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Show 6 Vernal Express Wednesday kjjjsl AMENDED NOTICE OF TKl STEES SALE Tbe following described property will be sold at public Uk.lt to the highest biJvltf, payable M lawful bkatv of the Lotted State. the South Maia Entrance, L'iRUh County Courthouse. 1 47 East Main. Venul. Utah. September 13. 2001. at I AJU p m of said day, for the purpose of foreclosing foreclos-ing a tru4 deed originally executed on September 20, IV99 by Jeff P Drppe. a trustor, ta f avt of BSC Mortgage, Inc . covering the folio ing real property purpuric J to be located ta Uintah County at 1310 West IV) South. Venul. LT W078 (the undersigned disclaims dis-claims liability for any em in the address), and more particularly described at: Lot 15 of MOUNTAIN VIEW SUBDIVISION 3, as Ame nded, actor J tng to the Official Plat thereof ia the Office of the Recorder. Uintah County, L'Uh. Together with all the improvement now or hereafter erected otf the properly, and all easements, ease-ments, appurtenances, and future now or hereafter here-after a part of the property proper-ty The current beneficiary of the trust deed is Option One Mortgage Corporation and the record owners of the property as of the recording record-ing of the notice of default are Jeff P. Deppe and Julie Mxssey Bidden must tender to the trustee a $5.0M)()0 deposit at the sale and the balance of the purchase price by 12:00 noon the day following the sale. Both the deposit and the balance must be in the form of a wire transfer, cashier check or certified certi-fied funds payable to Lundberg St Associates. Cash payments are not accepted. DATED: August 9. 2001. SCOTT LUNDBERG, Trustee (801)263-3400 LAA Case No. 18031 Team AMLE THIS COMMUNICATION COMMUNICA-TION IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION INFORMA-TION OBTAINED WILL BE USED FOR THAT PURPOSE. Published in the Vemal Express August 15. 22 and 29. 2001. PUBLIC HEARING A public hearing of the Vernal City Planning Commission has been scheduled for September II. 2001 at 7:00 p.m. to consider a request of Vernal City to vacate 150 North Street from 1100 West, east to the school district property. The public hearing will be held in the Vernal City Council chambers, 447 East Main. Vernal, Utah. Property owners and other interested persons are urged to attend. Later, a public hearing of the Vemal City Council will be held September 19. 2001 at 7:30 p.m. to consider the Final recommendation of the Vemal City Planning Commission regarding the above street vacation request. The public hearing hear-ing shall be held in the Vemal City Council chambers. 447 East Main, Vernal, Utah. For further information, contact Russell Pearson, Vemal City offices, 447 East Main, (435) 789-2255 during regular business hours. Anyone objecting to the proposed street vacation must File a written objection objec-tion with Vemal City. In compliance with the Americans with Disabilities Act, individuals individu-als needing special accommodations during this meeting should notify noti-fy Russell Pearson, 447 East Main. Vemal, Utah at least five days before the hearing at (435) 789-2255. 789-2255. Published in the Vernal Express August 22, 29, Sept 5 and 12,2001. PUBLIC NOTICE To the Public and Residents of Vemal City: Notice is hereby given that the regularly scheduled sched-uled meeting of the Vemal City Council for September 5, 2001 has been canceled. Published in the Vemal Express August 22 & 29, 2001. NOTICE OF TRISTLES SALE The following described property will be void at public aucuoa to the highest bidder. paaMc ia Lawful money of the United State, ai the South Mam Entrance. Uintah County Courthouse, 147 East Main. Vernal. Utah, on September 13. Wl. at I W p in . of said day. for the purpose of fcetki-mg fcetki-mg a trust deed originally executed on November S, 20 by Kathy Em turn, as tru-tor. in tavor of BSC Mortgage, Inc.. covering the following real property purported U be located in Uintah County at 6351 East Highway 40, Jensen. IT 841135 (the undersigned disclaims liability