---
kind: "section"
citation: "25 C.F.R. § 169.410"
title: "25"
number: "169.410"
heading: "What will BIA do if a grantee remains in possession after a right-of-way expires or is terminated or cancelled?"
url: "https://uscodex.org/cfr/25/169.410"
---

# §169.410. What will BIA do if a grantee remains in possession after a right-of-way expires or is terminated or cancelled?


If a grantee remains in possession after the expiration, termination, or cancellation of a right-of-way, and is not accessing the land to perform reclamation or other remaining grant obligations, we may treat the unauthorized possession as a trespass under applicable law and will communicate with the Indian landowners in making the determination whether to treat the unauthorized possession as a trespass. Unless the parties have notified us in writing that they are engaged in good faith negotiations to renew or obtain a new right-of-way, we may take action to recover possession on behalf of the Indian landowners, and pursue any additional remedies available under applicable law, such as a forcible entry and detainer action. The holdover time will be charged against the new term.


## Notes

### Authority

Authority: 5 U.S.C. 301; 25 U.S.C. 323-328; 25 U.S.C. 2201 et seq.

### Source

Source: 80 FR 72534, Nov. 19, 2015, unless otherwise noted.