PRP.5.3.080 Hearing on Right to Take - Time for Demand

Within the earlier of (i) thirty (30) days from the date the publication of the Petition or (ii) 30 days after receipt of the Petition by mail or personal delivery, a Respondent or other interested person may demand a hearing in Tribal Court on the exclusive threshold issue of the Tribe's jurisdiction to exercise its power of Eminent Domain over the private property subject to the proposed Condemnation. Failure to make such a demand or to consent in writing to the taking, within the thirty (30) day period, shall constitute a waiver of the right to question the necessity of the taking. The finding of necessity by the Petitioner, unless based upon fraud, bad faith and/or abuse of discretion, shall be binding on all persons.