for any ermr in the address) and more particularly described as. Beginning on the North line of Section 23. Township 5 South, Range 22 Last. Salt Lake Mendian, Nirth 89 deg 44' 00" East 1995.37 feet from the North quarter comer of said Section; thence South 0 deg. 5102 East parallel to the West line of tlie East half of the Nottheasl quarter of said Section 852.23 feet to the North nght of way line of U.S. Highway 40; thence North 60 deg. 2I23" West along said nght of way line 778.3 feet, more or less, to the said West line of the East half of the Northeast quarter; thence North 0 deg. 5 1 '02" West along said West line 4f4 I feet, more or less, to the Northwest comer of said last half of the Northeast quarter; thence North 89 deg. 44,00' f ast along the North line said Section 670.63 feet to the point of beginning. Together with all the improvements now or hereafter elected on the property, and all easements, ease-ments, appurtenances, and fixtures now or hereafter here-after a part of the property proper-ty The current beneficiary of the trust deed is Option One Mortgage Corporation and the record ftwncr of the property prop-erty a of the recording of the nfke of default is Virginia Kathy Erickson, Trustee. Bidders must tender to the trustee a $5,(XK).0O deposit at the sale and the balance of the purchase price by 12:00 noon the day following the sale. Both the deposit and the balance must be in the form of a wire transfer, cashier's check or certified certi-fied funds payable to Lundberg & Associates. Cash payments are not accepted. DATED: August 9, 2001. SCOTT LUNDBERG, Trustee (801)263-3400 L&A Case No. 22228 Team ALB A THIS COMMUNICATION COMMUNICA-TION IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION INFORMA-TION OBTAINED WILL BE USED FOR THAT PURPOSE Published in the Vernal Express August 15, 22 and 29. 2001. NOTICE TO CREDITORS Estate of William E. Reese, deceased Probate No. 01380028 All persons having claims against the above estate arc required to present pre-sent them t5 the undersigned under-signed or to the Gerk of the Court on or before the 15th day of November, 2001, or said claims shall be forever barred. Ana Batty 3235 North 250 West Vemal. Utah 84078 Kathy Hacking 810 East 2500 South Vernal. Utah 84078 Published in the Vemal Express August 15, 22 and 29, 2001. NOTICE TO CREDITORS Estate of Leona Davis, Deceased Probate No. 013800022 Notice is hereby given that Arlene Slaugh has been appointed Personal Representative of the above estate. All persons having claims against the above estate are required to present pre-sent them to the undersigned under-signed or to the Clerk of the Court within three (3) months after the date of the first publication of this notice or said claims shall be forever barred. Arlene Slaugh 2175 East 5000 South . Vemal. Utah 84078 Published in the Vernal Express August 15, 22 and 29, 2001. 29, 2001 NOTICE OF TRUSTEE'S SALE The follow tng described real property ill be sold M public auc-tm auc-tm U the highest bidder, purchase poce payable w lawful money of the United States cf America at the time of sale, at the south front entrance of the Eighth Judicial District Court. 147 East Maia, Vernal. Utah, on Wednesday. September 12. 2001 at the hour of 1 1 . 00 a.m. of that day for the purpose of foreclosing foreclos-ing a deed of trust originally origi-nally executed by Shr.ru Mane Cok and Ravrnond E Kelsev. in favor of WASHINGTON MUTUAL BANK FSB. covering real property located at approximately 1721 South 1500 East, Ballard, Uintah County. Utah, and more particularly particu-larly described as: SITUATED IN UINTAH UIN-TAH COUNTY. UTAH. TOWNSHIP 2 SOUTH, RANGE I WEST U S M. SECTION 35; BEGINNING BEGIN-NING AT A POINT ON THE SECTION LINE 652 FEET NORTH OF THE WEST QUARTER CORNER SAID SECTION SEC-TION 35. AND RUNNING RUN-NING THENCE EAST PERPENDICULAR TO THE W EST SECTION LINE 330 FEET; THENCE NORTH PARALLEL PAR-ALLEL TO THE WEST SECTION LINE 264 I LET; THENCE W EST PERPENDICULAR TO The WEST SECTION LINE 330 FEET TO The SECTION LINE; THENCE SOUTH 264 FEET