Yankton Sioux Allotment Owners may be owed money for their land.

THE TABOR TO PLATTE RAIL TO TRAIL

A rails to trails conversion turns an old, unused railroad line into a public trail for walking and biking. In Charles Mix County, South Dakota, an old railroad line is being turned into the Tabor to Platte Rail to Trail.

One part of that trail, the Ravinia to Platte section, follows the old Napa to Platte rail line along the east bank of the Missouri River. It crosses the Yankton Sioux Reservation and runs across a large number of allotments.

WHY THE FEDERAL GOVERNMENT MAY OWE ALLOTMENT OWNERS MONEY

When the government takes private property for public use, the U.S. Constitution says it has to pay the owner for it. That is called a “federal taking.” Using private land for a public trail can count, which is why the government may owe the allotment owners along this trail.

For generations, that strip of land has been part of several allotments passed down among their owners. Long ago, a railroad was allowed to run tracks across it, but the railroad never owned the land. It only had the right to use it.

Now the trains are gone. Instead of returning the land to the allotment owners, the federal government took it to build the Ravinia to Platte trail. Because the government took that land, it may owe the land owners money.

1. A railroad crossed the allotment. The company only used the land. It never owned it.
2. The trains stopped running on these tracks.
3. The government took the land to build the Ravinia to Platte trail.
4. So it may owe you money for taking that land and turning it into a public trail.

Even a small share of an allotment may be worth a payment.

HOW MCTLAW CAN HELP YOU FILE A CLAIM FOR YOUR ALLOTMENT

For years, our Indian law legal team has held the federal government accountable to the trust responsibilities it owes tribes and their members. This rails to trails claim is part of that work.

These cases sit where Indian law and federal law meet. Allotment land can have dozens or even hundreds of owners, and the records go back generations. Most law firms will not take these cases on because of the complexity and lack of experience in Indian Country. 

What you can expect from us

We understand fractional allotment ownership, even when a single allotment has many owners. We will track down the deeds and old records, so you don’t have to. And we keep you updated, so you always know where your claim stands.