Document Type
Article
Abstract
This brief Article explores the advantages and disadvantages of the under-enforcement of land use regulations by the Navajo Nation. Though scholarship on economic development, including tribal economic development, tends to emphasize the importance of well-defined and predictable rules, homeowners and entrepreneurs seeking land use permissions confront an environment on the reservation marked by under-enforcement. As this Article shows, the limited resources available to many tribal members help explain the tribe’s decision to selectively under-enforce otherwise required land use permitting processes. The purpose of this Article is to neither praise nor condemn an under-enforcement strategy, but instead to provide a framework for thinking through the costs and benefits of such an approach.
DOI
https://www.doi.org/10.70657/SDLR.V71.I3.584
Recommended Citation
Ezra Rosser,
Under-Enforcement of Tribal Land Use Regulations,
71
S.D. L. Rev.
584
(2026).
Available at:
https://red.library.usd.edu/sdlrev/vol71/iss3/11