8. Intrusion on tribal lands. Except as otherwise provided by law, no person shall settle or reside, conduct a business, operate a junkyard, or establish or contribute to an automobile graveyard or dump of any kind, upon any lands owned or occupied by any nation, tribe or band of Indians, except the members of such nation, tribe or band. Without the permission of the council or other similar authority of any Indian reservation, no person shall hereafter establish, conduct and operate, or contribute to the establishment, conduct and operation of any junkyard, automobile graveyard or dump on any land within the limits of an Indian reservation. Any lease, contract or agreement in violation of this section shall be void. The county judge of the county in which such lands are situated, upon complaint made to him, of a violation of this section shall, if he thinks there is reasonable ground therefor, issue a notice directed to the person against whom complaint is made, requiring him to appear before such judge at a time and place therein specified, to answer the complaint. Such judge shall attend at the time and place mentioned in the notice, and upon proof of the personal service of such notice, shall take proof of the facts alleged in the complaint, and shall determine whether such person is an intruder upon the lands of such reservation. If he shall determine that such person is an intruder, he shall issue a warrant to the sheriff of the county commanding him, within ten days after the receipt thereof, to remove such person from such lands. If such judge shall determine that such person has been removed from such lands on a previous occasion, he shall issue his warrant commanding the sheriff, within ten days from the receipt thereof, to remove such person and commit him to the county jail for the space of thirty days, without being entitled to the limits or the liberties of such jail; and such judge shall cause such conviction to be drawn up and filed in the office of the county clerk, which conviction shall be final. In the execution of either of such warrants the sheriff shall have the same powers as in the execution of criminal process, and shall be paid by the state such compensation as the comptroller shall certify as reasonable. The district attorney of any county in which reservation lands are situated, upon the written application of a majority of the chiefs, councilors or head man of the nation, tribe or band owning and occupying such lands, shall make complaint of any intrusions on such lands, and cause the intruders to be removed. If a person, conducting a business, operating a junkyard, or having established or contributed to an automobile graveyard or dump, shall have been determined to be an intruder under this section, such judge may, in addition to any other penalty prescribed by this section, order the removal of such business, junkyard, automobile graveyard or dump within a reasonable time.
Last modified: February 3, 2019