattel mortgages are filed and indexed.
[PUBLIC LAW #SF-89-89, July 27, 1989.]
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Title 26 Sac and Fox Code
Real and Personal Property
Section 129. Verbal Lease or Loan Void as Against Innocent Purchasers or Creditors
Any verbal leasing or lending of personal property used in the digging, drilling, completing or
equipping an oil and gas well shall be void as against innocent purchasers or creditors of the
lessee or bailee.
[PUBLIC LAW #SF-89-89, July 27, 1989.]
Section 130. Retirement, Pension, or Profit Sharing Plans
(A)
No retirement, pension or profit sharing plan, qualified for tax exemption
purposes under present or future Acts of Congress, or any trusts, insurance and annuity contracts
constituting a part thereof, shall be construed as violating the rule or law against perpetuities, or
any rule or law against restraints on alienation; provided the power of alienation or the vesting of
the interest of any person in such plan, trust or contract shall not be suspended for a longer period
than the duration of the lives of the designated beneficiaries of such particular interest, being at
the time of designation, plus twenty-one (21) years.
(B)
Any such plan, trust or contract may provide against the alienation or
encumbrance of the interest of any person therein and further provide that no interest therein
shall be subject to garnishment, attachment, execution or the claims of creditors of the persons
having an interest therein.
(C)
Any person having an interest in any such plan, trust or contract, or in any
property or any right subject to any such plan, trust or contract, containing the provisions set
forth in this section of this Title, or provisions of substantially the same force and effect, shall
have no right to alienate or encumber such right or interest in any manner contrary thereto, and
the interest of any such person in any such plan, trust or contract, or in any property or any right
subject to any such plan, trust or contract, shall be exempt from garnishment, attachment,
execution or the claims of creditors.
[PUBLIC LAW #SF-89-89, July 27, 1989.]
-7-
Title 26 Sac and Fox Code
Real and Personal Property
SUBCHAPTER B
ACQUISITION OF PROPERTY
Section 131. How Property Is Acquired
Property is acquired by:
(A)
Occupancy
(B)
Accession
(C)
Transfer
(D)
Will
(E)
Succession
(F)
Prescription
[PUBLIC LAW #SF-89-89, July 27, 1989, as amended by PL #SF-07-88, February 5, 2007.]
Section 132. Title by Occupancy
Occupancy for any period confers a title sufficient against all except the Sac and Fox Nation, and
those who have title by accession, transfer, will, succession, or prescription.
[PUBLIC LAW #SF-89-89, July 27, 1989.]
Section 133. Title by Prescription
Occupancy for the period prescribed by civil procedure, or any law of the Sac and Fox Nation is
sufficient to bar an action for the recovery of the property, and confers a title thereto,
denominated a title by prescription, which is sufficient against all, except the Sac and Fox Nation
and its agencies.
[PUBLIC LAW #SF-89-89, July 27, 1989.]
Section 134. Fixture May Not Be Moved - Exceptions
When a person affixes his property to the land of another without an agreement permitting him to
remove it, the thing affixed belongs to the owner of the land, unless he chooses to require or
permit the former to remove it: Provided, that a lawful tenant may remove from the demised
premises at any time during the continuance of his term any thing affixed thereto by the tenant
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Title 26 Sac and Fox Code
Real and Personal Property
for purpose of trade, manufacture, ornament or domestic use, if the removal can be effected
without injury to the premises, unless the thing has by the manner in which it is affixed, become
an integral part of the premises.
[PUBLIC LAW #SF-89-89, July 27, 1989, as amended by PL #SF-07-88, February 5, 2007.]
Section 135. Riparian Accretions
Where from natural causes land forms by imperceptible degrees upon the bank of a river or
stream, navigable or not navigable, whether by accumulation of material or by the recession of
the stream, such land belongs to the owner of the bank, subject to any existing right-of-way over
the bank.
[PUBLIC LAW #SF-89-89, July 27, 1989.]
Section 136. Removals in Mass May Be Reclaimed
If a river or stream carries away, by sudden violence, a considerable and distinguishable part of a
bank, and bears it to the opposite bank, or to another part of the same bank, the owner of the part
carried away may reclaim it within a year after the owner of the land to which it has been united
takes possession thereof.
[PUBLIC LAW #SF-89-89, July 27, 1989.]
Section 137. Islands In Navigable Streams
Islands and accumulations of land formed in the beds of streams which are navigable, belong to
the Sac and Fox Nation, if there is no title to the contrary recognized by the laws of the Sac and
Fox Nation.
[PUBLIC LAW #SF-89-89, July 27, 1989, as amended by PL #SF-07-88, February 5, 2007.]
Section 138. Islands in Other Streams
An island or accumulation of land, formed in a stream which is not navigable, belongs to the
owner of the shore on that side where the island or accumulation is formed, or if not formed on
one side only, to the owners of the shore on the two sides, divided by an imaginary line drawn
through the middle of the river.
[PUBLIC LAW #SF-89-89, July 27, 1989.]
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Title 26 Sac and Fox Code
Real and Personal Property
Section 139. Islands Formed by a New Channel
If a stream, in forming itself a new arm, divides itself and surrounds land belonging to the owner
of the shore, and thereby forms an island, the island belongs to such owner.
[PUBLIC LAW #SF-89-89, July 27, 1989.]
Section 140. Ownership of Ancient Bed
If a stream forms a new course, abandoning its ancient bed, the owners of the land newly
occupied by the streambed take, by way of indemnity, the ancient bed abandoned, each in
proportion to the land of which he has been deprived.
[PUBLIC LAW #SF-89-89, July 27, 1989, as amended by PL #SF-07-88, February 5, 2007.]
Section 141. Things Inseparably United
When things belonging to different owners have been united so as to form a single thing, and
cannot be separated without injury, the whole belongs to the owner of the thing which forms the
principal part, who must, however, reimburse the value of the residue to the other owner, or
surrender the whole to him upon payment for the principal part. If neither chooses to reimburse
the other their fair share of the value, the court may order the thing sold, and divide the proceeds
as equity and justice may require.
[PUBLIC LAW #SF-89.-89, July 27, 1989, as amended by PL #SF-07-88, February 5, 2007.]
Section 142. Principal Part Defined
That part is to be deemed the principal to which the other has been united only for the use,
ornament or completion of the former, unless the latter is the more valuable and has been united
without the knowledge of its owner, who may in the latter case require it to be separated and
returned to him, although some injury should result to the thing to which it has been united.
[PUBLIC LAW #SF-89-89, July 27, 1989.]
Section 143. Principal Part, How Determined
If neither part can be considered the principal, within the rules prescribed by the last section, the
more valuable, or if the values are nearly equal, the more considerable in bulk, is to be deemed
the principal part.
[PUBLIC LAW #SF-89-89, July 27, 1989.]
-10-
Title 26 Sac and Fox Code
Real and Personal Property
Section 144. Work and Material Combined
If one makes a thing from materials belonging to another, the latter may claim the thing on
reimbursing the value of the workmanship, unless the value of the workmanship exceeds the
value of the materials, in which case the thing belongs to the maker, on reimbursing the value of
the materials.
[PUBLIC LAW #SF-89-89, July 27, 1989.]
Section 145. Blended Materials
Where one has made use of materials which in part belong to him and in part to another, in order
to form a thing of a new description, without having destroyed any of the materials, but in such a
way that they cannot be separated without inconvenience, the thing formed is common to both
proprietors in proportion, as respects the one, of the materials belonging to him, and as respects
the other, of the materials belonging to him and the price of his workmanship.
[PUBLIC LAW #SF-89-89, July 27, 1989.]
Section 146. Admixtures of Materials of Different Owners
When a thing has been formed by the admixture of several materials of different owners, and
neither can be considered the principal substance, an owner, without whose consent the
admixture was made, may require a separation, if the materials can be separated without
inconvenience. If they cannot be thus separated, the owners acquire the thing in common, in
proportion to the quantity, quality and value of their materials; but if one of the materials of one
were far superior to those of the others, both in quantity and value, he may claim the thing on
reimbursing to the others the value of their materials.
[PUBLIC LAW #SF-89-89, July 27, 1989.]
Section 147. Use Without Owner’s Consent
The foregoing sections of this article are not applicable to cases in which one willfully uses the
materials of another without his consent; but, in such cases, the product belongs to the owner of
the material, if its identity can be traced.
[PUBLIC LAW #SF-89-89, July 27, 1989.]
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Title 26 Sac and Fox Code
Real and Personal Property
Section 148. Right of Owner
In all cases where one, whose material has been used without his knowledge, in order to form a
product of a different description, can claim an interest in such product, he has an option to
demand either restitution of his material in kind, in the same quantity, weight, measure and
quality or the value thereof; or where he is entitled to the product, the value thereof in place of
the product.
[PUBLIC LAW #SF-89-89, July 27, 1989.]
Section 149. Damages
One who wrongfully employs materials belonging to another is liable to him in damages, as well
as under the foregoing provisions of this article.
[PUBLIC LAW #SF-89-89, July 27, 1989.]
Section 150. Reserved
-12-
Title 26 Sac and Fox Code
Real and Personal Property
SUBCHAPTER C
UNCLAIMED PROPERTY
Section 151. Definitions
As used in this subchapter, unless the context otherwise requires:
(A)
“Banking organization” means any bank, trust company, savings bank, safe
deposit company, or a private banker engaged in business in the Sac and Fox jurisdiction.
(B)
“Business association” means any corporation (other than a public corporation),
joint-stock company, business trust, partnership, or any association for business purposes of two
or more individuals.
(C)
“Financial organization” means any savings and loan association, building and
loan association, credit union, or investment company domiciled or incorporated within the Sac
and Fox jurisdiction, or engaged in business in the Sac and Fox jurisdiction.
(D)
“Holder” means any person in possession of property subject to this subchapter
belonging to another, or who is trustee in case of a trust, or is indebted to another on any
obligation subject to this subchapter.
(E)
“Life insurance corporation” means any association or corporation domiciled or
incorporated within the Sac and Fox jurisdiction, or transacting within this jurisdiction the
business of insurance on the lives of persons or insurance appertaining thereto, including, but not
by way of limitation, endowments and annuities.
(F)
“Owner” means a depositor in case of a deposit, a beneficiary in case of a trust, a
creditor, claimant, or payee in case of other chooses in action, or the owner of record of corporate
stock or other evidence of beneficial ownership in a business organization or a person claiming
under him by reason of a decree of a court of record or by reason of an instrument in writing
executed by such owner of record.
(G)
“Person” means any individual, business association, government or political
subdivision, public corporation, public authority, estate, trust, two or more persons having a joint
or common interest, or any other legal or commercial entity, except that no property of the Sac
and Fox Nation or its agencies shall be deemed abandoned unless the Sac and Fox Nation or the
Agency having the authority to dispose of said property explicitly declares in writing its intent to
abandon such property.
(H)
“Utility” means any person domiciled or incorporated in the jurisdiction of the
Sac and Fox Nation or who owns or operates for public use any plant, equipment, property,
franchise, or license for the transmission of communications, or the production, storage,
transmission, sale, delivery, or furnishing of electricity, water, steam, or gas.
