11 min

The Palouse People, Eminent Domain and the Snake River Land Clinic Audio Archives

    • Education

This month we’re featuring one of our clinic client-collaborators, KHIMSTONIK, and the work they are doing in Southeast Washington, specifically lands on the Snake River around the Ice Harbor Dam. If you would like to support the work of the Palouse and KHIMSTONIK, please consider donating directly to the organization.
The Lady Who Does Tasks Quickly
My name is ILL-LAH-WAH-LITZ-TUN-MYE (Lady who does tasks quickly). My English name is Ione IronHorse Martel Jones. I am an enrolled member of the Confederated Tribes and Bands of Yakama Nation and a lineal descendant of the WOW-YICK-MA NAH-KHEE-UM NU-SHWA, the People from Lower Snake River Palouse.
I am also the Executive Director and President of KHIMSTONIK, a tax-exempt Section 501(C)(3) nonprofit organization. Named after my Kuthla (grandmother), KHIMSTONIK seeks to understand the systems affecting Indian Country and to identify the ongoing disparities arising out of centuries of cultural appropriation and land thefts. 
My current focus is to continue my family's mission of land return for the hundreds of acres taken by the US Army Corp via eminent domain in 1959.
Keepers of the Past
My family descends from WOW-YICK-MA NAH-KHEE-UM NU-SHWA, the People from Lower Snake River Palouse. The Palouse are a distinct band of Ichishkin speaking people located in the confluence of the states of Oregon, Washington and Idaho. My ancestors resisted signing onto the Yakama Treaty of 1855, so our family’s land claims are a bit different from others in the area. My relatives CHO-WAWA-TYET (Indian Jim), XILCH-KO-WAKS WACH-OM-KYE (Wolf Necklace) and AL-LI-LUYA (Thomas Jim) received land patents under the Homestead Act of 1862 that guaranteed title (rather than a trust relationship) to our ancestral lands. Our family remained in the area until 1959 when the US Army Corp instituted a “condemnation” proceeding (eminent domain) and forced us to move off the land.
I am not the first in my family to advocate for our land return. I follow in the footsteps of all my relatives that have held the U.S. government accountable since April 19, 1880. This includes my grandmother, KHIMSTONIK (Mary Jim Chapman). She was there the day that her relatives were taken from their final resting place on Fishhook Island (now under water due to the dam) in preparation for the Ice Harbor Dam. 
We have received so many false starts to the return. KHIMSTONIK and my Aunt AYATOOTONMI (Carrie) went so far as to testify  in the 1988 U.S. Senate Hearing Before the Select Committee on Indian Affairs before the late Senator Daniel K. Inouye of Hawaii and Senator Daniel J. Evans of Washington. During the meeting, promises regarding our relatives were actually addressed on the record. Though these promises did not lead anywhere, the family never stopped remembering our relatives and the fight for our land.
To read more about my family’s story, including first hand accounts from KHIMSTONIK and AYATOOTONMI, check out this article written in 1993.
What is Eminent Domain?
Eminent domain is the power of a governmental entity to take land for public use without the owner's consent. This power comes from the common law concepts of “necessity and sovereignty” but has been codified (made into a law) by the legislative branch. 
Common law is judge-created law. This means that a judge made an objective decision that turned into the precedent that other judges follow.
A judge looks at the following criteria when determining whether a taking is appropriate:
* The taking of the land (also known as condemnation) of the property is reasonably necessary.
* The land will be used for a public purpose.
* Just compensation is paid to the land owner for the condemned property.
In the case of my family, the judge found that the creation of the dam outweighed our (and others in the surrounding area) claims to our land. For the estimated 18 descendants, the US Army Corp collectively paid out just $3,500 (percentages received at varying

This month we’re featuring one of our clinic client-collaborators, KHIMSTONIK, and the work they are doing in Southeast Washington, specifically lands on the Snake River around the Ice Harbor Dam. If you would like to support the work of the Palouse and KHIMSTONIK, please consider donating directly to the organization.
The Lady Who Does Tasks Quickly
My name is ILL-LAH-WAH-LITZ-TUN-MYE (Lady who does tasks quickly). My English name is Ione IronHorse Martel Jones. I am an enrolled member of the Confederated Tribes and Bands of Yakama Nation and a lineal descendant of the WOW-YICK-MA NAH-KHEE-UM NU-SHWA, the People from Lower Snake River Palouse.
I am also the Executive Director and President of KHIMSTONIK, a tax-exempt Section 501(C)(3) nonprofit organization. Named after my Kuthla (grandmother), KHIMSTONIK seeks to understand the systems affecting Indian Country and to identify the ongoing disparities arising out of centuries of cultural appropriation and land thefts. 
My current focus is to continue my family's mission of land return for the hundreds of acres taken by the US Army Corp via eminent domain in 1959.
Keepers of the Past
My family descends from WOW-YICK-MA NAH-KHEE-UM NU-SHWA, the People from Lower Snake River Palouse. The Palouse are a distinct band of Ichishkin speaking people located in the confluence of the states of Oregon, Washington and Idaho. My ancestors resisted signing onto the Yakama Treaty of 1855, so our family’s land claims are a bit different from others in the area. My relatives CHO-WAWA-TYET (Indian Jim), XILCH-KO-WAKS WACH-OM-KYE (Wolf Necklace) and AL-LI-LUYA (Thomas Jim) received land patents under the Homestead Act of 1862 that guaranteed title (rather than a trust relationship) to our ancestral lands. Our family remained in the area until 1959 when the US Army Corp instituted a “condemnation” proceeding (eminent domain) and forced us to move off the land.
I am not the first in my family to advocate for our land return. I follow in the footsteps of all my relatives that have held the U.S. government accountable since April 19, 1880. This includes my grandmother, KHIMSTONIK (Mary Jim Chapman). She was there the day that her relatives were taken from their final resting place on Fishhook Island (now under water due to the dam) in preparation for the Ice Harbor Dam. 
We have received so many false starts to the return. KHIMSTONIK and my Aunt AYATOOTONMI (Carrie) went so far as to testify  in the 1988 U.S. Senate Hearing Before the Select Committee on Indian Affairs before the late Senator Daniel K. Inouye of Hawaii and Senator Daniel J. Evans of Washington. During the meeting, promises regarding our relatives were actually addressed on the record. Though these promises did not lead anywhere, the family never stopped remembering our relatives and the fight for our land.
To read more about my family’s story, including first hand accounts from KHIMSTONIK and AYATOOTONMI, check out this article written in 1993.
What is Eminent Domain?
Eminent domain is the power of a governmental entity to take land for public use without the owner's consent. This power comes from the common law concepts of “necessity and sovereignty” but has been codified (made into a law) by the legislative branch. 
Common law is judge-created law. This means that a judge made an objective decision that turned into the precedent that other judges follow.
A judge looks at the following criteria when determining whether a taking is appropriate:
* The taking of the land (also known as condemnation) of the property is reasonably necessary.
* The land will be used for a public purpose.
* Just compensation is paid to the land owner for the condemned property.
In the case of my family, the judge found that the creation of the dam outweighed our (and others in the surrounding area) claims to our land. For the estimated 18 descendants, the US Army Corp collectively paid out just $3,500 (percentages received at varying

11 min

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