ALONG THE SECTION LINE, MORE OR LESS, TO THE POINT OF BEGINNING. BEGIN-NING. TAX SERIAL NO. The current beneficiary of the trust deed is Washington Mutual Bank fsb and the record owners of the property as of the recording of tlie notice of default are Shoni Marie Cook and Raymond E. Kelsey. The trustee's sale of the aforedesenbed real property will be made without warranty as to title, possession, or encumbrances. Bidders must be prepared to tender ten-der $5,000.00 in certified funds at the sale and the balance of the purchase price in certified funds within 24 hours of the sale. DATED this 9 day of August, 2001. MARION L, BATES, Trustee Seal ley & Reading. PC. 261 East 300 South, Suite 200 Salt Lake City, Utah 84111 Telephone: (801)531-7870 (Loan No. 0016285942) Published in the Vemal Express August 15, 22 and 29. 2001. DISPOSAL OF SPECIAL ' EDUCATION RECORDS The confidential special education records of students stu-dents graduating from high school or discontinuing discontin-uing their special education educa-tion participation before 19 are scheduled for destruction by Uintah School District In accordance accor-dance with federal statutes, these records are kept for a minimum of five years after completion comple-tion of the student's special spe-cial education program. Unless otherwise requested request-ed by parents, guardians, or former students of legal age, special education educa-tion records prior to 1996 will be destroyed after September 15,2001. Several reasons exist for destroying these records. Most obvious is the storage problem that would be created by keeping such bulky records indefinitely. Another reason is the need to maintain confidentiality confi-dentiality when continued existence of the outdated records serves little or no logical purpose. Finally, even for persons with legitimate interests in the student's status, such outdated out-dated records may be potentially misleading when considering current functioning. Parents, guardians, and former students of legal age may request copies of any special education records on file. Anyone with questions regarding this policy and its implementation imple-mentation may contact Anna LeFevre or Elaine Gardiner at the Uintah School District Office, 781 -3400 Ext. 111.. Published in the Vernal Express August 22 and 29. 2001. PUBLIC HEARING A pubbe hearing of the Vemal City Planning Commissi. has bees rescheduled for September II, 2001 at 7 U) p.m. To consider a request of Jeff, Fred and The da Washburn ta rezooc property located at 294 South 100 East from aa R 3 residential zone to aa R-4 residential zone ia order to build rental units and a private drive. The public hearing will be held in the Vemal City Council chambers, 447 Last Main, Vernal, Utah. Property owners and other interested persons are urged to attend. Later, a public hearing of the Vernal City Council will be held September 19. 20C1 at 7:30 p m. to consider the final recommendation of the Vernal City Planning Commission regarding the above reone request The public hearing shall be held in tlie Vernal City Council chambers, 447 East Main, Vernal, Utah. For further information, contact Russell Pesrson Vernal City offices, 447 East Main, (435) 789-2255 789-2255 during regular business busi-ness hours. In compliance with the Americans tiu Disabilities Act, individuals individu-als needing special accomrtiodations during this meeting should notify noti-fy Russell Pearson, 447 East Main, Vernal, UUi at least five davs before the hearing at (435) 789-2255. 789-2255. Published in the Vernal Express August 29, 2001. NOTICE OF TRUSTEE'S SALE The following described real property will be sold at public auction auc-tion to the highest bidder, . payable in lawful money of the United States at the time of sale, on the South Main Entrance of the Uintah County Courthouse, 147 East Main, Vernal, Utah, on Wednesday, September 19. 