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Title 26 Sac and Fox Code
Real and Personal Property
(I)
“Memorandum” shall include a mark, symbol or statement indicating knowledge
of or interest in funds on deposit.
[PUBLIC LAW #SF-89-89, July 27, 1989.]
Section 152. Property Held by Banking or Financial Organizations
The following property held or owing by a banking or financial organization is presumed
abandoned.
(A)
Any demand, savings, or matured time deposit made in the Sac and Fox
jurisdiction with a banking organization, together with any interest or dividend thereon,
excluding any charges that may lawfully be withheld, unless the owner has, within fourteen (14)
years:
(1)
Increased or decreased the amount of the deposit, or presented the
passbook or other similar evidence of the deposit for the crediting of interest; or
(2)
deposit; or
Corresponded in writing with the banking organization concerning the
(3)
Otherwise indicated an interest in the deposit as evidenced by a
memorandum on file with the banking organization.
(B)
No such deposit shall be presumed abandoned, however, if one or more
statements or other business communications concerning such deposit have been sent by first
class mail by the banking or financial organization involved to the depositor thereof at least once
each year for a period of at least three (3) years, and no such statement or communication has
been returned for inability to make delivery to the addressee.
(C)
Any funds paid in the jurisdiction of the Sac and Fox Nation toward the purchase
of shares or other interest in a financial organization or any deposit made therewith in this
jurisdiction, and any interest or dividends thereon, excluding any charges that may lawfully be
withheld, unless the owner has within fourteen (14) years:
(1)
Increased or decreased the amount of the funds or deposit, or presented an
appropriate record for the crediting of interest or dividends; or
(2)
Corresponded in writing with the financial organization concerning the
funds or deposit; or
(3)
Otherwise indicated an interest in the funds or deposit as evidenced by a
memorandum on file with the financial organization.
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Real and Personal Property
(D)
No such funds or deposits shall be presumed abandoned, however, if one or more
statements or other business communications concerning such deposit have been sent by first
class mail by the banking financial organization involved to the depositor thereof at least once
each year for a period of at least three (3) years, and no such statement or communication has
been returned for inability to make delivery to the addressee.
(E)
Any sum payable on checks certified in the jurisdiction of the Sac and Fox Nation
or on written instruments issued in this jurisdiction on which a banking or financial organization
is directly liable, including, by way of illustration but not of limitation, certificates of deposit and
drafts, that has been outstanding for more than fourteen (14) years corresponded in writing with
the banking or financial organization concerning it, or otherwise indicated an interest as
evidenced by a memorandum on file with the banking or financial organization.
(F)
Any sum payable on a travelers’ check, unless the owner has within fifteen (15)
years corresponded in writing with the banking or financial organization concerning it, or
otherwise indicated an interest as evidenced by a memorandum on file with the banking or
financial organization. Provided, that no such travelers’ check shall be presumed abandoned if
one or more statements or other business communications concerning such travelers’ check have
been sent by first class mail by the banking or financial organization involved to the purchaser
thereof, at least once each year for a period of three (3) years, and no such statement or
communication has been returned for inability to make delivery to the addressee.
(G)
Any funds or other personal property, tangible or intangible, removed from a safe
deposit box or any other safekeeping repository or agency, or collateral deposit in the Sac and
Fox jurisdiction on which the lease or rental period has expired due to non payment of rental
charges or other reason, or any surplus amounts arising from the sale thereof pursuant to law, that
have been unclaimed by owner for more than fourteen (14) years from the date on which the
lease or rental period expired; except as otherwise provided by other laws of the Sac and Fox
Nation.
[PUBLIC LAW #SF-89-89, July 27, 1989.]
Section 153. Unclaimed Funds Held by Life Insurance Corporations
(A)
Unclaimed funds, as defined in this section, held and owing by a life insurance
corporation shall be presumed abandoned if the last-known address, according to the records of
the corporation, of the person entitled to the funds is within the jurisdiction of the Sac and Fox
Nation. If a person other than the insured or annuitant is entitled to the funds and no address of
such person is known to the corporation or if it is not definite and certain from the records of the
corporation what person is entitled to the funds it is presumed that the last-known address of the
person entitled to the funds is the same as the last-known address of the insured or annuitant
according to the records of the corporation.
(B)
“Unclaimed funds”, as used in this section, means all monies held and owing by
and life insurance corporation unclaimed and unpaid for more than fourteen {14) years after the
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Real and Personal Property
monies became due and payable as established from the records of the corporation under any life
or endowment insurance policy or annuity contract which has matured or terminated. A life
insurance policy not matured by actual proof of death of the insured is deemed to be matured and
the proceeds thereof are deemed to be due and payable if such policy was in force when the
insured attained the limiting age under the morality table or which the reserve is based, unless the
person appearing entitled thereto has within the preceding fourteen (14) years (1) assigned,
readjusted, or paid premiums on the policy, or subjected the policy to loan, or (2) corresponded
in writing with the life insurance corporation concerning the policy. Monies otherwise payable
according to the records of the corporation are deemed due and payable although the policy or
contract has not been surrendered as required.
[PUBLIC LAW #SF-89-89, July 27, 1989.]
Section 154. Funds Held by Utilities
Any deposit made by a subscriber with a utility to secure payment for, or any sum paid in
advance for, utility services to’ be furnished in the Sac and Fox jurisdiction, less any lawful
deductions, that has remained unclaimed by the person appearing on the records of the utility
entitled thereto for more than fourteen (14) years after the termination of the services for which
the deposit or advance payment was made shall be presumed abandoned.
[PUBLIC LAW #SF-89-89, July 27, 1989.]
Section 155. Undistributed Dividends and Distributions of Business Associations
Any stock or other certificate of ownership, or any dividend, profit, distribution, interest,
payment or principal, or other sum held or owing by a business association for or to a
shareholder, certificate holder, member bondholder, or other security holder or a participating
patron of a cooperative, who has not claimed it, or corresponded in writing with a business
association concerning it, within fourteen (14) years after the date prescribed for payment or
delivery, is presumed abandoned if:
(A)
It is held or owing by a business association organized under the laws of or
created in the Sac and Fox jurisdiction, or
(B)
It is held or owing by a business association doing business in the Sac and Fox
jurisdiction, but not organized under the laws of or created in this jurisdiction, and the records of
the business association indicate that the last known address of the person entitled thereto is in
the jurisdiction of the Sac and Fox Nation.
[PUBLIC LAW #SF-89-89, July 27, 1989.]
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Section 156. Property Held by Fiduciaries
All intangible personal property and any income or increment thereon held in a fiduciary capacity
for the benefit of another person is presumed abandoned unless the owner has, within fourteen
(14) years after it becomes payable or distributable, increased or decreased the principal,
accepted payment of principal or income, corresponded in writing concerning the property, or
otherwise indicated an interest as evidenced by a memorandum on file with the fiduciary:
(A)
If the property is held by a banking organization or a financial organization, or by
a business association organized under the laws of or created in the jurisdiction of the Sac and
Fox Nation; or
(B)
If it is held by a business association, doing business in this jurisdiction, but not
organized under the laws of ox created in the jurisdiction of the Sac and Fox Nation, and the
records of the business association indicate that the last known address of the person entitled
thereto is in this jurisdiction, ox
(C)
If it is held in the Sac and Fox jurisdiction, by any other person.
[PUBLIC LAW #SF-89-89, July 27, 1989.]
Section 157. Property Held by Courts, Public Officers, and Agencies
(A)
All tangible and intangible personal property held for the owner by any court,
public corporation, public authority, ox public officer of the Sac and Fox Nation, or a political
subdivision thereof, that has remained unclaimed by the owner for more than three (3) years is
presumed abandoned.
(B)
All tangible personal property held by any public or Tribal Housing Authority that
has remained unclaimed by the owner for more than ninety (90) days after the eviction of the
owner from a Housing Unit of the Authority is presumed abandoned.
[PUBLIC LAW #SF-89-89, July 27, 1989.]
Section 158. Miscellaneous Personal Property Held for Another
All intangible personal property, not otherwise covered by this subchapter, including any income
or increment thereon and deducting any lawful charges, that is held- or owing-in the jurisdiction
of the Sac and Fox Nation in the ordinary course of the holder’s business and has remained
unclaimed by the owner for more than fourteen (14) years after it became payable or distributable
is presumed abandoned; provided, that no travelers’ check shall be presumed abandoned until it
has been outstanding for twenty-one (21) years from its date of issuance.
[PUBLIC LAW #SF-89-89, July 27, 1989.]
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Real and Personal Property
Section 159. Mineral Interest in Land
(A)
Any mineral interest in land in the jurisdiction of the Sac and Fox Nation shall be
subject to escheat under the provisions of this subchapter if it generates an intangible property
interest which is presumed abandoned under this subchapter.
(B)
All holders of intangible property interest generated by a mineral interest in land
in the Sac and Fox jurisdiction shall report to the Commission, in addition to the reporting
otherwise required by law, the names of the last-known owners of record of the unclaimed
mineral interest, the legal description of the land affected, and the extent of the property rights in
the mineral interest.
(C)
The Commission shall send a copy of the report required by this section to the
Attorney General.
(D)
this Section.
The Commission is authorized to develop procedures for the implementation of
[PUBLIC LAW #SF-89-89, July 27, 1989.]
Section 160. Additional Conditions Leading to Presumption of Abandonment
Unless otherwise provided, intangible personal property is subject to a presumption of
abandonment under this subchapter if the appropriate conditions leading to a presumption of
abandonment, described in this subchapter are met, and if:
(A)
The last known address of the owner appearing on the records of the holder is in
the jurisdiction of the Sac and Fox Nation, whether or not the holder:
(1)
Is domiciled in the this jurisdiction or is engaged in or transacts business
in the Sac and Fox jurisdiction, or
(2)
If a court, public corporation, public authority, or public officer, is a court,
public corporation, public authority, or public officer of the Sac and Fox Nation or a
political subdivision thereof; or,
(B)
No address of the owner appears on the records of the holder, and the holder is:
(1)
Domiciled in the Sac and Fox jurisdiction, or
(2)
A court of the Sac and Fox Nation, or
(3)
A federal court within the jurisdiction of the Sac and Fox Nation, or
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Real and Personal Property
(4)
A public corporation, a public authority, or public officer of the Sac and
Fox Nation or a political subdivision thereof; or,
(C)
(1)
The last-known address of the owner appearing on the records of the
holder is in another jurisdiction and
(2)
Such other jurisdiction makes no provisions in its laws for the escheat or
taking custody of such property, and
(3)
The holder is:
(a)
Domiciled in the jurisdiction of the Sac and Fox Nation, or
(b)
A court of the Sac and Fox Nation, or
(c)
A federal court within the Sac and Fox jurisdiction, or
(d)
A public corporation, public authority, or public officer of the Sac
and Fox Nation or a political subdivision thereof.
[PUBLIC LAW #SF-89-89, July 27, 1989.]
