Appellant Brief - Turtle Talk

their authority; and one who deals with them assumes the risk that they are so
acting.” Id.
Here, the relevant regulation provides that, among other things, the
application for a right-of-way “shall be accompanied by a duly executed stipulation
expressly agreeing” to five subsections, not three. Like the leases in Sangre De
Cristo and Gray, Minnesota’s purported right-of-way for this stretch of highway is
void because the local BIA official did not follow requisite procedures in
approving the property interest. The regulation required the State to file an express
stipulation agreeing to all five subsections of § 256.7. Minnesota only expressly
agreed to three subsections. The local official’s approval of the right-of-way
application does not make the right-of-way valid, because like the officials in
Sangre De Cristo and Gray, the local official was acting outside of the bounds of
his authority when he approved a right-of-way without the required stipulations.
Thus, Minnesota does not have a valid right-of-way over that stretch of highway
on the Red Lake Reservation, and never did. Since the Nords’ Motion for
Summary Judgment is predicated solely on the existence of a valid right-of-way,
the District Court should have denied the motion for summary judgment adn
16 (...continued)
could be so.
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