§30.236. How are covered permanent improvements treated?
43 C.F.R. § 30.236
In an intestate case, under the Act, an interest in a covered permanent improvement attached to a parcel of trust or restricted land is treated as shown in the following table:
In a testate case, under the Act, an interest in a covered permanent improvement attached to a parcel of trust or restricted land is treated as shown in the following table:
The provisions of the Act apply to a covered permanent improvement—
Even though it is not held in trust; and
Without altering or otherwise affecting its non-trust status.
The judge's decision will specifically direct the distribution only of the decedent's trust or restricted property, and not any non-trust permanent improvement attached to a parcel of trust or restricted land. However, the judge:
Will include in the decision a general statement of the substantive law of descent or devise of permanent improvements; and
Can approve a consolidation agreement under subpart F of this part that includes a covered permanent improvement.
Notes, amendments, and revision history
Amendments
[76 FR 7507, Feb. 10, 2011]
Authority
Authority: 5 U.S.C. 301, 503; 25 U.S.C. 9, 372-74, 410, 2201 et seq.; 43 U.S.C. 1201, 1457.
Source
Source: 73 FR 67289, Nov. 13, 2008, unless otherwise noted.
Amendments
[76 FR 7507, Feb. 10, 2011]