Section 161. Report of Abandoned Property
(A)
Every person holding funds or other property, tangible or intangible, presumed
abandoned under this subchapter shall report to the Tax Commission with respect to the property
as hereinafter provided.
(B)
The report shall be verified and shall include:
(1)
The name, if known, and last-known address, if any, of each person
appearing from the records of the holder to be the owner of property of the value of
Twenty-five Dollars ($25.00) or more presumed abandoned under this subchapter.
(2)
In case of unclaimed funds of life insurance corporations, the full name of
the insured or annuitant and his last-known address according to the life insurance
corporation’s records;
(3)
The nature and identifying number, if any, or description of the property
and the amount appearing from the records to be due, except that (A) items of value under
Twenty-five Dollars ($25.00) each may be reported in the aggregate, and (B) on request
of the holder, the Tax Commission may, in its discretion, approve the reporting of one or
more categories of unclaimed funds in the aggregate on an estimated basis, whenever it
shall appear that each of the items in any such category has a value of less than Twenty-
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Real and Personal Property
five Dollars ($25.00) and the cost of reporting such items would be disproportionate to
the amounts involved; and,
(4)
The date when the property became payable, demandable or returnable,
and the date of the last transaction with the owner with respect to the property.
(C)
If the person holding property presumed abandoned is a successor to other persons
who previously held the property for the owner, or if the holder has changed his name while
holding the property, he shall file with his report all prior-known names and addresses of each
holder of the property.
(D)
The report shall be filed before November 1 of each year as of June 30 next
preceding, but the report of life insurance corporations shall be filed before May 1 of each year
as of December 31 next preceding. The Tax Commission may postpone the reporting date upon
written request by any person required to file a report.
(E)
Before filing the annual report the holder of property presumed abandoned under
this subchapter shall, if the owner’s’s claim has not been barred by the statute of limitations,
communicate with the owner with respect to property of the value of Twenty-five Dollars
($25.00) or more at his last-known address if any such address is known to the holder, setting
forth the provisions hereof necessary to occur in order to prevent abandonment from being
presumed; provided, however, that the holder in his discretion need not so communicate with the
owner, or otherwise exercised due diligence to ascertain the whereabouts of the owner. The
mailing of notice by first class mail to the last-known address of the owner by the holder shall
constitute compliance with this subsection and, if done, no further act on the part of the holder
shall be necessary.
(F)
Verification, if made by a partnership, shall be executed by a partner; if made by
an unincorporated association or private corporation, by an Officer; and if made by a public
corporation, by its chief fiscal officer.
(G)
Notwithstanding anything to the contrary in this subchapter:
(1)
The initial report filed under this subchapter shall include all items of
property that would have been presumed abandoned if this subchapter had been in effect
during the two-year period preceding its effective date; provided, that those items of
property as to which the bar of the applicable statue of limitations has accrued as of the
effective date thereof need not be reported.
(2)
If the aggregate value of all items of property held for or owed or
distributable to an owner and unclaimed hereunder is less than Twenty-five Dollars
($25.00), such property shall not be required to be reported under this subchapter.
(H)
Should any holder wish to be relieved of the burden of holding such excludable
property it may, at its election, report such property and be accorded the protection of Section 64
of this Title.
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Real and Personal Property
[PUBLIC LAW #SF-89-89, July 27, 1989.]
Section 162. Notice and Publication of Lists of Abandoned Property
(A)
Within one hundred twenty (120) days from the filing of the report required by
Section 61 the Tax Commission shall cause notice to be published once in a legal newspaper.
(B)
The published notice shall be entitled “Notice of Names of Persons Appearing to
be Owners of Abandoned Property,” and shall contain:
(1)
The names in alphabetical order and last known addresses, if any, of
persons listed in the report and entitled to notice.
(2)
A statement that information concerning the amount or description of the
property and the name and address of the holder may be obtained by any persons
possessing an interest in the property by addressing an inquiry to the Commission;
(3)
A statement that if proof of claim is not presented by the owner to the
holder and if the owner’s right to receive the property is not established to the holder’s
satisfaction within sixty-five (65) days from the date of the notice the abandoned property
will be placed not later than eighty-five (85) days after such publication date in the
custody of the Tax Commission to which all further claims must thereafter be directed.
(C)
The Tax Commission is not required to publish in such notice any item of less
than Twenty-five ($25.00) unless it deems such publication to be in the public interest.
(D)
Within one hundred twenty (120) days from the receipt of the report required by
Section 61, the Tax Commission shall mail a notice to each person having an address listed
therein who appears to be entitled to property of the value of Two Hundred Fifty Dollars
($250.00) oz more presumed abandoned under the subchapter.
(E)
The mailed notice shall contain:
(1)
A statement that, according to a report filed with the Tax Commission,
property is being held to which the addressee appears entitled.
(2)
The name and address of the person holding the property and any
necessary information regarding changes of name and address of the holder.
(3)
A statement that, if satisfactory proof of claim I not presented by the
holder by the date specified I the published notice, the property will be placed I the
custody of the Tax Commission to whom all further claims must be directed.
[PUBLIC LAW #SF-89-89, July 27, 1989.]
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Real and Personal Property
Section 163. Payment or Delivery of Abandoned Property
Every person who has filed a report as provided by Section 61 shall within twenty (20) days after
the time specified in Section 62 for claiming the property from the holder, or in the case of sums
payable or travelers’ checks or money order presumed abandoned under Section 52 within twenty
(20) days after the filing of the report, pay or deliver to the Commission al abandoned property
specified in the report after first deducting therefrom expenses incurred in the mailing of notices
required be Section 61(e). Any such person who, pursuant to a statutory requirement, filed a
bond or bonds pertaining to such abandoned property with the Tax Commission may also deduct
an amount equivalent to that part of the bond premium attributable to such abandoned property.
Provided, however, that if the owner establishes his right to receive the abandoned property to
the satisfaction of the holder within the time specified in Section 62, or if it appears that for some
other reason the presumption of abandonment is erroneous, the holder need not pay or deliver the
property, which will no longer be presumed abandoned, to the Commission, but in lieu thereof
shall file a verified written explanation of the proof of claim or of the error in the presumption of
abandonment.
[PUBLIC LAW #SF-89-89, July 27, 1989.]
Section 164. Relief from Liability by Payment or Delivery
Upon the payment or delivery of abandoned property to the Tax Commission, the Sac and Fox
Nation shall assume custody and shall be responsible for the safekeeping thereof. Any person
who pays or delivers abandoned property to the Tax Commission under this subchapter is
relieved of all liability to the extent of the value of the property so paid or delivered for any claim
which then exists or which thereafter may arise or be made in respect to the property. Any holder
who has paid monies to the Tax Commission pursuant to this subchapter may make payment to
any person appearing to such holder to be entitled thereto; and upon proof of such payment and
proof that the payee was entitled thereto the Tax Commission shall forthwith reimburse the
holder for the payment.
[PUBLIC LAW #SF-89-89, July 27, 1989.]
Section 165. Income Accruing after Payment or Delivery
When property is paid or delivered to the Commission under this subchapter, the owner is not
entitled to receive income or other increments accruing thereafter, which income or other
increments shall be deposited in the Treasury Account of the Sac and Fox Nation as a
miscellaneous receipt of the Tax Commission.
[PUBLIC LAW #SF-89-89, July 27, 1989.]
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Real and Personal Property
Section 166. Periods of Limitation Not a Bar
The expiration of any period of time specified by statute or court order, during which an action or
proceeding may be commenced or enforced to obtain payment of a claim for money or recovery
of property, shall not prevent the money or property from being presumed abandoned property,
nor affect any duty to file a report required by this subchapter or to pay or deliver abandoned
property to the Commission.
[PUBLIC LAW #SF-89-89, July 27, 1989.]
Section 167. Sale of Abandoned Property
(A)
All abandoned property other than money delivered to the Commission under this
subchapter shall within one (1) year after the delivery be sold by it to the highest bidder at public
sale. The Commission may decline the highest bid and re-offer the property for sale if it
considers the price bid insufficient. It need not offer any property for sale if, in its opinion, the
probable cost of sale exceeds the value of the property.
(B)
Any sale held under this section shall be preceded by a single publication of notice
thereof at least three (3) weeks in advance of sale in a legal newspaper.
(C)
The purchaser at any sale conducted by the Commission pursuant to this
subchapter shall receive title to the property purchased, free from all claims of the owner or prior
holder thereof and of all persons claiming through or under them. The Commission shall execute
all documents necessary to complete the transfer of title.
[PUBLIC LAW #SF-89-89, July 27, 1989.]
Section 168. Unclaimed Property Fund - Deposits
(A)
There is hereby created in the Treasury of the Sac and Fox Nation the “Unclaimed
Property Fund,” the principal of which shall constitute a trust fund for persons claiming any
interest in any property delivered to the Sac and Fox Nation under this subchapter and may be
invested as hereinafter provided and shall not be expended except as provided in this subchapter.
All funds received under this subchapter, including the proceeds from the sale of abandoned
property, shall forthwith be deposited by the Tax Commission in the Unclaimed Property Fund,
herein created, except that said Commission may before making any deposit to said fund deduct:
(1)
All costs in connection with the sale of abandoned property;
(2)
All costs of mailing and publication in connection with any abandoned
property; and
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Title 26 Sac and Fox Code
Real and Personal Property
(3)
Reasonable service charges not to exceed one percent (1%) of the monies
accruing to the Sac and Fox Nation under this subchapter.
(B)
Before making a deposit to the Unclaimed Property Fund, the Tax Commission
shall record the name and last-known address of each person appearing from the holders’ reports
to be entitled to the abandoned property and of the name and last-known address of each insured
person or annuitant, and with respect to each policy or contract listed in the report of a life
insurance corporation, its number, the name of the corporation, and the amount due. The record
shall be available for public inspection at all reasonable business hours.
[PUBLIC LAW #SF-89-89, July 27, 1989.]
Section 169. Authority of Tax Commission
The Tax Commission is hereby vested with authority and the responsibility for the control and
management of all monies in the Unclaimed Property Fund as provided in this subchapter. It
shall be the duty of said Commission to take such steps as may be necessary to preserve the
principal of monies accruing to the Unclaimed Property Fund as a trust for persons claiming any
interest in any property delivered to the Sac and Fox Nation under this subchapter.
[PUBLIC LAW #SF-89-89, July 27, 1989.]
Section 170. Investment of Unclaimed Property
The Commission shall have the care, custody, and management of the fund, and may invest it, at
the best realizable rate, in certificates of deposit, savings certificates or short term obligations of
the United States Government or the Sac and Fox Nation in which it shall be legal to invest the
public funds of the Sac and Fox Nation or of any agency or instrumentality thereof. The income
from such investments shall be paid into the Treasury Account.
[PUBLIC LAW #SF-89-89, July 27, 1989.]
Section 171. Claim for Abandoned Property
Any person claiming an interest in any property delivered to the Sac and Fox Nation under this
subchapter may file a claim thereto or to the proceeds from the sale thereof on the form
prescribed by the Tax Commission within two years after publication of the notice required by
Section 62.