2001, at 1.00 p.m. Of said day for the purpose of foreclosing a Trust Deed dated May 21, 1998, executed by WILLIAM A. HAYES and KATHLEEN S. HAYES, husband and wife as joint tenants, as Trustor, wherein JAX H. PETTEY, Attorney at Law, is the Successor Trustee, FREMONT INVESTMENT & LOAN its successors andor assigns, is the Beneficiary, and which covers the following described real property situated in Uintah County, State of Utah, to-wit: to-wit: LOT 3 OF ESQUIRE ESTATES SUBDIVISION, SUBDIVI-SION, EXTENSION 2 AND 1 AMENDED ACCORDING TO THE OFFICIAL PLAT THEREOF ON FILE IN THE OFFICE OF THE RECORDER, UINTAH COUNTY, UTAH. Propertv Address: 1111 West 725' South Vernal, Utah 84078 Serial No.: 05-059-0103 Said Trust Deed was recorded May 28, 1998 as Entry No. 98003295 in Book 670 at Page 102 of Official Records. Notice of Default was dated February 3, 1999 and recorded February 5, 1999, as Entry No. 99001007, in Book 693, at Page 310 of Official Records. The Sale will be made without covenant or warranty war-ranty regarding title, possession pos-session or encumbrances. Successful bidder must be prepared to tender cashier's check for $5,000.00 to the trustee at the sale and cashier's check for the balance of the purchase price within 24 hours after the sale. DATED this 17th day of August 2001. JAX H. PETTEY, Successor Trustee , Attorney at Law 28 E. 2100 So. 217, SLC.UT84115 Telephone: 801) 994-7300 994-7300 P&B File No.: L99816 File Name: Hayes Published in the Vemal Express August 22, 29 and Sept 5,2001. MECHANIC'S LIEN SALE 1986 Dodge Daytona VIN1B3BA64E2GG12 8337 Sale October 5, 2001 at 10-00 a m. At Auto Works, inc, 182 E. 100 S. Vemal, UT 84078. Minimum bid $840. Published in the Vernal Express August 29 and Sept 5, 2001. PUB UC HJTAKING A public heanaf of the Versa! Cay PUa&iag Ccmraissjoa has beea scheduled for September 11. 2001 at 7:00 pan. to consider a request of Vernal City to vacate a portion of 300 North Street from Venul Avenue west to 100 W'est The public hearing will be nekl ia the Vernal City Council chambers. 447 East Maui. Vernal, Utah. Property owners and other interested person are urged to attend. Later, a public hearing of the Vernal City Council will be held September 19. 2001 at 7:30 p a. to consider the final reccnmendatioa of the Vemal City Planning Commission regarding the above street vacation request The public hearing hear-ing shall be held is the Vernal City Council chambers, 447 East Main, Vernal. Utah. For further laJormaGoo, contact con-tact Russell Pearson, Vernal City offices, 447 East Main, (435) 789-2255 789-2255 during regular business busi-ness hours. Anyone objecting to the proposed street vacation vaca-tion must file a written objection with Vernal City. In compliance with the Americans with Disabilities Ad, individuals individ-uals needing special accommodations during this meeting should notify noti-fy Russell Pearson, 447 East Main. Vernal, Utah at least five day before the hearing at (435) 789-2255. 789-2255. Published in the Vernal Express August 22. 29 and Sept 5 and 12.2001. INVITATION TO BID The Uintah Recreation District ' is accepting sealed bids from suppliers suppli-ers for the purchase of chain link fencing materials materi-als only for ball diamonds. dia-monds. The materials needed are as follows: 1.950' - 6' Chain link wire, 9 gauge 205 - 2 38 x 8 line posts 19 - 2 78 x 8' corner posts 100 2 78 tension bands 30 - 2 78 brace bands 30 - 6' tension bars 250' I 58 industrial top rail 3 - 12' x 6' industrial double drive gates plus hardware (hinges, latches, latch-es, etc.) ' Sealed bid must be received - -by - Friday, August 31. 2001, by 4:30 p.m. Bids will be accepted accept-ed at the Uintah Recreation office, 134 West Main, Suite 101, Vemal, UT 84078. Uintah Recreation has the right to reject or accept any or all bids and to determine which bid is, in the owners judgment judg-ment the lowest responsive respon-sive bid for the Uintah Recreation District Questions about this purchase pur-chase bid may be directed to Bart Mecham, Park Superintendent at (435) 781-0982. This bid package pack-age is for materials only. Published in the Vernal Express August 22 and 29,2001. SECTION 00020 INVITATION TO BID VERNAL CITY CEMETERY CHIP AND SEAL PROJECT Sealed bids for the construction con-struction of the CEMETERY CEME-TERY CHIP AND SEAL PROJECT will be received by the Owner, Vernal City, at its office located at 447 East Main Street Vemal, Utah 84078 until 2:00 p.m., local time, on September 11. 