The Legislative Branch of the Eastern Band of Cherokee Indians shall be empowered to adopt laws and regulations for the management and control of all real property belonging to the Tribe, and no person shall be entitled to own a possessory holding in any lands belonging to the Eastern Band of Cherokee Indians, unless such person shall be a citizen of the Tribe.
Section 1. Land in Trust. All lands owned by the Tribe and held in trust by the United States for the benefit of the Eastern Band of Cherokee Indians, shall remain trust property in perpetuity. Nothing in this section shall prevent the Tribe from entering into a ‘like-kind’ exchange of trust property for other realty.
Section 2. Eminent Domain. When deemed necessary by Tribal Council, lands held by the Eastern Band of Cherokee Indians for which a possessory holding has been assigned, may be condemned only for public purposes for the benefit of the Tribe. This power of eminent domain may be exercised only after each person who has a property interest in the subject of condemnation has received proper notice, due process, and just compensation for their property interest. The Eastern Band of Cherokee Indians will not use the power of eminent domain except for public utilities, improvements, infrastructure, or prehistoric/historic cultural sites.
(January 2022 draft + commentary to view the corresponding explanation.)