[PUBLIC LAW #SF-89-89, July 27, 1989.]
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Title 26 Sac and Fox Code
Real and Personal Property
Section 172. Determination of Claims
(A)
The Tax Commission shall consider any claim filed under this subchapter and
may hold a hearing and receive evidence concerning it. If a hearing is held, the Commission
shall prepare a finding and decision in writing on each claim filed, stating the substance of any
evidence heard by it and the reasons for its decision. The decision shall be a public record.
(B)
Upon approval by the Tax Commission the claim shall be paid forthwith from the
Unclaimed Property Fund. The claim shall be paid after deduction for costs of notices or sale or
for service charges.
[PUBLIC LAW #SF-89-89, July 27, 1989.]
Section 173. Judicial Action upon Determinations
Any person aggrieved by a decision of the Tax Commission, or as to whose claim the Tax
Commission has failed to act within ninety (90) days after the filing of the claim, may commence
an action in the District Court to establish his claim. The proceeding shall be brought within
ninety (90) days after the decision of the Tax Commission and within one hundred eight) (180)
days from the filing of the claim, if the Tax Commission fails to act.
[PUBLIC LAW #SF-89-89, July 27, 1989.]
Section 174. Election to Receive Property
The Tax Commission, after receiving reports of property deemed abandoned pursuant to this
subchapter may decline to receive any property reported which it deems to have a value less than
the cost of giving notice and holding sale, or said Commission may, if deemed desirable because
of the small sum involved, postpone taking possession until a sufficient sum accumulates.
[PUBLIC LAW #SF-89-89, July 27, 1989.]
Section 175. Examination of Records
(A)
If the Commission has reason to believe that any person has failed to report
property in accordance with this subchapter, it may make a demand by certified mail, return
receipt requested, that such report be made and filed with the Commission. The report of
abandoned property or any other report required shall be made and filed with the Commission
within sixty (60) days after receipt of the demand.
(B)
The Commission may at reasonable times and upon reasonable notice examine the
records of any person if the Commission has reason to believe that such person has failed to
report property that should have been reported pursuant to this subchapter.
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Title 26 Sac and Fox Code
Real and Personal Property
[PUBLIC LAW #SF-89-89, July 27, 1989.]
Section 176. Proceeding to Compel Delivery
(A)
If any person refuses to deliver property to the Commission as required under this
subchapter, the Commission shall bring an action in a court of appropriate jurisdiction to enforce
such delivery.
(B)
The actual cost of any examination or investigation incurred by the Commission
in administering any provision of this subchapter shall be borne by the holder examined or
investigated, provided:
(1)
A written demand for a report shall have been made and not forthcoming
in time specified in Section 76; or
(2)
A report has not been received, and the examination or investigation by the
Commission establishes that the holder willfully or without reasonable cause has failed to
report property reportable under this subchapter and property reportable thereunder is
discovered by such examination or investigation; or
(3)
A report has been received and the examination or investigation by the
Commission establishes that the holder willfully or without reasonable cause has failed to
report additional property reportable under this subchapter.
[PUBLIC LAW #SF-89-89, July 27, 1989.]
Section 177. Penalties
(A)
Any person who willfully fails to render any report or perform other duties
required under this subchapter shall for each day such report is withheld forfeit a penalty of not
more than five hundred dollars ($500.00) per day.
(B)
Any person who willfully refuses to pay or deliver abandoned property to the Tax
Commission as required under this subchapter shall forfeit a penalty of not more than $500.00
per day for each day such delivery is withheld.
[PUBLIC LAW #SF-84-89, July 27, 1989.]
Section 178. Escheat
Any property which remains unclaimed for a period of two years after publication of the notice
required by Section 62(a) shall escheat to the Sac and Fox Nation and shall be transferred from
the Unclaimed Property Fund to the general unappropriated monies in the Treasury Account.
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Title 26 Sac and Fox Code
Real and Personal Property
[PUBLIC LAW #SF-89-89, July 27, 1989.]
Section 179. Rules and Regulations
The Tax Commission is hereby authorized to make necessary rules and regulations to carry out
the provisions of this Subchapter.
[PUBLIC LAW #SF-89-89, July 27, 1989.]
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Title 26 Sac and Fox Code
Real and Personal Property
SUBCHAPTER D
EXEMPT PROPERTY
Section 181. Exempt Property
(A)
Except as otherwise provided in this subchapter and notwithstanding subsection
(b) herein, the following property shall be reserved to every person residing in the jurisdiction of
the Sac and Fox Nation, exempt from attachment or execution and every other species of forced
sale or seizure for the payment of debts, except as herein provided.
(1)
The homestead of such person, provided that such homestead is the
principal residence of such person.
(2)
A manufactured home, provided that such home is the principal residence
of such person.
(3)
All household and kitchen furniture held primarily for the personal, family
or household use of such person or a dependent of such person.
(4)
Any lot or lots in a cemetery held for the purpose of sepulcher.
(5)
All implements of husbandry used upon the homestead.
(6)
All tools, apparatus and books used in any trade or profession of such
person or a dependent of such person.
(7)
All books, portraits and pictures, and wearing apparel, that are held
primarily for the personal family or household use of such person or a dependent of such
person.
(8)
such person.
All professionally prescribed health aids for such person or a dependent of
(9)
Twenty milk cows and their calves under six (6) months old.
(10)
One hundred chickens.
(11) Two horses and two bridles and two saddles, that are held primarily for the
personal, family, or household use of such person or a dependent of such person.
(12)
Such person’s interest in one motor vehicle.
(13) Two guns held primarily for the personal, family or household use of such
person or a dependent of such person.
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(14)
Real and Personal Property
Twenty hogs and their young under 250 pounds.
(15) Forty head of sheep, goats, and other domesticated stock, and their young
under one year of age, that are held primarily for the personal, family or household use of
such person or a dependent of such person.
(16) All provisions and forage on hand, or growing for home consumption, and
for the use of exempt stock for one (1) year.
(17) Seventy-five percent (75%) of all current wages or earnings for personal or
professional services earned during the last ninety (90) days, except as provided in
proceedings for collection of child support.
(18) Such person’s right to receive alimony, support, separate maintenance or
child support payments to the extent reasonably necessary for the support of such person
and any dependent of such person.
(19) Such person’s interest in a claim for personal bodily injury, death or
workers’ compensation claim, for a net amount not in excess of Fifty Thousand Dollars
($50,000.00), but not including any claim for exemplary or punitive damages.
(20)
All ceremonial or religious items.
(21) Trust or restricted title to any Indian allotment, except pursuant to a
foreclosure sale on a mortgage approved by the Secretary of the Interior or his authorized
representative pursuant to federal law.
(B)
No natural person residing in this jurisdiction may exempt from the property of
the estate in any bankruptcy proceeding the property specified in subsection (d) of Section 522 of
the Bankruptcy Reform Act of 1978 (U.S. Public Law 95-598) except as may otherwise be
expressly permitted under this title or other statutes of the Sac and Fox Nation.
[PUBLIC LAW #SF-89-89, July 27, 1989, as amended by PL #SF-07-88, February 5, 2007.]
Section 182. Order Exempting Earnings from Personal Services
(A)
Following the issuing of an execution, attachment or garnishment process, except
process to collect judgment or order for child support or maintenance of children, by any court,
the debtor, if a resident of this jurisdiction, may file with the District Court his verified
application for an order exempting from such process his earnings for his personal services
rendered at any time during the ninety (90) days next preceding the issuing of such process. If
the application shall state that such earnings are necessary for the maintenance of a family
supported wholly or partly by the labor of the defendant, thereupon, the court shall issue an order
substantially in the following form:
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“In the District Court
Sac and Fox Nation
A.B., Plaintiff v. C.D., Defendant.
Order Exempting Earnings
TO SAID A.B., PLAINTIFF.
On this the ___ day of_____________, 19___ , the defendant, C.D., having filed
herein his verified Application for Order Exempting Earnings From Process, it is
therefore ordered, adjudged and decreed that, the earnings of the said defendant,
C.D., for his personal services rendered at any time during the ninety days
preceding the issuing herein of an execution, attachment or garnishment process
on the ____day of _______, 19___, are exempt from said process and cannot be
applied to the payment of the debt of the said C.D. to the said plaintiff, A.D.
You are hereby notified that you may show cause, if any there be, on the ____day
of _________, 19______, at ______ __.m. o’clock, before the judge to whom this
case is regularly assigned as to why this order should be modified or vacated and
set aside.
________________
Judge”
(B)
The time fixed in said order to show cause shall be not less than five (5) nor more
than twenty (20) days from the date the order is entered. Such order shall be served on the
plaintiff, or his attorney of record, personally or by certified mail, return receipt requested. At the
time set forth in the order, if it shall be made to appear to the satisfaction of the judge that all or
any part of such earnings are not necessary for the maintenance of a family supported wholly or
partly by the labor of the said defendant, then the order shall accordingly be vacated or modified.
[PUBLIC LAW #SF-89-89, July 27, 1989.]
Section 183. Homestead
The homestead of any family in this jurisdiction or the homestead of a single, adult person in this
jurisdiction, whether or not within any Sauk Indian Community, shall consist of not more than
three hundred twenty (320)acres of land, which may be in one or more parcels, to be selected by
the owner. Any temporary renting of the homestead shall not change the character of the same,
when no other homestead has been acquired.
[PUBLIC LAW #SF-89-89, July 27, 1989, as amended by PL #SF-07-88, February 5, 2007.]
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Section 184. Persons Not Protected
The exemption herein provided for must not be construed to apply to the following persons,
namely:
(A)
To a nonresident.
(B)
To a debtor who is in the act of removing his family from the jurisdiction of the
Sac and Fox Nation, or, who has absconded, taking with him his family.
[PUBLIC LAW #SF-89-89, July 27, 1989.]
Section 185. Homestead Exceptions Inapplicable
The exemption of the homestead provided for in this subchapter shall not apply where the debt is
due:
(A)
For the purchase money of such homestead or a part of such purchase money.
(B)
For taxes or other legal assessments due the Sac and Fox Nation.
(C)
For work and material used in constructing improvements thereon with the prior
consent of the owner.
[PUBLIC LAW #SF-89-89, July 27, 1989, as amended by PL #SF-07-88, February 5, 2007.]
Section 186. Exempt Personalty Subject to Attachment or Execution for Wages
None of the personal property mentioned in this chapter, shall be exempt from attachment or
execution for wages of any clerk, mechanic, laborer or servant employed by the owner.
[PUBLIC LAW #SF-89-89, July 27, 1989, as amended by PL #SF-07-88, February 5, 2007.]
Section 187. Pension Money Exempt
There shall also be exempt from levy and sale upon execution or attachment to every resident of
this jurisdiction who became disabled in the service of the United States as a soldier, sailor,
airman, or marine, and any person disabled in the service of the Sac and Fox Nation, all pension
money hereafter received belonging to such person.
[PUBLIC LAW #SF-89-89, July 27, 1989.]
