Court battle ensues after Nevada colony evicts longtime tribal residents in Winnemucca

WINNEMUCCA, Nev. (News 4 & Fox 11) — A years-long dispute over a piece of Native American land has now come to a head, forcing several residents out of their homes. Residents are now appealing to the courts.

This case involves the Winnemucca Indian Colony. It's located on the south end of Winnemucca. The history of the land dates back to President Woodrow Wilson. He issued an executive order in 1916 allowing federal railroad land to be used for the Winnemucca Indian Colony. It was meant for homeless Paiute and Shoshone Native Americans.

In the past few years, some of the people living on the land have been intertwined in a legal fight to stay there. But it's been a complicated dispute that dates back to the late 1970's said the colony's attorney Norberto Cisneros.

"Four years ago when they so-called served eviction papers, they zip tied them to my fence on the street," said Elena Loya.

Loya lived in the house where her mother used to. In fact, generations of her family have been there almost a half-century.

"My great great grandmother, Sally Cinnabar, she died on that colony. Her mother died in that house that I live in," she said. "I’ve got my daughter’s ashes spread there."

December 2, 2022 is when the court challenges came to a head when the Winnemucca Indian Colony Tribal Court ordered that several residents could be evicted by the tribal council.

The evicted residents say the tribal council has no authority -- that they voted themselves in -- and they won't follow their rules. Some residents even question whether the chairwoman, Judy Rojo, and other council members are Native American.

"I'm full of hatred for that tribal council," said Jim Ayer who was evicted. "They said I was a terrorist... Sure I might've threatened those guys, but what is the guy going to do when they show up with front end loaders and start taking your campers and your fence and all the tools out of your garage? They got a court order to take everything out of your yard, your house, cars, tools, lawnmower, dog, whatever."

The Winnemucca Indian Colony's lawyer explained why certain residents can't live on the land:

"The people on the land right now or not members of the Winnemucca Indian Colony and cannot trace lineage back to the homeless 1916 Indians, who were a part of the 1916 base roll that we were talking about and in addition, many of them receive federal funds from other tribes," Cisneros said.

Some residents who were evicted admit they get money from another tribe.

The residents said they had a few days to move out their belongings. Those people who returned, like Kyle Missouri, were arrested by the Bureau of Indian Affairs and Humboldt County deputies. He spent six days in jail.

"I got wrestled down and they tased me two or three times," he said. "Winnemucca Indian Colony does not own that house. My grandma owns that house so she is the one who should authorize who can and cannot be there."

Some of the colony's elders who were evicted are now living in the Motel 6 in Winnemucca.

"This is about humanity basically. Why would you kick someone out in the middle of winter especially in Winnemucca when it was snowing?" Missouri said.

The colony has offered leases for some residents to stay on the land.

"The lease had a bunch of stuff that I couldn’t even talk to certain residents. I didn't agree with it and they're like, you're going to have to move," said Lovelle Brown.

The colony boarded up some houses, bulldozed others saying they were unsanitary or unsafe. The colony said they also paid to have some mobile homes moved.

"It’s not some heartless middle of November, throw families out. This is a process that’s been going on for years and we have tried to work with them but the response always comes, no and you have no right to do what you’re doing," said Cisneros. "And they have people on them with no leases, no legal documents to be there, no right under Indian law."

Cisneros said if the people agreed to abide by the rules and laws set in place by the council, this case might have had a different outcome.

Now, a large fence around the colony and the court order keeps evicted residents out of the the land.

Attorneys for the residents are currently appearing the eviction ruling.