[HISTORY: Adopted by the Legislature of the Menominee Indian
Tribe 10-18-2018 by Ord. No. 18-29. Amendments noted where applicable.]
The Menominee Tribal Legislature shall, by Resolution, designate
one or more Tribal members to act as the Tribe's Land Transfer
Agent for the purpose of facilitating the transfer of land to the
United States in trust for the Menominee Indian Tribe of Wisconsin
pursuant to 25 U.S.C. § 903d(c). The Land Transfer Agent
shall generally perform the duties previously performed by the Tribal
"Straw person" subject to the provisions of this chapter.
A Land Transfer Agent designated by the Tribal Legislature by resolution who executes an agreement with the Tribe pursuant to § 615-8 shall have the authority to do the following:
A.
Accept the transfer of real property on behalf of the Menominee Indian
Tribe of Wisconsin if the deed transferring the real property states
that the Land Transfer Agent is accepting the real property on behalf
of the Menominee Indian Tribe of Wisconsin ("designated real property");
Any person designated a Land Transfer Agent pursuant to this
section shall grant an irrevocable durable power of attorney to the
Secretary of the Tribal Legislature authorizing the Secretary to take
any act the Land Transfer Agent is authorized to take pursuant to
this chapter. The Secretary shall take no action pursuant to this
delegated power of attorney except pursuant to motion of the Tribal
Legislature. The grant of power of attorney made pursuant to this
section shall automatically transfer to any successor Secretary of
the Tribal Legislature at the time that office transfers pursuant
to act of the Tribal Legislature, and shall terminate in regard to
any Secretary of the Tribal Legislature at the time they cease to
hold that position.
Notwithstanding any other provision of Tribal law:
A.
No person or entity through inheritance, marriage, or otherwise shall
be entitled to any interest in the designated real property that is
titled in the Land Transfer Agent's name. A deed executed by
the Land Transfer Agent designating a beneficiary for designated real
property upon death of Land Transfer Agent shall act to transfer such
designated real property to the named beneficiary upon death of the
Land Transfer Agent.
B.
Any power of attorney granted or delegated in an instrument in conformance
with the provisions of this chapter shall survive the incapacity or
death of the person granting or delegating such power of attorney.
The Land Transfer Agent has no authority to transfer the designated
real property, or any interest in the designated real property except
as provided for in this chapter. Any purported action by the Land
Transfer Agent contrary to the provisions of this chapter shall be
null and void and of no effect.
The Land Transfer Agent shall not be responsible for any taxes,
fees, costs, or any other obligation that is related to ownership
of designated real property.
A Land Transfer Agent shall be entitled to be reimbursed and
indemnified by the Tribe for all legal and other expenses reasonably
incurred in connection with any claim, action, suit, or proceeding
of whatever nature in which he may be involved by reason of having
served as Land Transfer Agent. Reimbursement and indemnification under
this subsection include amounts paid or incurred in connection with
reasonable settlements designed to curtail litigation costs. No such
reimbursement or indemnification shall relate to any expense incurred
or settlement made in connection with any matter arising out of the
negligence or misconduct of the Land Transfer Agent, as determined
by the Tribal Courts. The choice of counsel to represent the Land
Transfer Agent shall be at the sole discretion of the Tribe.
The Land Transfer Agent shall enter into an agreement with the
Tribe, in a form acceptable to the Tribal Legislature, that includes,
but is not limited to, the following:
A.
Compensation for the Land Transfer Agent services.
B.
Land Transfer Agent acknowledgement of and agreement to abide by
the provisions of this chapter of the Menominee Tribal Code.
C.
Requirements that the Land Transfer Agent execute all documents necessary
to further the provisions of this chapter, including, but not limited
to, power of attorney and transfer on death deeds.
D.
Provisions allowing the Tribe to terminate the agreement at will.
Designation of a Tribal Land Agent shall create no right of
any kind to such positon. The Tribal Legislature may terminate a Tribal
Land Agent's authority at any time for any reason it deems to
be in the best interest of the Tribe.