2001. Bids sent by mail shall be addressed to Vemal City, 447 East Main St, Veraal, Utah 84078. and shall be labeled "Bid for CEMETERY CEME-TERY CHIP AND SEAL PROJECT." The project is described in Section C1010 of the contract documents and includes clearing and grubbing of grass and weeds at the edge of road, patching and repairing repair-ing existing asphalt, placing plac-ing intermittent areas of asphalt leveling course, application of bituminous seal coat and applying chip material over the entire surface, and coating coat-ing the chip material with a final fog coat The total surface area is approximately approxi-mately 23,000 square yards. Contractor shall furnish all materials, equipment and labor. The project is located in Vernal City approximately approximate-ly 180 miles east of Salt Lake City, Utah. The cemetery is on 500 East at approximately 1800 south. Copies of the Contract Documents may be obtained at the office of Engineering Services, LLC, 1344 West Highway 40, (P.O. Box 1485), Vernal. Utah 84078, Telephone (435) 781255a Persons wish-ing wish-ing to obtaia copies of the Contract Documents shall furnish their street and naaihag addresses for delivery of documents and addenda. Each td shall be accofepaoied by a bid guaranty bond, or a certified certi-fied or cashier's check payable to the order of the Owner ia an amount not less thaa five percent (5) of the bid amount as a ruaranfy that the bidder will execute the contract if it is awarded ia conformity confor-mity with the bid form. The successful bidder w ill be required to furnish fur-nish performance and payment bonds, each ia aa amount not less man one hundred percent (100) of the full contract con-tract price. A pre-bid conference will be held at 1:00 am. oa September 5th, 2001. at the office of Vemal City. 447 East Main Street, Vernal. Utah 84078, The Owner reserves the right to reject any or all bids and to determine which bid is. in the Owner's judgment the lowest responsive bid of a bidder or group of bidders. bid-ders. The Owner also reserves The right to waive any informalities in any bid and to delete certain items listed in the bid as set forth therein. Bids received after the time established for receiving bids will not be considered. Except as provided in paragraph 00100-1 04 A 6 of the Contract Documents, no bidder may withdraw his bid after the time established estab-lished for receiving bids or before the award and execution of the contact, unless the award is delayed for a period exceeding sixty (60) calendar cal-endar days. Bidders must be licensed in the State of Utah for an amount equal to or greater than the amount of their bid and for the type of work required, at the time of bidding and throughout the period of the contract Bidders on this work must comply with all applicable governmental and local agency requirements. require-ments. Bidders must correctly prepare and submit the documents listed id Section 00300, Bid. Date: August 14th, 2001. WILLIAM J. KREMLN, JIL, Mayor Vernal City Published in the Vemal Express August 22, 29 and Sept S, 2001. PUBLIC NOTICE The Utah School and Institutional Trust Lands Administration has received an application to remove ordinary sand and gravel from the following fol-lowing described land: UINTAH COUNTY Township 13 South Range 21 East SLB&M, Section 32: W2SE4SE4NW4 Containing 5.0 acres, more or less The Administration will accept competing applications to remove the sand and gravel, and also competing applications applica-tions to lease, purchase, or exchange this property, proper-ty, a portion thereof, or a parcel including any of the above described acreage. Contact Tom Faddies for the appropriate appropri-ate required application. The Administration will accept competing applications during the