If a residence upon a lot is vacated, without an approved sublease,
for a period longer than one (1) year, the Tribal Council shall have
discretion either to declare the lot assignment void and designate
a successor or to request the Tribal Court to exercise equitable jurisdiction
to designate a successor.
Any structure or other improvements capable of being removed
from the lot shall be considered the property of the former leaseholder
at the time of termination of the lease. However, if the structure
or other improvement cannot be removed, the Tribe must pay the former
leaseholder the fair market value of the structure or other improvement
unless the Tribe leases the lot to an heir of the former leaseholder.
The structure and improvements on the lot will become an asset of
the Tribe; however, the Tribe shall give preference to the leaseholder's
heirs, who shall be permitted to enter into a new lease for the lot
at the end of the original leaseholder's lease. If the leasehold
still remains encumbered at the end of the lot lease, the Tribe cannot
release the leaseholder of any of his contractual obligations with
lenders or the federal agency that may have provided a mortgage guaranty.
The leaseholder may transfer or devise his leasehold right in accordance with Article VIII of this chapter, or as per the provisions contained in any tribal probate code or the federal legislation that may apply in its default.
