Before proceeding to the condemnation process, the Tribes must make reasonable efforts to negotiate with the property owner(s) or their personal representatives for the purchase of the property. If the subject property is owned by the Tribes, the lessee and the Tribes may terminate the lease by written agreement and may include compensation in the amount of the fair rental value of the property, if any.
An agreement to sell a property or leasehold interest constitutes a waiver of condemnation proceedings and any other right to challenge the condemnation. At any time before or after commencement of an action, the parties may agree to a compromise or settlement as to any matter.
To initiate the condemnation process, the Tulalip Board of Directors (“the Board”) shall pass a resolution of necessity, declaring that it is necessary to acquire a property for public purposes. The word “necessity” as used in this section shall not be interpreted to mean the only possible option or alternative, but shall mean a viable solution to a problem or opportunity.
Within a reasonable time after passing the resolution of necessity, a written final offer to purchase the property at fair market value shall be made to the condemnee. The final offer at fair market value must be supported by an independent third-party appraisal. The person in control of such property shall cooperate with the Tribes, or its agent(s), in making the property available for appraisal, examination, or inspection. If, however, the subject property is federal trust land, the appraisal must be conducted by the Bureau of Indian Affairs (BIA).
If the owner fails to timely accept the final offer of purchase at fair market value, the Tribes may initiate condemnation proceedings.
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(1) 
Notice Requirement. Condemnation proceedings constitute a final action to authorize the condemnation of a specific property. The condemnor must provide notice as required by this section before taking final action to authorize the condemnation.
Notice of the planned final action shall be mailed by certified mail to the address of record for each and every property owner of record, for each property interest potentially subject to condemnation, at least 15 days before the final action. If no address of record is available, the potential condemnor shall conduct a reasonably diligent inquiry for the address for each and every property owner of record and send the notice to that address.
(2) 
Contents of Notice. The notice must contain a general description of the property such as an address, tribal trust tract number, and/or parcel number and specify that condemnation of the property will be considered during the final action. The notice must state the proposed total amount of just compensation to be paid if the property is condemned. The notice must also describe the date, time, and location of the final action at which the Board will decide whether to authorize the condemnation of the property.
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The decision to condemn a property is at the sole discretion of the Tulalip Tribes Board of Directors. A condemnation must be authorized by a resolution of the Board.
During condemnation proceedings, the Board shall consider the findings of the Tribes or its designee in support of the proposed just compensation and the need to condemn the subject property for a public purpose. The Board shall also consider any evidence presented by the condemnee.
If the Board determines that the Tribes has the right to condemn the subject property, it shall pass a condemnation resolution.
A condemnation resolution shall contain a statement of the purpose for which the property is being taken, state the total amount of just compensation to be paid for the property being taken, and confirm that an offer to purchase the property for fair market value was made and rejected by the owner(s). After a condemnation resolution is passed, a Notice of Condemnation shall be served on the owner(s) via certified mail.
A condemnation resolution is a final action and authorizes the Tribes to condemn the subject property. Upon payment of just compensation and no sooner than 30 days after the date the Notice of Condemnation was served, the title, easement or interest appropriated in the land condemned shall thereupon immediately vest in the Tribes, and it shall be entitled to the immediate possession of the land to the extent necessary for the purpose for which it was taken and consistent with the title, easement or interest condemned. Law enforcement officers of the Tribes shall enforce a condemnation resolution, as necessary, by removing the condemnees and their personal property, if any, from the condemned property. The Tribes shall be entitled to all the remedies provided by law for the securing of such possession.
(Res. 2024-611)
(1) 
Petition to the Tulalip Tribal Court. After the Tulalip Board of Directors has passed a resolution of condemnation, any party with an interest in the land condemned may petition the Tulalip Tribal Court to determine the following:
(a) 
Whether the property being condemned is to be used for a public purpose;
(b) 
Whether the legal description is accurate;
(c) 
Whether the compensation awarded for the condemned property is fair and just; and
(d) 
Whether the division of the compensation, if any, is fair and just.
Any petition regarding a condemnation proceeding must be filed within 30 days of the date the Tulalip Board of Directors served the Notice of Condemnation.
(2) 
Contents of Petition. Any party filing a claim under this chapter shall be the petitioner. The Tulalip Tribes or any such other party the petitioner(s) have a claim against shall be the respondent. All petitions must contain the following:
(a) 
A statement of facts, and citation to which portion of this chapter is being violated, and the relief sought.
(b) 
A list of the names and addresses of all the parties with an interest in the condemned property.
(c) 
A copy of the Notice of Condemnation attached to the petition.
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There shall be an initial hearing where the Court shall be informed of the issue(s) in dispute. If the issue(s) in dispute cannot be resolved at the initial hearing, the Court shall set a date for a trial.
The taking shall be presumed in all cases to have been for a public use. The petitioner shall have the burden of proving and establishing by clear and convincing evidence facts rebutting the presumption.
The proposed compensation, established by an independent appraisal, is presumptively reasonable. The petitioner shall have the burden of proving the amount of just compensation was unreasonable. If the Court awards compensation that is higher or lower than the amount already paid, the difference shall be awarded as damages.
Upon hearing all the evidence at the trial, the Court shall issue a written decision within 14 calendar days of the trial. The judgment shall state the relief granted by the Court to any party but need not state findings of fact or conclusions of law in support of the judgment. Any judgment may be immediately executed, and the judgments and orders of the Court shall be enforced by a law enforcement officer or officer of the Court appointed by the Court for such purpose.
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Any party to this action may appeal the decision in accordance with Chapter 2.20 TTC. Notice of Appeal shall be filed within 15 working days of the mailing of the verdict. Decisions of the Tribal Court shall not be stayed pending appeal except by agreement of the parties. No appeal shall operate to prevent the Tribes from taking possession of the subject property pending the appeal.
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