following period of time: From 8:00 A.M. August 24,2001 Until 5;00 P.M. September 24, 2001. TRUST LANDS ADMINISTRATION 675 East 500 South, Suite 500 Salt Lake City, Utah 84102 801-538-5100 Lacking any competing applications for lease, purchase, or exchange, the Administration will evaluate the applications for the removal or ordinary ordi-nary sand and gravel and award the permit for such removal. Each application applica-tion for the removal of sand and gravel must contain a completed application form and two checks, one for the first year's rental of $10.00 per acre or fractional part thereof and the bonus bid, and one in the amount of $250.00 for the noo-refundable application appli-cation fee. The bid checks of all unsuccessful unsuccess-ful applicants will be returned. Materials permit per-mit applications will be evaluated on the following follow-ing criteria: 1) The amount of the bonus bid; 2) The amount rate and type of the proposed materials extraction and associated minimum royalty; roy-alty; and. 3) Other requirements provided for by the rules of the Administration or con-tateed con-tateed ia this notice. The successful applicant will be required to pay advertising adver-tising costs and the casts of a cultural resource study sf necessary. The successful apphcant will be required K rehabilitate any areas disturbed during dur-ing the lease period and areas with existing disturbance. distur-bance. Bonding for reclamation recla-mation and performance may also be required by the Administration. A term of up to five (5) years will be considered for this Permit Please submit sealed bid to Trust Lands Administration at the above referenced address. Reference MP257. The Administration reserves the nght to reject any application or subsequent subse-quent bids, "Minimum royalties vary by commodity. Contact Mr. Tom Faddies for details. Published in the Vernal Express August 22 and 29.2001. NOTICE TO WATER USERS The State Engineer received the following Application(s) to Appropriate or Change Water (Locations in SLB&M unless otherwise other-wise designated.) Persons objecting to an application must file a CLEARLY READABLE protest stating FILING NUMBER. REASONS FOR OBJECTION. PROTESTANTS NAME AND RETURN ADDRESS, and any request for a hearing. Protest must be filed with the State Engineer, Box 146300. Salt Lake City, UT 84114-6300 (801-538-7240) on or before September 25. 2001. These are informal proceedings pro-ceedings as per Rule R655-6-2 of the Division of Water Rights. (LEGEND: Point(s) of Diversion POD; Place of Use POU; Nature of Use USE) . UINTAH COUNTY APPLICATION(S) TO APPROPRIATE WATER 41-3557 9A73584): Connie M. Cook QUANTITY: QUAN-TITY: 3.73 ac-ft. SOURCE: 6 in. well 20 ft to 200 ft deep. POD: (1) N 1290 W 700 from Sl4 Cor. Sec 16, T1S. R24E. (West of Calder Reservoir) USE: Irrigation: from Apr 1 to Oct 31, total acreage 1.0000 acs; Stock watering: 10 head of livestock; Domestic: 1 family. POU: E12SW14 Sec 16.T1S.R24E 45-5907 (A73590): Jason and Cindy Anfinson QUANTITY: 3.0 ac-ft SOURCE: 6 in. well 20 ft to 100 ft deep. POD: (1)S 1340 W 1640 from NE Cor, Sec 14, T4S, R21E. (Vemal) USE: Irrigation: from Apr 1 to Oct 31, total acreage 0.7500 acs. POU: SW14NE14 Sec 14, T4S R21E APPLICATION(S) TO CHANGE WATER 45-5489 (a25886): DeArmon Batty proposes to correct the POD of water as evidenced by 45-5489 45-5489 (A 68875). HERETOFORE: QUANTITY: 4.0 ac-ft. SOURCE: 6 in. well 25 ft. to 75 ft deep. POD: (1) N 180 W 250 from SE Cor, Sec 18, T4S, R21E. USE: Irrigation: from Apr 1 to Oct 31. total acreage 1.0000 acs. POU: SE14SE14 Sec 18.T4S,, R21E. HEREAFTER: QUANTITY: QUAN-TITY: 4.0 ac-ft SOURCE: 8 in. well 63 ft deep. POD: (1) N 1226 W 374 from SE Cor. Sec 18,T4S,R21E.