12.01.030 Definitions

(a) "Boundary line agreement" is a written agreement between adjacent landowners by which each landowner agrees to the written description of the location of the border that delineates each property-one from the other.

(b) "Certified Copy" is a copy of a document that has been certified by the Tribal Clerk as a true and accurate copy of the original document.

(c) "Child(ren)" / "grandchild(ren)" refers to a natural born or legally adopted child, or grandchild, as long as the child is a Tribal Member or eligible to become a Tribal Member.

(d) "Claimant" is the person who files a land dispute claim in Tribal Court.

(e) "Interested Party" is any Tribal Member who claims to have an interest in the outcome of the proceeding and who seeks to participate in a land dispute proceeding. "Interested party" does not include a Tribal member without a recognizable interest in resolution of the case. A Tribal Member seeking to participate as an interested party and who has an identifiable and known legal interest in the disputed property shall be treated as an Intervenor and will be bound by the Court's rulings.

(f) "Land Dispute" is a disagreement between Tribal Members over claims to title, boundary lines, issuance or validity of deeds, transactions, and any other matter regarding property interests on the Reservation. The issuance of a Use and Occupancy Deed by the Tribe and the Tribal Clerk, even if in error, does not create a land dispute involving the Tribe. Any claim that a deed has been issued in error is to be resolved as a land dispute between the parties claiming an interest in the property and, when resolved, could result in a court order to the Tribe to issue a new deed or to revise or revoke an existing deed.

(g) "Legal Guardian" is a parent or an individual legally appointed by a court of competent jurisdiction as the guardian of minor children.

(h) "Life estate" is a way of holding real property that is limited to the life of the party holding it and, upon whose death, the property reverts to another Tribal Member.

(i) "Recorded" refers to the filing or registration of documents or transactions with the Tribal Clerk's Office so as to memorialize the registration or transaction document in accordance with established procedures.

(j) "Respondent" is the person against whom a land dispute claim is filed. The Tribe, the Tribal Council, the Tribal Clerk, or any tribal official may not be named as a Respondent in a land dispute for the official act of issuing a deed. This limitation, however, is subject to the limited waiver of immunity in this chapter. The Tribe may be named as a Respondent if a deed is issued to the Tribe itself or if the Tribe is claiming an interest in any land subject to a claim.

(k) "Spouse" refers only to a legally married husband or wife. The Saint Regis Mohawk Tribe does not recognize "common law" marriage.

(l) "Tribal Council" for purposes of this ordinance, refers to the three duly elected Chiefs of the Saint Regis Mohawk Tribe.

(m) "Tribal Member" for purposes of this ordinance, includes anyone who is enrolled with the Saint Regis MohawkTribe or eligible for enrollment with the Saint Regis Mohawk Tribe.