Last Updated: Tuesday, June 24, 2008 10:47 AM CDT
Tribe files complaint after county terminates old land agreement
By Daily News Staff
The Forest County Potawatomi Community (FCPC) is taking its contract dispute with Forest County to court.
The FCPC has filed a complaint asking the court to enforce a land agreement between the tribe and Forest County.
The complaint was filed June 19, two after the Forest County Board of Supervisors passed a resolution that terminated the legally binding land agreement. That agreement provided the owners of the proposed Crandon mine the right to purchase approximately 880 acres of county land in Lincoln Township. FCPC purchased the Crandon mine in 2003 and as part of that deal was assigned the right to purchase the 880 acres.
"It is unfortunate that the actions of the county board pushed us to seek a legal remedy to this situation," said Potawatomi Tribal Chairman Philip Shopodock. "We would like to continue discussions with the county to find ways to solve this impasse, but we need to ensure that the rights of the tribe are protected."
Forest County officials contend that the sale of the land is contingent upon the issuance of a mining permit. The tribe believes, according to the terms expressed in the agreement, the county does not have the right to terminate the contract if a mining permit is not received.
In 1980, Forest County and the proposed Crandon mine owners entered into an agreement that provided the proposed Crandon mine owners the right to purchase approximately 880 acres of county land in Lincoln Township. This agreement was revised and restated in 1990 and 1995, and for this agreement the county received valuable monetary consideration.
As part of its purchase of the Crandon mine in 2003, FCPC was assigned the right to purchase the 880 acres. Although both FCPC and the Mole Lake Tribe bought the proposed Crandon mine, it is only the FCPC that own the right to purchase the land.
To date, Forest County has received $1.5 million from the various owners of the proposed Crandon mine and FCPC under the 880-acre agreement, the tribe believes. FCPC will also pay Forest County an additional $900,000 for the 880-acre property at closing.
The 880 acres in question are owned by Forest County and not subject to property taxes. If the County sells the land to FCPC it would be subject to property taxes until it is taken into trust for FCPC.
Although the tribe has filed a complaint, it is hopeful the situation can be resolved outside of a courtroom.
Triba official say they have told Forest County officials that they are willing to explore the possibility of exchanging their rights to the 880 acres for lands closer to the reservation, as long as they are of equal value to the 880 acres. The county has been reluctant to embrace the idea of exchanging land because it’s concerned the replacement land would not have the same financial and recreational value as the 880 acres.
"We will continue to work with the county to find a solution that is fair and equitable to all parties involved," said Chairman Shopodock.
The tribe wants the land because it would add to the tribe’s land base which is currently spread out in a checkerboard pattern throughout the county.
The case has not yet been set for hearing.
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