Here & Now

Lac du Flambeau Tribe Blocks Roads Over Lapsed Contracts

Frederica Freyberg:

That was Senator Mary Felzkowski. Her district also includes Lac du Flambeau where a property standoff between tribal government and local residents has come to a head. “Here & Now’s” Nathan Denzin reports how access to homes over tribal land has been blocked over an easement dispute.

Nathan Denzin:

It’s been two weeks since the Lac du Flambeau Tribe blocked four access roads that run through tribal lands and residents say they’re not sure if the chains will come down any time soon.

Dave Miess:

Unless all the parties are really willing to sit down in person, I’m concerned this could drag on for a while.

Nathan Denzin:

The dispute that blocked the roads has taken course over the last 10 years. Starting in 2013, agreements for passage on the roads lapsed between the tribe and title companies that ensure most of the houses in the area. Since then, no new agreement has been in place. The roads in question cut through tribal lands, which, according to the tribe, means the non-tribal homeowners have been trespassing. Miess owns a home in the area and says he and his neighbors were given about two weeks’ notice before the barriers went up. In a statement released January 31st, Lac du Flambeau Tribal President John Johnson Senior said, “The Town of Lac du Flambeau and the title companies have not always acted in good faith to resolve this issue. The tribe is fed up with the title companies’ games.” In response to the barriers, First American, one of the title companies involved, told PBS Wisconsin, “First American Title has made a good faith offer on behalf of our insured homeowners to the tribe based on historical precedent from prior negotiated right-of-way easements.” Although First American says they have made an offer, the barriers have remained in place. Because of these roads being blocked, about 55 households are now stuck in a situation where their cars can leave but would not be allowed back in.

Dave Miess:

The thing we’ve tried to say is that the people that don’t have responsibility are the people that ultimately are paying the price for this are the homeowners.

Nathan Denzin:

In order to get groceries and other supplies, Miess and his family walk across a lake to their car, which is parked at a neighbor’s house located on a public road.

Dave Miess:

If we need to go get groceries, for example, our kids are all grown but we have their sleds, their little plastic sleds and we walk across the lake and go to our neighbors and get in the Jeep and only get as much stuff as we can fit on the sleds because it’s got to make it back.

Nathan Denzin:

Miess says the trek across the lake isn’t too bad for his family but for others in his community, the trip isn’t possible.

Dave Miess:

We do have a person and she actually had a high schooler that is actually a special needs child and she and her child actually had to leave and move back to Iowa to some family members because they literally couldn’t — there was no way to handle this otherwise.

Nathan Denzin:

While the roads are blocked, Vilas County Sheriff Joe Fath said he has been in contact with the Lac du Flambeau Tribal Police who say they have directed twice daily wellness checks. Police say they have delivered medication to at least two residents and have offered food box deliveries. However, Miess says those wellness checks are far less frequent than the tribe claims.

Dave Miess:

They’ve been back in our neighborhood twice in that time. I know some people have maybe only had a check-in one time.

Nathan Denzin:

While residents wait for a solution that would grant them access to the roads again, Governor Evers met with tribal leaders Monday and said the meeting was productive. In a statement the governor said, “As this is an ongoing private dispute, my priority as governor is encouraging everyone in the area to engage amicably and peacefully with each other while working to bring all parties to the table to resolve this issue quickly.” The Lac du Flambeau Tribe has since put out a statement saying they are hopeful the issue can be resolved in a timely manner while the town met Tuesday to consider possible legal action. One possible short-term solution requested by both the town and First American would be to negotiate new easements in person and lift the barriers while negotiating. However, no action has been taken. Miess says nobody is sure when the barricades will actually be lifted.

Dave Miess:

We need these people to all take responsibility for this to get this thing figured out, get these roads unblocked, get the easements in place, make sure the tribe is compensated fairly for their easements and we can all get back to lives.

Nathan Denzin:

For “Here & Now,” I’m Nathan Denzin.

Frederica Freyberg:

Many thanks to WJFW-TV in Rhinelander for their videography for that report.