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Section 188. No Exemption on Debt Due Government
Notwithstanding anything in this subchapter, no personal property other than ceremonial or
religious items shall be exempt from attachment, execution, or other forced sale for payment of a
debt due to the Sac and Fox Nation or any Agency thereof except as otherwise specifically
provided by law.
[PUBLIC LAW #SF-89-89, July 27, 1989.]
Section 189. Status of Homestead Patented Lands
All lands held pursuant to a homestead patent shall be considered as exempt homestead property
as described in this subchapter, provided, that the owner of such homestead patented lands shall
have the right to declare a homestead exemption where appropriate on other lands owned by him
under a general patent to the same extent as persons who do not own homestead patented lands,
provided that the maximum limitation on homestead size is not exceeded.
[PUBLIC LAW #SF-89-89, July 27, 1989, as amended by PL #SF-07-88, February 5, 2007.]
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CHAPTER TWO
ASSIGNMENTS OF REAL PROPERTY
OF THE SAC AND FOX NATION
Section 201. Definition of Real Property of the Nation
“Real Property of the Sac and Fox Nation,” or “lands of the Sac and Fox Nation,” or words of
similar import means real property which is either:
(A)
Held by the United States in trust for the Sac and Fox Nation or its agencies, or
(B)
Held by the Sac and Fox Nation or its agencies subject to a restriction against
alienation imposed by the United States, and
(C)
No patent shall be issued under this act for any lands of the Sac and Fox Nation
which were owned by the Sac and Fox Nation on July 24, 1987 absent the consent of the
Governing Council.
(D)
Lands allotted to individual Indians pursuant to the laws of the United States are
not Real Property of the Sac and Fox Nation for purposes of this Chapter unless the individual
owner voluntarily chooses to sell or convey their interest to the Nation. Individual Indian owners
of allotted lands may, at their discretion, convey their interest to the Nation and receive in return
a patent to that interest in those lands or other lands which may be agreed upon.
[Added by PUBLIC LAW #SF-07-88, February 5, 2007.]
Section 202. Patents
(A)
A patent is the written instrument by which the Sac and Fox Nation grants and
assigns to a person or persons the right to exclusive use, possession, dominion, control,
ownership and disposal of its public lands under its laws pursuant to paragraph “f.” of Article VII
of the Federal Corporate Charter of the Sac and Fox Nation ratified July 24, 1987, and the
inherent power of the Sac and Fox Nation to assign its real property as recognized by Johnson v
McIntosh, 21 U.S. (8 Wheat.) 543 (1823).
(B)
The making of an assignment of real property of the Sac and Fox Nation by
issuance of a patent is not intended, and shall not be construed, to affect the title of the Sac and
Fox Nation secured by Federal or State law, whether such real property be held in trust by the
United States or held in fee by the Sac and Fox Nation subject to the restrictions against
alienation imposed by 25 U.S.C. §177, or other federal law.
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(C)
All real property patented under this title shall remain Indian Country as defined
in 18 U.S.C. §1151, and shall remain subject to the exclusive jurisdiction of the Sac and Fox
Nation, and the rights of the Patentee, and the rights of the heirs, devisees, successors, and
assigns of the patentee, shall forever be subject to the laws of the Sac and Fox Nation now
effective or hereafter enacted.
(D)
All questions of use, possession, dominion, control, ownership, and disposal of
real property granted by patent shall be determined exclusively by reference to the laws of the
Sac and Fox Nation, including the Sac and Fox common law.
(E)
The issuance of a patent as provided by law creates a property interest in the land
in the owner thereof, and the holder’s heirs, successors, and assigns which is enforceable against
the Sac and Fox Nation and its agencies, and which may not be taken for public use without
payment of just compensation.
[PUBLIC LAW #SF-89-89 July 27, 1989, as amended by PL #SF-07-88, February 5, 2007.]
Section 203. Types of Assignments and Patents
There shall be two types of assignments and patents of real property issued pursuant to
paragraph “f.” of Article VII of the Charter of the Sac and Fox Nation as follows:
(A)
A homestead assignment evidenced by a Homestead Patent.
(B)
A general assignment evidenced by a General Patent.
[PUBLIC LAW #SF-89-89, July 27, 1989, as amended by PL #SF-07-88, February 5, 2007.]
Section 204. Real Property Records Are Public Records
(A)
All patents issued, and every written instrument filed for record in any office of
the Sac and Fox Nation affecting the use, possession, dominion, control, ownership, or disposal
of the real property conveyed by any such patent are declared to be public records and any person
shall have the right to obtain a copy of any such patent or instrument upon request and paying the
appropriate fees.
(B)
Copies of such patents or instruments certified in the normal manner by the
custodian of the records of the office in which such record is filed as being a true copy of the
patent or instrument as it appears of record in that office, shall be admissible in evidence in the
courts of the Sac and Fox Nation equally with the originals thereof.
[PUBLIC LAW #SF-89-89, July 27, 1989.]
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Section 205. Form and Limitation of Patents
(A)
All patents issued shall be substantially in such form as may be provided in this
Title, or approved by the Attorney General from time to time.
(B)
No patent shall be interpreted or construed as vesting in the patentee, his heirs,
successors, or assigns, any greater interest in the patented properties than the interest which is
owned by the Sac and Fox Nation and provided by this Title to be held in private ownership
according to the laws of the Sac and Fox Nation.
(C)
The interest conveyed by a patent remains subject to any lawful enforceable
interests which existed in the property as of the date of acquisition of title by the Sac and Fox
Nation, and any interests which exists of record.
(D)
These limitations exist regardless of whether these limitations appear on the face
of the patent or any instrument relating thereto in the chain of title.
[PUBLIC LAW #SF-89-89, July 27, 1989, as amended by PL #SF-07-88, February 5, 2007.]
Section 206. Triplicate Originals of Patents to Be Issued
Three originals of each patent issued shall be executed and attested.
[PUBLIC LAW #SF-89-89, July 27, 1989.]
Section 207. Disposition of Triplicate Originals of Patents
(A)
One original of each patent issued shall be filed in the Office of the Secretary of
the Sac and Fox Nation and properly indexed by grantee and legal description.
(B)
One original of each patent issued shall be delivered to the office of the Attorney
General to be filed by him in the office of the clerk of the District Court of the Sac and Fox
Nation. The Attorney General may copy such patent for his files. The Clerk of the District Court
shall properly index the patent by grantee and legal subdivision., and maintain said patent in his
office in a book kept for that purpose.
(C)
One original of each patent, file stamped by the Secretary of the Sac and Fox
Nation and the clerk of the District Court of the Sac and Fox Nation shall be delivered to the
grantee, or some one of them if more than one grantee be named in the patent.
[PUBLIC LAW #SF-89-89 July 27, 1989.]
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Section 208. Real Property Eligible for Assignment and Patents
(A)
Real property owned by the Sac and Fox Nation on the 24th day of July, 1987,
may be patented by the Business Committee only with the consent of the Governing Council.
(B)
Real property acquired by the Sac and Fox Nation by expenditure of tribal funds,
or for other substantial consideration after the 24th day of July, 1987 may be patented only for
adequate consideration, and only with the prior consent of the Business Committee expressed by
resolution.
(C)
Where, the conveyance to the Sac and Fox Nation or other agency of the Sac and
Fox Nation is a gift, or the land is conveyed without significant consideration compared to the
value of the property, or where in the instrument of conveyance to the Sac and Fox Nation, or
other paper attached thereto, it is indicated that the real property is conveyed for the purpose of
being patented under this Title, the real property, upon acceptance, shall be patented in
accordance with the instrument of conveyance or other paper describing the patent to be issued
unless the grantor indicates in writing that no patent is desired.
[PUBLIC LAW #SF-89-89, July 27, 1989, as amended by PL #SF-07-88, February 5, 2007.]
Section 209. Form of Resolution Authorizing Assignment and Patent
(A)
The resolution authorizing assignment and patent of real property of the Sac and
Fox Nation shall state the legal description of the real property whose assignment is authorized,
the type of patent to be issued, the date of acquisition of the property, and whether claims money
or interest earned on claims money was expended to purchase the real property. The resolution
may state such other terms, conditions, or limitations on the authority to issue the patent as may
be appropriate and not inconsistent with this Chapter.
(B)
No separate resolution shall be necessary for a patent to issue upon lands
conveyed to the Nation without consideration, or without significant consideration compared to
the value of the property, and the patent shall issue to the grantor or the grantor’s nominee
immediately upon acceptance of the conveyance.
[PUBLIC LAW #SF-89-89, July 27, 1989, as amended by PL #SF-07-88, February 5, 2007.]
Section 210. Fees
Prior to issuance of any patent, the patentee shall pay the following fees:
(A)
A twenty-five dollar ($25.00) patent issuance fee payable to the Sac and Fox
Nation. The proceeds of the issuance fee shall be deposited in the treasury account to defray the
expense of issuing the patent.
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(B)
A ten dollar ($10.00) filing fee payable to the Sac and Fox Nation. The proceeds
of the filing fee shall be deposited in the court fund to defray the cost of keeping and filing the
record of the patent in the Court Clerk’s office.
[PUBLIC LAW #SF-89-89, July 27, 1989.]
Section 211. Patents Are in Lieu of Allotment
Patents issued pursuant to this Chapter shall be in lieu of allotment of the common lands of the
Sac and Fox Nation pursuant to the General Allotment Act, 25 U.S.C. §331, Act of February 8,
1887, ch. 119, 24 Stat. 338, as amended.
[PUBLIC LAW #SF-89-89, July 27, 1989.]
Section 212.
Patents Do Not Convey Mineral Rights
Patents shall not convey any interest in oil, gas, coal or other hydrocarbon substances, metallic or
non-metallic ores or other valuable solid, liquid, or gaseous compounds, subsurface substances,
or chemical elements unless expressly so stated in the conveyance to the Sac and Fox Nation in
furtherance of the patent or expressly authorized by the resolution approving the patent, if any,
provided, that a patent shall be deemed to convey the right to use so much of the surface or
ground water, gravel, sand, and similar substances as may be necessary for the proper
development of the surface for residence or agricultural usages, or for subsistence.
[Added by PUBLIC LAW #SF-07-88, February 5, 2007.]
Section 213. Easements Upon Patents
(A)
Every Patent shall be subject to a public right-of-way and utility easement thirty
(30) feet wide along each exterior boundary in favor of the Nation, and those authorized by the
Nation, to use as a right-of-way or for the placement of utilities.
(B)
All rights under a Patent remain subject to the traditional and customary servitude
as provided in Section 110(C) of this Title.
[Added by PUBLIC LAW #SF-07-88, February 5, 2007.]
