Statutes | Law and Order Code of the Fort McDowell Yavapai Community, Arizona Chapter 1 Article II ยง 1-7 | 2019

A. The Court may exercise personal and subject matter jurisdiction in all cases consistent with the inherent sovereign powers and federally-delegated powers of the Nation, as well as the constitution, laws and ordinances of the Nation, subject to the provisions of this Law and Order Code.

B. Bases for personal jurisdiction shall include, but are not limited to:

     (a) Presence, domicile or residence on the Reservation or other tribal lands

     (b) Membership in the Nation

     (c) Consent, whether by contract, implication or otherwise, including marriage to a tribal member

     (d) Appearance in the Courts of the Fort McDowell Yavapai Nation other than a special appearance for the sole purpose of contesting jurisdiction

     (e) Contracting or attempting to contract to insure any person, property or risk located within the Reservation

     (f) Doing business or attempting to do business on the Reservation whether in person or by any other method of communication, including entering or attempting to enter into a contract for the sale, lease, use, or purchase of any property or services when such contract is entered into or is to be performed within the exterior boundaries of the Reservation

     (g) Using or attempting to use or purchasing or attempting to purchase any resource or service of the Nation

     (h) Engaging is any act on the Reservation

     (i) Causing a foreseeable effect or result on the Reservation by an act or omission elsewhere

     (j) Ownership, use, or possession of personal property on the Reservation or,

     (k) Committing any tortious act on the Reservation.

Tribal Court jurisdiction shall extend to corporations, partnerships, associations, and governmental entities as well as to natural persons and unless otherwise provided, the word person as used in this Code includes all of the above.

C. The Court may exercise subject matter jurisdiction:

     1. As provided in subsection A of this section, regardless of whether the parties are Indian or non-Indian

     2. Over all real and personal property located on the Reservation to determine the application of such property to the satisfaction of a claim relating to the property

     3. Over actions brought before the Court with the consent of all parties and,

     4. Over actions arising from an event which has occurred within the territorial jurisdiction of the Court.

D. Nothing in this section shall be construed to effect a waiver of the sovereign immunity of the Nation or limit the Nations inherent jurisdiction.

( Sec. 1-7 added by Resolution No. Ft. McD. 97-93, effective August 23, 1997. )

(Law & Order Code 2006, § 1-7 Ft. McD. Res. No. 97-93, eff. 8-23-1997)