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untanglingwebs
El Supremo
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Issue Paper - July 2009 - Tribal Gaming Issues in Michigan (Revised)
www.senate.michigan.gov/sfa/Publications/Issues/.../TribalGamingRevised.pdf
Feb 2, 2001 - CHARLOTTE BEACH LAND CLAIM. ... with a state and is unable to reach agreement on a compact. In this .... Governor John Engler and four Indian tribes that had not achieved Federal recognition in time to .... In 2002, the.CHARLOTTE BEACH LAND CLAIM
Another proposal to expand the number of Indian casinos in Michigan involves a possible resolution
to long-standing tribal claims on land in Chippewa County located in the Upper Peninsula, referred
to as the Charlotte Beach area. A land swap has been proposed between the Sault Ste. Marie
Chippewa Indians, the Bay Mills Indians, and the State of Michigan. In exchange for clear title on
the land located at the Charlotte Beach area for the current residents, the tribes would receive
parcels of land in the Lower Peninsula that would become the site of two more casinos, one in Port
Huron and another in one of three locations, Flint, Romulus, or the County of Monroe.
The land settlement issue dates back to the 19th century and is centered on the 1855 Treaty of
Detroit entered into by the Ottawa and Chippewa Indians (ancestral tribes to the current Bay Mills
and Sault Ste. Marie Chippewa tribes) and the U.S. government. In this treaty it was agreed that the
Charlotte Beach property would be held in trust for the benefit of the tribes. Before Congress ratified
the treaty, however, the U.S. government issued land patents (awarding title to the land to
individuals) to a non-Indian individual. In 1857, this individual deeded the property to the Governor
of Michigan to be held in trust for ancestral tribes. This action subjected the land to taxation which
went unpaid by the tribal members. The land was later sold for unpaid property taxes to third
parties. This land is currently owned by about 100 non-Indians.
The Bay Mills tribe filed suit in 1996 against the State of Michigan seeking monetary damages for
the loss of the land. Both the Court of Claims and the Michigan Court of Appeals ruled against the
tribe in these matters. The tribe also filed a separate suit in Federal court, in Bay Mills Indian
Community v. Western United Life Assurance Company, against the current landowners. The suit
against the landowners was dismissed on procedural grounds as it did not include the Sault Ste.
Marie Chippewa tribe, which also was found to have a potential claim to the land. Both suits were
based only on the Bay Mills tribe's claims to the land. Any potential claims from the Sault Ste. Marie
tribe have never been litigated. The land claims, history of litigation, and potential for additional
litigation from the Sault Ste. Marie tribe against the landowners have impaired the titles of the
current owners of these properties. Due to the sovereign immunity of the tribes, the landowners are
unable to file suit against the tribes to clear their titles. |
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Thu Sep 13, 2018 9:49 am |
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untanglingwebs
El Supremo
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| Other sources state the land was put into trust by the US government and was sold by the State of Michigan without permission of the tribes or the US government. Both the testimony of the court and congress state the land went into trust in 1857. This settlement was the basis of the expectation of a casino for the Sault Ste Marie Tribe and the Bay Mills Indian Community. |
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Thu Sep 13, 2018 10:02 am |
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untanglingwebs
El Supremo
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There are numerous opposing stories about Governor John Engler signing the documents agreeing to the Charlotte beach settlement. Most articles stated Engler would not sign because he had friends who would in the Bay Mills proposed land swap and casino in Port Huron because he had 3 person friends that would be investing. He was o the verge of leaving office and said he wanted incoming Governor Jennifer Granholm to sign off. (Las Vegas Sun, 12-31-2002, Sarah Freeman)
The treaty of the 1800's had specified this land was to be in trust for the two tribes. The two tribes agreed to relinquish claims to the land in return for alternative lands.
HR 3412 (106th) Charlotte Beach land Claims Settlement Act 11-16-1999. |
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Sat Sep 15, 2018 12:18 pm |
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