(Maeser) USE: ' Same as Heretofore. POU: Same as Heretofore. ROBERT L, MORGAN, PJL, State Engineer Published in the Vemal Express August 29 and Sept5,2O01. BUREAU OF INDIAN AFFAIRS NOTICE TO INDIAN LAND OWNERS X new law has made important changes in what happens to Indian allotments when the owners own-ers die. On November 7, 2000, the Indian Land Consolidation Act Amendments of 2000, PL. 106-462 became law. This brochure provides some information about the new law. For more detailed information please contact your local B1A Real Estate Services Office. For a list of Bureau offices you can go to the Bureau's web site at . www.doi.govbureau-indian-affairs. Under ''Organization' click on "Bureau of . Indian Affairs." Click on "Regional Offices' and there is a complete list of 811 Bureau offices with addresses and phone numbers. If you do not have access to the Internet, you may write 10- Bureau of Indian Affairs PubucAfifarri'TLCA MaJ Stop 4542 M1B I849CSLN.W. Washington. DC. 20240 and a list of Bureaa offices will be maikd to you. Special terms used in this Notice: life estate. If you own a life estate in land your right to the land lasts as long as you live, but you cannot decide w ho w ill get the land when you pass away. - remainder interest If you own a remainder interest in land, your right to the land begins when the person owning the life estate in the land dies. If an Indian has the remainder remain-der interest the land stays in trust - tenants in cornrnon. If you own land w ith someone some-one else as tenants in common, you will have an equal nght with your co-owners to the land while you live, and you can also decide who will own that interest when you pass away. - joint tenants with rights of survivorship or JTROS. If you own land with someone else as joint tenants with right of survivorship, your right to the land lasts as long as you live. As each joint tenant dies, the surviving joint tenants get the share of the deceased joint tenant ten-ant Eventually, the last surviving joint tenant owns the entire interest in the land, and only that person can decide who gets the land. immediate family. , Your immediate family members are your parents, par-ents, children, grandchildren, grandchil-dren, grandparents, brothers and sisters. - close family. Your close family members are your brothers, sisters, aunts, uncles, nieces, nephews, and first cousins. Indian. You will be considered an Indian under the new law if you are enrolled (or eligible to be enrolled) in a federally recognized Indian tribe, or if you are considered an Indian under certain other federal laws. PROBATE CHANGES The law provides two methods for a judge to decide who will own you land. By writing a will, you decide who receives your property. If you do not write a will a judge will apply rules of intestate intes-tate succession to decide who will own your land. The rules explained in I. and II. will apply to the estates of people who die after May 2002. These rules may also be affected by a federally approved tribal probate code. I. Rules of Intestate Succession If you does not write a will, a judge can only give your land to your spouse or immediate family, but only if they .are Indian. If your spouse or immediate imme-diate family are not Indian, they can inherit a life estate. The remainder interest will go to any of your close family if they are Indian and also own a share in the same allotment allot-ment If no members of your close family are Indian or none or them owns a share in the allotment, allot-ment, the tribe will get the land when the life estate holder dies. If a share is smaller than 5 of the whole allotment and it is inherited inherit-ed by more, than one of your heirs, those heirs will inherit it as JTROS. If the decedent's share is more than 5, each beir will inherit as a tenant in common. I. RULES OF INHERITANCE INHERI-TANCE WITH A WILL If you write a will, you may leave your trust land to any Indian or the tribe. However, if your will leaves your land to a non-Indian, non-Indian, they will receive only a life estate. The judge will . give the remainder interest to your spouse- or immediate family, but only if they are Indian. If neither your spouse nor your immediate family fami-ly are Indian, the remainder remain-der interest will go to your close family if they. ' are Indian and also own a share in the same allotment allot-ment If no