(The Center Square) – A U.S. District court ruled that four roads on the Lac du Flambeau reservation must remain open for public use and the use of approximately 50 non-tribal landowners to access their property.
The ruling came in three cases before the U.S. District Court for the Western District of Wisconsin after the Lac du Flambeau Band of the Lake Superior Chippewa Indians barricaded four roads on the reservation.
“Neither the United States nor the Tribe have attempted to impose reasonable restrictions on the Homeowners’ or Town’s access,” the ruling said. “Instead, to date, the Tribe has attempted to block access altogether and demanded that the Town pay an exorbitant, monthly fee to keep the Roads open or a one-time $20 million fee for permanent public access. Accordingly, the court concludes that the Town and Homeowners have an implied easement to use and access the Roads to reach their homes and properties.”
The decision cited the Homestead Act, which includes a right to access public lands to reach an otherwise landlocked property.
“I’m pleased that this federal ruling is putting an end to the chaos in Lac du Flambeau,” said Wisconsin Senate President, Mary Felzkowski, R-Tomahak. “The tribe’s inflammatory actions were immature and failed to demonstrate any willingness to find a solution to their grievances. Instead, taxpayer dollars were wasted as the issue was resolved in the court system. Fortunately, the affected homeowners can now return to enjoying the peace of the Northwoods.”