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Title 26 Sac and Fox Code
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SUBCHAPTER A
CONVEYANCES FOR ISSUANCE OF PATENT
Section 221. Authorization
Any person may convey real property located within the areas described in Article I of the
Articles of Agreement made and entered into at the seat of Government of the Sac and Fox
Nation in the Indian Territory on the twelfth day of June eighteen hundred and ninety, by and
between David H. Jerome, Alfred M. Wilson, and Warren G. Sayre, Commissioners on the part
of the United States, appointed for that purpose, and Ma-Ka-Sa-To, Principal Chief and Moses
Keokuk, First Assistant Principal Chief on the part of the Sac and Fox Nation, and Article 2 of
the Treaty between the Sac and Fox Nation and the United States made and entered into at St.
Louis on November 4, 1804, and not within the reservation area of any other Indian Tribe, to the
Sac and Fox Nation for the purpose of having said real property patented under this Title to the
grantor, the grantor's nominee, or for the general benefit of the Sac and Fox Nation.
[PUBLIC LAW #SF-89-89, July 27, 1989, as amended by PL #SF-07-88, February 5, 2007.]
Section 222. Acceptance of Conveyance to Sac and Fox Nation
(A)
All lands acquired by the Sac and Fox Nation shall be taken in the name of the
United States in trust for the Sac and Fox Nation pursuant to Sections 5 and 17 of the Act of June
18, 1934, 48 Stat. 985 (25 U.S.C. §§465, 477) and are subject to the restrictions imposed by said
Section 17 and the corporate charter.
(B)
The Sac and Fox Attorney General shall approve all conveyance documents for
legal sufficiency, and, prior to the expenditure of any funds by the Nation in payment for any
interest in lands, the Attorney General, or some attorney authorized by him, shall issue an
opinion that the title to the real property contracted for will be received upon execution of the
conveyance documents.
(C)
Upon approval of the conveyance documents, and the legal title where tribal or
corporate funds are being paid for said lands, the agent for the Nation is authorized to pay sums
due, execute any note, mortgage, or other financing instrument for the purchase money for said
property, and receive the approved documents conveying title to the property. The conveyance
documents shall convey title to the property to the “United States in trust for the Sac and Fox
Nation,” and the conveyance documents shall be promptly delivered to the tribal realty office for
acceptance and processing.
(D)
The tribal realty office shall accept and execute the approval of such conveyances
pursuant to Sections 5 and 17 of the Act of June 18, 1934, 48 Stat. 985, cause the approved
conveyance instruments to be filed of record in the appropriate state or federal land title
recording system, cause the approved conveyance instruments to be filed of record in the land
title recording system of the Sac and Fox Nation, issue any patent to said lands which is
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Real and Personal Property
authorized or required pursuant to the property laws of the Sac and Fox Nation, record the patent
in the land title recording system of the Sac and Fox Nation, and deliver the patent to the proper
owner of the property. The acceptance by the realty officer shall be in substantially the following
form:
The foregoing instrument is approved pursuant to the authority contained in
Sections 5 and 17 of the Act of June 18, 1934, 48 Stat. 985; Section 3 of the Act
of June 26, 1936, (49 Stat. 1967); Article VII of the Charter of the Sac and Fox
Nation, and Public Law #SF-89-89 July 27, 1989, as amended by Public Law
#SF-07-88, February 5, 2007.]
______________________________
Realty Officer
(E)
One copy of each conveyance recorded in a state or federal land title system shall
be forwarded by the tribal realty office to the Secretary of the Interior in order for the Secretary to
enforce the restrictions against certain transfers of the American title to such properties contained
in Section 17 of the Act of June 18, 1934, 48 Stat. 985.
(F)
If the lands acquired were gifted or donated without cost to the Nation, the realty
officer shall promptly issue a patent pursuant to tribal property law to the person who donated
said lands or their nominee, unless that person expressly waives their right to receive such patent
in writing. Any lands so acquired shall remain subject to any rights of third parties which are of
record in the state or federal title recording system applicable to said lands on the date of
conveyance.
[Added by PUBLIC LAW #SF-07-88, February 5, 2007.]
Section 223. Conversion to Trust Status
Land conveyed to the Sac and Fox Nation for the purpose of being patented will be placed in
trust status as soon as possible pursuant to federal law.
[PUBLIC LAW #SF-89-89, July 27, 1989, as amended by PL #SF-07-88, February 5, 2007.]
Section 224. Pre-existing Rights
All pre-existing rights of lien-holders, remainder-men, tenants, creditors, and claimants existing
on the date of conveyance to the Sac and Fox Nation shall not be abridged, but shall be fully
enforceable in the Courts of the Sac and Fox Nation against the patentee, his heirs, successors,
and assigns to the same extent and under the same conditions as if such conveyance and patent
had not occurred. The Courts of the Sac and Fox Nation, in such cases, shall apply their own
rules of procedure, but the substantive rights of the parties not consenting in writing to the
conveyance shall be governed by the law of the jurisdiction which was applicable to such real
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property prior to the conveyance to the Sac and Fox Nation to the end that the rights of those
persons not consenting to the conveyance and patent shall not be diminished.
[PUBLIC LAW #SF-89-89, July 27, 1989.]
Section 225. Designation of Patentee
(A)
The deed of conveyance, or other instrument attached thereto, may designate the
patentee by name, or may state that the conveyance is for assignment by patent to “a person or
persons to be designated by the grantor” or words to similar effect, in which case the patentee
shall have a period of five (5) years from and after the date of acceptance of the conveyance in
which to designate a specific patentee. The grantor may, at his option, designate more than one
patentee for one tract of real property, or cause the tract donated to be patented in parcels.
(B)
A designation of the patentee by the grantor, other than one contained in the deed
of conveyance to the Sac and Fox Nation, shall be acknowledged in the same manner as a deed is
acknowledged.
(C)
If the grantor fails to make a designation during said five (5) year period, as to any
portion of the tract by him conveyed to the Sac and Fox Nation, the grantor’s right to designate
the patentee to such undesignated portions shall lapse, and the real property conveyed and not
designated by the grantor shall thereafter be subject to the use or disposal of the Sac and Fox
Nation, and the grantor shall thereafter have no further rights in such undesignated real property.
(D)
The right to designate the patentee of real property after conveyance to the Sac
and Fox Nation may be transferred, assigned, or conveyed in the same manner that other interests
in real property may be transferred, assigned, or conveyed.
[PUBLIC LAW #SF-89-89, July 27, 1989.]
Section 226. Right of Action for Conveyance
In consideration of the conveyance of property, or the lawful completion of any condition
precedent to the issuance of a Patent pursuant to the laws of the Sac and Fox Nation, the
sovereign immunity of the Sac and Fox Nation, the Sac and Fox Tribe, Inc., and their political or
corporate subdivisions is forever waived in the Courts of the Sac and Fox Nation for the
following claims:
(A)
A Claim that a Patent for property to which claimant is lawfully entitled pursuant
to the laws of the Sac and Fox Nation has not been properly executed, issued, filed, and delivered
within six months after the date the United States accepts title to said property in trust for the Sac
and Fox Nation, or the date the Sac and Fox Nation accepts title on behalf of the United States,
or accepts a fee title subject to federal restrictions against alienation, or the date the patentee is
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identified and a patent requested if later, or that the proper execution, issuance, filing, or delivery
of any patent has been otherwise unlawfully withheld.
(B)
A claim for the right of ownership or possession of land to which the plaintiff or
plaintiff’s predecessor in interest has a right, or is claiming a right direct or remote, pursuant to a
Patent issued according to the property laws of the Sac and Fox Nation. Claims under this
provision may be brought under the theory of inverse condemnation, but if judgement for the
plaintiff is given in such a case, the defendant shall have the option to either:
(1)
pay the fair market value of said property, with interest from the date of
wrongful seizure, and retain the ownership and use thereof, or
(2)
return the property to the plaintiff and pay such amount as the court shall
determine to be equitably due as fair rental value for the term such property was
wrongfully used by the defendant, with interest.
[PUBLIC LAW #SF-89-89, July 27, 1989, as amended by PL #SF-07-88, February 5, 2007.]
Sections 227-240.
Reserved
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SUBCHAPTER B
HOMESTEAD PATENTS
Section 241. Homestead Patent Defined
A homestead patent is the written instrument by which the Sac and Fox Nation grants and assigns
to a member of the Sac and Fox Nation the right to exclusive use, possession, control, ownership,
and disposal of a portion of its public lands under its law pursuant to paragraph “f.” of Article
VII of the Federal Corporate Charter of the Sac and Fox Nation ratified July 24, 1987, and the
inherent power of the Sac and Fox Nation to assign its real property.
[PUBLIC LAW #SF-89-89, July 27, 1989, as amended by PL #SF-07-88, February 5, 2007.]
Section 242. Purpose of Homestead Patents
(A)
The purpose of homestead patent shall be to allow the use of public land by a
member of the Sac and Fox Nation, and his or her family, as a home site and place of residence.
(B)
The Sac and Fox Nation shall have a right of action to enjoin the use of real
property held by a homestead patent in a manner inconsistent with the use of such property as a
residence.
(C)
For purposes of this section, the term “residence” includes family farms and
related pursuits, and small family businesses that are not inconsistent with the use of the
homestead for residential purposes.
[PUBLIC LAW #SF-89-89, July 27, 1989, as amended by PL #SF-07-88, February 5, 2007.]
Section 243. Reserved
Section 244. Eminent Domain
The rights granted in homestead patent are subject to the laws of eminent domain of the Sac and
Fox Nation, provided, that the value of any real property taken in eminent domain proceedings
shall be limited to the higher of the amount paid for such real property or the maximum
allowable in a conveyance of such real property under this subchapter, and the value of any
improvements taken in eminent domain proceeds shall not exceed the higher of the cost paid to
construct such improvements or the market value thereof without regard to the maximum
allowable in a conveyance of such improvements under this subchapter.
[PUBLIC LAW #SF-89-89, July 27, 1989.]
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Section 245. Limitation on Ownership of Homestead Patents
(A)
Title to real property under a homestead patent may be held only by a member of
the Sac and Fox Nation, the Housing Authority of the Sac and Fox Nation, and the Sac and Fox
Nation.
(B)
A non-member of the Sac and Fox Nation may hold a life estate in real property
under a homestead patent, although title to such real property must pass to a member of the Sac
and Fox Nation or escheat to the Sac and Fox Nation.
(C)
A non-member of the Sac and Fox Nation who, in a divorce proceeding in a court
of competent jurisdiction, is awarded custody of one or more minor member(s) of the Sac and
Fox Nation may be awarded possession of, but not title to, real property held under a homestead
patent for a period ending when the youngest of said children reaches the age of eighteen, or
when the non-member no longer has custody of said minor member(s), whichever comes first.
(D)
Notwithstanding any other provision of law, a non-member Indian who is a
participant in a housing program or project of the Housing Authority of the Sac and Fox Nation
shall be considered a member of the Sac and Fox Nation for the limited purpose of allowing that
person, their children, grandchildren, and other direct descendants to hold title to a homestead
patented tract of real estate which that person acquired from the Housing Authority of the Sac
and Fox Nation as a result of any housing program or project, or a similar tract traded with
another such participant with the approval of the Housing Authority of the Sac and Fox Nation.
[PUBLIC LAW #SF-89-89, July 27, 1989, as amended by PL #SF-07-88, February 5, 2007.]
