Practice

Economic Opportunities

At Luebben Johnson & Barnhouse, we understand how to work with developers, businesses, Native American communities and the public in reaching agreements that benefit everyone's interest. The Firm recently completed an analysis of Indian reservation economic development that is a comprehensive manual analyzing the competitive tax and regulatory advantages of doing business on Indian reservations entitled: "Doing Business on the Reservation: Competitive Advantages & Other Considerations for On-Reservation Enterprises of the Tribe, Tribal Members and Non-members." All of our senior attorneys have experience in land development for a wide variety of tribal, commercial and industrial projects.

Gaming

Our firm serves as general counsel to tribal gaming operations, drafting and reviewing contracts, resolving personnel and vendor problems, and dealing with regulatory compliance issues. We assist in the negotiation of gaming-related agreements, including management, development and financing agreements, and compacts pursuant to the Indian Gaming Regulatory Act of 1988. And, we are currently negotiating mitigation agreements with local governments to secure their support for federal legislation authorizing an off-reservation tribal gaming site, which requires detailed analysis of the tax effects of land being taken into trust for an Indian tribe.

Corporate Counsel

The Firm acts as general counsel for a variety of Native and non-Native enterprises, providing legal advice and representation in all matters that may arise. In this capacity, our attorneys appear for and on behalf of our clients before all federal, state and tribal courts, agencies and legislative committees. The firm's attorneys are accessible to their clients at all times and are available to attend meetings of councils, governing bodies, or other groups whenever needed.

Enterprise Organization

While a law school professor, Karl Johnson taught business associations, and for years had his own firm concentrating on organizing, structuring and developing business ventures. Recent work has been assisting tribes and Pueblos with the formation of tribal enterprise corporations, including federally chartered corporations under Section 17 of the Indian Reorganization Act.

Commercial Transactions

The lawyers in our firm have experience dealing with the unique issues raised by financing arrangements in Indian Country. We provide drafting and legal review of construction contracts, architect contracts, and help negotiate construction loan agreements. We have represented private business and individuals in real estate purchases and sales, and on- and off-reservation leasing, including the purchase and sale of raw land, commercial properties and hotels. Other work has included shopping center leases, commercial leases for raw land and buildings, business site leases, financing agreements secured by on-reservation business leases, and electric power plant development agreements.

Leases & Rights-of-Way

The firm has broad experience in land acquisitions and in the negotiation of tribal business site, mining, and agricultural leases, and pipeline and access rights-of-way across Indian trust land. Also, the firm has represented Native American groups with respect to tax and title issues on fee land within the boundaries of Indian reservations, and privately held corporations in connection with a range of on- and off-reservation real estate issues.

Taxation & Regulation

As experienced Indian law practitioners, our firm is thoroughly familiar with the legal principles governing federal, tribal, state and local taxation and regulation of individuals and business enterprises. We assist clients in dealing with state and local attempts to impose taxes or regulatory requirements on reservation-based enterprises. We also work with tribal governments in developing tax and regulatory codes of their own.