members of your , close family are Indian or none of them -owns a share in the allotment, allot-ment, the tribe will get the land when the life . estate holder dies. If your will leaves your land to more thaa one person, the judge will make them JTROS, unless your will specifically specifi-cally makes them tenants in common. If your spouse, immediate immedi-ate family, close family, and children, grandchil dren, etc, are all non-Indians, non-Indians, yoa may be able to leave more than a "hie estate" to them. To find out more about your options, you should contact con-tact the local BLA Real Estate Services Office. To prevent land from leaving trust status, tribes may buy interests that are left to non-Indians by will III Rules for Co-owners If you owi a share ia an Indian allotment, you may buy the share of a deceased co-owner to prevent the tribe from acquiring that share under either intestate succession suc-cession or a will. You may not do this if the deceased co-owner's family will inherit the property. ADDITIONAL CHANGES Other parts of the new law will help with land consolidation and the development of allotted land. 1. At any probate hearing hear-ing the heirs can consolidate consoli-date their shares in the land being probated or any other shares in allotments allot-ments the heirs may own. 2. The new law makes it easier for allotment owners own-ers to buy. sell, or exchange interests in trust land. For example, an appraisal may not be needed when you give or sell land to a family member. Also, you can now make a gift of your land to non-family members mem-bers and the tribe. It should also take less time to put an undivided interest inter-est into trust if any of the allotment was in trust on November 7. 2000. 3. To encourage consolidation, consol-idation, you can now make a written request for the names, addresses and ownership interests of your co-owners or the owners of trust land on your reservation. To encourage development lessees and other users can also obtain the same information. 4. To encourage negotiated negoti-ated leases, the law sets new minimum consent requirements for the leasing leas-ing of allotted land. 5. The new law does not apply to land in Alaska SUMMARY Congress has enacted a new law affecting all allotted land. The purpose pur-pose is to keep allotted land in trust for Indian use. This law makes important changes in how Indian land is inherited. From now on: 1. You must be an Indian. 2. Non-Indians can no longer inherit allotted land. 3. Only close Indian relatives will automatically automati-cally inherit allotted land. 4. The law also makes it easier to sell or gift deed your allotments to other Indians. If you do not have a will, your land can pass t only to these Indian rela-' fives: spouse, children, grandchildren, parents. In some instances the following fol-lowing relatives may also be able to inherit your land: brothers and sisters, aunts and uncles, nieces and nephews, or first cousins. If you make a will, you can leave your land only to another Indian or the tribe. You can also give a life estate (right of use) in that land to any non Indian, with a remainder interest going to any Indian immediate family member. Even if you already have a will, you should contact your BLA Real Estate Services Office to see if you should make changes to your will. If you do not have a will ' and you wish to control who will inherit your property, you should definitely def-initely read this brochure and contact your BIA Real Estate Services Office. Published in the Vernal Express August 29 and Sept 5, 2001. . NOTICE OF FIXING Ouray Park Water Improvement District has 3 nominees who have filed for the 2 positions up for elections on it's board of trustees. They are Elaine Bard, Alan Cooper & Alice Heater. Any interested persons may still file and run as a write-in candidate, you must certify. Contact Lisa Frost, fourteen days prior to the Elections in November. (435-545-2415) Published in the Vemal Express August 29 and Sept 5, 2001. : Public Notices are continued on Page 7 y |