Section 246. Limitation on Conveyances
No conveyance of any interest in real property held under a homestead patent whether voluntary
or involuntary, by operation of law or otherwise (except as provided in Section 245 of this title,
or a tax sale under the laws of the Sac and Fox Nation), shall be of any effect in law or equity
unless said conveyance first be approved in writing by the Housing Authority of the Sac and Fox
Nation under such rules and regulations as the Housing Authority may provide.
[PUBLIC LAW #SF-89-89, July 27, 1989, as amended by PL #SF-07-88, February 5, 2007.]
Section 247. Limitation on Price Paid for Conveyance
(A)
It being the purpose of the homestead patent system to ensure that real property
upon which to make a home will always be affordable for every member of the Sac and Fox
Nation, the Housing Authority shall approve the price to be paid for any conveyance, and no
price higher than that approved by the Housing Authority may be lawfully collected.
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(B)
Real property held under a homestead patent may not be conveyed, and the
Housing Authority shall not approve any attempted conveyance, for a price exceeding.
(1)
thereon, and
(2)
$75.00 for each acre of real property having no permanent building
$3,000 for each acre of real property having a permanent building thereon.
[PUBLIC LAW #SF-89-89, July 27, 1989, as amended by PL #SF-07-88, February 5, 2007.]
Section 248. Housing Authority to Regulate Homestead Patents
(A)
All real property purchased by the Sac and Fox Nation for more than nominal
consideration, and designated by the proper authority as a homestead area, shall be subject to the
provisions of this section. It is specifically declared, as a matter of legislative determination, that
the acquisition of homestead areas is a governmental purpose in furtherance of the public health,
safety, and welfare for which public money may be spent.
(B)
A copy of each designation of real property as an area subject to assignment by
homestead patent shall be delivered to the Housing Authority of the Sac and Fox Nation.
(C)
If any portion of such area will be needed within twelve months by the Housing
Authority for use as a home site for any home ownership program, or subsidized housing
program, the Housing Authority may request that a homestead patent be issued to the Authority
for such portion of the real property as is needed for home sites.
(D)
If no portion of such area will be needed within twelve months by the Housing
Authority for use as home sites, or if any portion of said real property is not needed for such
purpose, the surplus portion shall be subdivided by the Housing Authority into homestead lots of
not less that 2.5 rural acres nor more than 10 rural acres, or into suitable town lots.
[PUBLIC LAW #SF-89-89, July 27, 1989, as amended by PL #SF-07-88, February 5, 2007.]
Section 249. Application for Homestead Certificate
Those members of the Sac and Fox Nation desiring to acquire a homestead tract described in the
proceeding section shall make application therefore to the Housing Authority of the Sac and Fox
Nation on such forms as the Housing Authority shall provide.
[PUBLIC LAW #SF-89-89, July 27, 1989, as amended by PL #SF-07-88, February 5, 2007.]
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Section 250. Preference Categories for Homestead Certificates
(A)
categories:
The Housing Authority shall divide the applications into the following preference
(1)
Those members who are not eligible for subsidized housing assistance in
any federal housing program, and who do not own at least 2.5 rural acres in federal trust
or pursuant to the law of the Sac and Fox Nation within the Sac and Fox Reservation.
(2)
Those members who are eligible for subsidized housing assistance, and
who do not own at least 2.5 rural acres in trust or pursuant to the law of the Sac and Fox
Nation within the Sac and Fox Reservation.
(3)
All other members of the Sac and Fox Nation.
(4)
Individual Indians not members of the Sac and Fox Nation who qualify for
federal housing assistance under federal programs.
(B)
Within each preference category, the rule shall be first come, first served, for the
purpose of receiving a homestead certificate.
(C)
An undivided interest in a Sac and Fox Indian trust allotment shall not be
considered ownership of land for the purpose of this section unless the individual owns more
than 5 undivided acres, and there are less than ten persons holding undivided interests in such
tract.
[PUBLIC LAW #SF-89-89, July 27, 1989, as amended by PL #SF-07-88, February 5, 2007.]
Section 251. Issuance of Homestead Certificate
(A)
Upon receipt of notice that a tract has been set aside as a homestead area, and
upon completion of dividing the tract into suitable homestead lots, the Housing Authority shall
offer the person in category one having the application first in time that persons choice of
available homestead lots, then the person in category one having the application second in time
and so on until all lots have been chosen or all persons served.
(B)
Any person may, without losing his preference position, waive his right to select
any of the available homestead lots. Such waiver may be in writing and in such case shall be
irrevocable until all other persons having an approved application on file at the time of the
waiver shall have had the opportunity to receive one of the available lots. A waiver shall be
presumed if the applicant does not select a lot within 90 days after notice from the Housing
Authority that lots are available, and in such cases the Housing Authority may issue a homestead
certificate to a junior applicant without liability.
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(C)
Upon being notified by the applicant of the lot chosen by that applicant, the
Housing Authority shall issue to that applicant a homestead certificate in such form as the
Attorney General shall provide. The homestead certificate shall entitle the holder thereof to
possession of the homestead lot, the right to use and improve the lot in the same manner as an
owner subject to this Title, and to obtain a homestead patent upon compliance with the
provisions of this Chapter.
[PUBLIC LAW #SF-89-89, July 27, 1989, as amended by PL #SF-07-88, February 5, 2007.]
Section 252. Consideration for and Issuance of Homestead Patent
(A)
Within one year after issuance of the homestead certificate, the certificate holder
shall pay to the Sac and Fox Nation the sum of Five Dollars ($5.00) per acre for each acre or
fraction thereof conveyed to the patentee.
(B)
Within five years after issuance of the homestead certificate, the certificate holder
shall have constructed or placed thereon an improvement suitable for a home for the certificate
holder (including dwellings of rock, frame, brick or similar construction, mobile homes, bark
houses, or other traditional dwellings).
(C)
The certificate holder shall actually and continuously occupy, as the certificate
holder’s home, the improvement for a period of two years after it is constructed or placed upon
the real property.
(D)
Upon verification by the Housing Authority that the foregoing conditions have
been successfully completed, the Housing Authority shall file on the public records its
certification, and thereafter the homestead patent shall be issued to the certificate holder, subject
to the laws of the Sac and Fox Nation. Refusal of the Housing Authority to certify the
completion of the above requirements may be reviewed by the Sac and Fox Courts upon filing of
a petition for review within ninety {90) days after notice of the Housing Authority’s refusal to
issue its certification.
(E)
This section shall not apply to real property conveyed to the Sac and Fox Nation
by any person, including the Housing Authority of the Sac and Fox Nation, for the purpose of
being assigned to the grantor or the grantor’s nominee in which case the patent shall issue
forthwith.
[PUBLIC LAW #SF-89-89, July 27, 1989, as amended by PL #SF-07-88, February 5, 2007.]
Section 253. Extinguishment of Homestead Interests
(A)
Should the certificate holder fail to satisfy the applicable conditions, the Housing
Authority shall file on the public records its certification to that effect signed by its Chairman,
and the homestead certificate shall thereafter be null and void and the real property shall
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thereafter be available for reassignment. The certification by the Housing Authority of failure to
satisfy the applicable conditions may be reviewed by the Sac and Fox Courts upon filing of a
petition for review within ninety (90) days after notice of the Housing Authority’s certification.
(B)
Should a life tenant or tenant for a period of time under this Subchapter fail to
maintain their home on the homestead patented real property for a period of two years, the owner
may maintain an action in the Sac and Fox District Court to declare such term terminated and to
obtain possession of the real property.
(C)
Should an owner having the right to immediate possession of homestead property
fail to maintain their home on the homestead patented real property for a period of two years, the
Housing Authority shall direct the Attorney General to bring an action in the Sac and Fox District
Court to declare the homestead abandoned, and if so declared, the homestead shall escheat to the
Sac and Fox Nation and shall thereafter be conveyed by the Sac and Fox Nation to some eligible
person as a homestead. Persons who are temporarily absent to attend an educational institution,
or for other cause and who have the intent to return within a reasonable period in the opinion of
the Court may be allowed to maintain their ownership for such period subject to any order the
court deems necessary to carry out the purposes of this subchapter and to protect the interests of
the parties.
(D)
This section shall not apply to real property conveyed to the Sac and Fox Nation
by any person, including the Housing Authority of the Sac and Fox Nation, for the purpose of
being assigned to the grantor or the grantor’s nominee.
[PUBLIC LAW #SF-89-89, July 27, 1989, as amended by PL #SF-07-88, February 5, 2007.]
Section 254. Release and Transfer to General Patent
(A)
Any person who has conveyed property to the Sac and Fox Nation to be assigned
by homestead patent, or their heirs, devisees, successors, or assigns then holding title to a portion
of said property, and with the consent of all persons holding an interest in said property, may
surrender the homestead lot to the Sac and Fox Nation for the purpose of receiving without
charge a general patent to said property unless the original conveyance or some interim
conveyance prohibits such action. Such surrenders shall be considered as a conveyance to the
Sac and Fox Nation for the purpose of receiving an assignment by patent, and no further approval
of the issuance of a general patent shall be necessary.
(B)
Land purchased by the Sac and Fox Nation or its agencies and assigned by
homestead patent may be surrendered with the consent of the Business Committee or Governing
Council as may be appropriate, the current owner thereof, and all other persons having any
interest therein, for the purpose of receiving a general patent to said property. In such cases, the
person receiving the general patent shall pay to the Sac and Fox Nation the appraised value of the
land without regard to any improvements placed thereon by any person holding the land pursuant
to the homestead certificate or homestead patent as the case may be.
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[PUBLIC LAW #SF-89-89, July 27, 1989.]
Section 255. Escheat
Whenever the owner of real property held pursuant to a homestead patent, immediate or remote,
dies leaving no heirs or beneficiaries under a will eligible to own said homestead property, the
homestead property shall escheat to the Sac and Fox Nation who may use same for its
governmental purposes, or sell the same under such terms and conditions as may be provided by
law.
[PUBLIC LAW #SF-89-89, July 27, 1989.]
