Sept. 2004: Relation Back Doctrine

While this GAO report concentrated on conflicts with utility Rights-of-way not being resolved through existing remedies with regards to Alaska native Allotments, the court decisions cited in the report have an impact elsewhere in Indian Country. "Once the preference right becomes vested, the preference relates back to the initiation of occupancy and takes preference over rights of way or other uses of the land filed subsequent to the commencement of use and occupancy by the Native. Thus where a Native allotment application was filed after a highway right of way was issued, the native allotment 'related back' and nullified the right of way that had already been granted."

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