Pursuant to Article VI, Sections (I) and (V), of the Constitution and Bylaws for the Tulalip Tribes (“the Tribes”), the Tribes has the power to condemn land and property within the Tulalip Reservation for public purposes. The owners of any property condemned under this chapter shall receive just compensation for the land condemned. The Tribes is vested with the power of eminent domain over its lands by its inherent sovereign powers.
(Res. 2024-611)
This chapter is enacted for the purpose and intent to safeguard and promote the peace, health, safety and general welfare of the Tulalip Reservation and its residents.
Certain specific priorities for the management of Tribal lands are described in the following subsections. These priorities are not an exclusive list of the public purposes for which the Tribes or any Tulalip Tribal political subdivisions (collectively “the Tribes”) may condemn land, and this section is not to be construed to limit in any way the public purposes for which the Tribes may condemn land as set forth in this chapter. The Tribes may condemn land for any bona fide public purpose regardless of whether the purpose is specified herein.
(1) 
Climate Change. The Tribes is committed to protecting its lands from the effects of climate change, including and especially environmentally sensitive lands and lands subject to erosion from rising sea levels.
(2) 
Tribal Infrastructure. For the health, welfare, and safety of its people, the Tribes intends to initiate and facilitate infrastructure and economic development projects on Tribal lands. Tribal infrastructure projects include but are not limited to surface transportation (highway, rails, and transit), broadband internet, renewable energy projects, electricity transmission, airport capital improvement projects, ports and waterways, and Tribal utilities.
(3) 
Health, Safety, and Welfare. The Tribes may condemn land that constitutes a nuisance or threat to the health or safety of the Tribes, tribal members, or the public.
(4) 
Other Purposes. The Tribes may condemn land for any other public purpose not listed herein.
(Res. 2024-611)
(1) 
The Tulalip Tribal Court possesses exclusive jurisdiction over any actions arising under this chapter. The Tulalip Tribal Court’s jurisdiction includes, but is not limited to, the exclusive authority to determine whether property is condemned for a public purpose, whether compensation is fair and just, and whether any division of compensation is just.
(2) 
The personal and subject matter jurisdiction of the Tribes and the Tribal Court, for purposes of this chapter, extends to:
(a) 
All persons and property found within the boundaries of the Reservation; and
(b) 
All property owned by the Tribes or subject to the Tribes’ jurisdiction outside the boundaries of the Reservation, to the full extent permitted by the Tribes’ inherent authorities, the Tribes’ Constitution and Bylaws, and State and Federal laws.
(Res. 2024-611)
The sovereign immunity of the Tulalip Tribes is not waived or limited in any way by this chapter, nor is it waived or limited by any civil suit commenced pursuant to this chapter unless such waiver is made consistent with the laws of the Tulalip Tribes.
(Res. 2024-611)
If any part, or parts, or the application of any part of this chapter is held invalid, such holding shall not affect the validity of the remaining parts of this chapter. The Tulalip Tribes Board of Directors hereby declares that it would have passed the remaining parts of this chapter even if it had known that such part or parts or application of any part thereof would be declared invalid.
(Res. 2024-611)