Section 256. Form of Homestead Patents
Homestead Patents shall be in substantially the following form:
THE SAC AND FOX NATION
H OMESTEAD P ATENT TO L AND
To All to whom these Presents shall come, Greeting:
Whereas, a lawful request pursuant to the Sac and Fox Code of Laws has been made to set aside a tract
of public land of the Sac and Fox Nation to provide Homesteads to members of the Sac and Fox Nation;
and
Whereas,______________________________________ , is a person eligible to receive a Homestead
Patent and has fulfilled all conditions precedent to the issuance of these Letters Patent as established by
the Constitution, Charter, and Laws of the Sac and Fox Nation; and
Whereas, the issuance of this patent is authorized by law; and
Whereas, this patent is not intended, and shall not be construed, to affect the title of the Sac and Fox
Nation secured by Federal or State law, and all such lands shall remain Indian Country as defined in 18
U.S.C. §1151, and shall remain subject to the exclusive jurisdiction of the Sac and Fox Nation. The
rights of the Patentee, and the rights of the heirs, devisees, successors, and assigns of the patentee, shall
forever remain and be subject to the laws of the Sac and Fox Nation now effective or hereafter enacted,
and all questions of use, possession, dominion, control, ownership, and disposal of the real property
granted by this patent shall be determined exclusively by reference to the laws of the Sac and Fox
Nation;
Now, Therefore, Know Ye, that in consideration of the premises, and in accordance with its
Constitution, Charter, and Laws, the Sac and Fox Nation, does hereby PATENT , GRANT , ASSIGN ,
LICENSE , PERMIT , AND CONVEY the following described tract of land and premises, to-wit:
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unto the said ______________________ and the eligible heirs, successors, and assigns thereof, provided
however, that the rights herein granted are subject to encumbrances of record, and revocable (1)
whenever the demised premises is not developed or used as the homestead of the owner for a period of
two years; or (2) if the owner of such property shall use same in a manner inconsistent with its
homestead purpose, and provided further, that all subsequent conveyances and rights to the property
herein patented are subject to the limitations, restrictions, and approval requirements of the Sac and Fox
Code as now in force or hereafter amended.
In Testimony Whereof, I, ___________________________, Realty Officer of the Sac and Fox Nation,
have caused these Letters to be made Patent and the Seal of the Sac and Fox Nation to be hereunto
affixed.
Given under my hand at the Capitol of the Sac and Fox Nation this ____ day of _________, in the year
Two Thousand ___________________________.
Attest:
[Seal]
Realty Officer: __________________________________
_______________, Secretary
By: _____________________, Authorized Representative
[Added by PUBLIC LAW #SF-07-88, February 5, 2007.]
Sections 257-260.
Reserved
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SUBCHAPTER C
GENERAL PATENTS
Section 261. General Patent Defined
A general patent is the written instrument by which the Sac and Fox Nation grants and assigns to
a citizen of the Sac and Fox Nation the right to exclusive use, possession, control, ownership,
and disposal of a portion of its public lands under its law pursuant to paragraph “f.” of Article
VII of the Federal Corporate Charter of the Sac and Fox Nation ratified July 24, 1987, and the
inherent power of the Sac and Fox Nation to assign its real property.
[PUBLIC LAW #SF-89-89, July 27, 1989, as amended by PL #SF-07-88, February 5, 2007.]
Section 262. Purpose of General Patents
The purpose of a general patent shall be to allow the use of public land by a citizen of the Sac
and Fox Nation, corporations wholly owned by the Sac and Fox Nation, and their heirs, devisees,
assigns, and successors forever, subject to the laws and customs of the Sac and Fox Nation.
[PUBLIC LAW #SF-89-89, July 27, 1989, as amended by PL #SF-07-88, February 5, 2007.]
Section 263. Reserved
Section 264. Eminent Domain
The rights granted in a general patent are subject to the laws of eminent domain of the Sac and
Fox Nation.
[PUBLIC LAW #SF-89-89, July 27, 1989.]
Section 265. Consideration for General Patents
Unless the real property to be patented has been conveyed to the Sac and Fox Nation without
payment, or with only nominal ($1.00) payment of money or other consideration for the purpose
of being patented under this Title, the patentee shall pay to the Sac and Fox Nation at least eighty
percent (80%) of the fair market value of the real property to be patented under such terms and
conditions as may be provided in the resolution authorizing the patent.
[PUBLIC LAW #SF-89-89, July 27, 1989.]
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Section 266. Escheat
Whenever the owner of real property held pursuant to a general patent, immediate or remote, dies
leaving no heirs or beneficiaries under a will, the real property shall escheat to the Sac and Fox
Nation who may use same for its governmental purposes, or sell the same under such terms and
conditions as may be provided by law.
[PUBLIC LAW #SF-89-89, July 27, 1989.]
Section 267. Reserved
Section 268. Release and Transfer to Homestead Patent
(A)
Any person assigned real property by general patent, or the heirs, devisees,
successors, or assigns then holding title to a portion of said property, and with the consent of all
persons holding an interest in that portion of the property to be surrendered, may surrender the
real property or any portion thereof to the Sac and Fox Nation for the purpose of receiving a
homestead patent to said property.
(B)
Such surrenders shall be a conveyance to the Sac and Fox Nation for the purpose
of receiving an assignment by homestead patent, and no further approval of the issuance of the
homestead patent shall be necessary.
[PUBLIC LAW #SF-89-89; July 27, 1989, as amended by PL #SF-07-88, February 5, 2007.]
Section 269. Sale of Land to Be Assigned by General Patent
(A)
Sales of surplus real property of the Sac and Fox Nation to be assigned by general
patent may be conducted by public or private sale when properly authorized by resolution of the
Business Committee.
(B)
The allowable methods of sale shall be:
(1) sealed bids
(2) auction
(3) sale through a licensed real estate agent
(4) private negotiations
(C)
The Housing Authority of the Sac and Fox Nation shall be charged with
conducting and managing any sale subject to the approval of the sale by the Business Committee.
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(D)
Sales by sealed bids or auctions shall be advertized in a newspaper published
within the Sac and Fox Reservation once each week for a period of three consecutive weeks prior
to said sale, and in such other manner as the Housing Authority shall determine. If there is more
than one bidder upon a sale by sealed bids, the Housing Authority may grant those persons
present the right to increase their bids until one person is the high bidder. Upon such
advertizement, the sales price bid may be deemed to be at least 80 percent (80%) of the fair
market value of the property.
(E)
Prior to sale through a real estate agent or through private negotiations, the
Housing Authority shall cause the property to be appraised by an independent appraiser to
establish the fair market value thereof.
(F)
The Housing Authority shall report to the Business Committee the results of any
sale made, and upon approval thereof and payment of the purchase price and/or execution of
proper note(s) and mortgage documents if any, the general patent shall issue as provided by this
Chapter.
[PUBLIC LAW #SF-89-89, July 27, 1989, as amended by PL #SF-07-88, February 5, 2007.]
Section 270. Form of General Patent
General Patents shall be in substantially the following form:
THE SAC AND FOX NATION
G ENERAL P ATENT TO L AND
To All to whom these Presents shall come, Greeting:
Whereas, a lawful request pursuant to the Sac and Fox Code of Laws has been made to Patent a tract of
public land of the Sac and Fox Nation for the use of private persons pursuant to the Constitution,
Charter, and Laws of the Sac and Fox Nation; and
Whereas, ______________________________________ , is a person eligible to receive a General
Patent to Land and has fulfilled all conditions precedent to the issuance of these Letters Patent as
established by the Constitution, Charter, and Laws of the Sac and Fox Nation; and
Whereas, the issuance of this patent is authorized by law; and
Whereas, this patent is not intended, and shall not be construed, to affect the title of the Sac and Fox
Nation secured by Federal or State law, and all such lands shall remain Indian Country as defined in 18
U.S.C. §1151, and shall remain subject to the exclusive jurisdiction of the Sac and Fox Nation. The
rights of the Patentee, and the rights of the heirs, devisees, successors, and assigns of the patentee, shall
forever remain and be subject to the laws of the Sac and Fox Nation now effective or hereafter enacted,
and all questions of use, possession, dominion, control, ownership, and disposal of the real property
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granted by this patent shall be determined exclusively by reference to the laws of the Sac and Fox
Nation; and
Now, Therefore, Know Ye, that the Sac and Fox Nation, in consideration of the premises, and in
accordance with the Constitution, Charter, and Laws of the Sac and Fox Nation, does hereby PATENT ,
GRANT , ASSIGN , LICENSE , PERMIT , AND CONVEY the following described tract of tribal land and
premises, to-wit:
unto the said _________________________________________________________and the heirs,
successors, and assigns thereof, forever, subject only to the Constitution, Charter, and Laws of the Sac
and Fox Nation, and encumbrances of record.
In Testimony Whereof, I, ___________________________, Realty Officer of the Sac and Fox Nation,
have caused these Letters to be made Patent and the Seal of the Sac and Fox Nation to be hereunto
affixed.
Given under my hand at the Capitol of the Sac and Fox Nation this ____ day of _________, in the year
Two Thousand ___________________________.
Attest:
[Seal]
Realty Officer: _________________________________
_________________________, Secretary
By: ___________________, Authorized Representative
[Added By PUBLIC LAW #SF-07-88, February 5, 2007.]
Sections 271-299.
Reserved
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CHAPTER THREE
CONVEYANCES
Section 301. Persons Who May Convey
Any person at least eighteen (18) years of age being otherwise qualified thereto, and all persons
upon whom the rights of majority have been conferred, corporations and other associations who
may own property in their own name, to the extent and in the manner authorized by law, owning
real estate in this jurisdiction may mortgage, convey, or otherwise dispose of, or make any
contract relating to real estate or any interest therein, Provided, that any persons of whatsoever
age, who have been legally married and who are otherwise qualified, may dispose of and make
contracts relating to real estate acquired after marriage.
[PUBLIC LAW #SF-89-89, July 27, 1989.]
Section 302. Witness Not Necessary
No subscribing witness shall be necessary to the validity of any deed, mortgage, contract, lease,
bond, or other instrument conveying, affecting or relating to real estate.
[PUBLIC LAW #SF-89-89, July 27, 1989.]
Section 303. Attorney-in-fact
Any instrument affecting real estate may be made by an attorney-in-fact, duly appointed and
empowered as hereinafter provided.
[PUBLIC LAW #SF-89-89, July 27, 1989.]
Section 304. Necessity of Writing and Signing
No deed, mortgage or other conveyance relating to real estate or any interest therein, other than
for a lease for a period not to exceed one (1) year, shall be valid until reduced to writing and
subscribed by the grantors; and no deed, mortgage or contract relating to the homestead exempt
by law, except a lease for a period not exceeding one (1) year, shall be valid unless in writing and
subscribed by both husband and wife, where both are living and not divorced, or legally
separated, except to the extent hereinafter provided. For the purpose of purchasing a home with
the use of mortgage loan insurance furnished by the Veteran’s Administration, written contracts
and real estate mortgages executed by the spouse of a person who is certified by the United States
Department of Defense to be a prisoner of war, or missing in action, shall not be invalid for the
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spouse’s non-joinder in their execution. And provided that, notwithstanding anything in this
section to the contrary, a deed relating to the homestead shall be valid without the signature of
the grantor’s spouse, and the spouse shall be conclusively deemed to have consented thereto,
where the same shall have been duly recorded in the office of the county clerk of the county
where the real estate is situated for a period of ten (10) years, and no action shall have been
instituted within said time in the District Court seeking to cancel, avoid or invalidate such deed
relating to the homestead by reason of the alleged homestead character of the real estate at the
time of such conveyance.
[PUBLIC LAW #SF-89-89, July 27, 1989.]
Section 305. When Husband and Wife May Convey Homestead Separately
Where title to the homestead is in the husband, and the wife voluntarily abandons him for a
period of one (1) year or from any cause takes up her residence out of the reservation area, he
may convey, mortgage or make any contract relating thereto without being joined ther
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