The agreement between Elk Grove and Hughes calls for an outlet mall to be built on the 100-acre parcel at the city’s southern end, off Highway 99. City officials, along with the tribe, insist that once the federal government takes the land, local and state laws no longer apply. They argue that federal jurisdiction means the development agreement is also moot. “A tribal reservation or tribal trust land is not impacted by city ordinance,” said Wilton attorney Rose Weckenmann. One prominent tribal-law expert, however, contends the issue is far from settled because the development agreement is considered a recorded encumbrance on the deed. “This is not a slam dunk,” said Howard Dickstein, a Sacramento attorney who has represented Indian tribes including the owner of Thunder Valley Casino Resort. “It’s unclear what the situation is.” The U.S. Interior Department typically takes land into trust for a tribe, only after encumbrances – such as a development agreement, claim or easement – are removed. To facilitate the tribe’s trust application, the Elk Grove City Council sought to clean up the property’s title in October by amending the development agreement to remove the 36 acres.
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