Topgolf Aims for 2016 Tulsa Opening

[SouthTulsaCountyDude]

I say the Creek Nation do away with their FlyingTee plan... and replace it with TopGolf.   

[Stanley1]

I say the Creek Nation do away with their FlyingTee plan... and replace it with TopGolf.   

Far too late for that.

[EricGarcia]

Is there an update on TopGolf in Tulsa?  They are not going to be opening in 2016, but has anyone heard rumors of their plans?

[AngieB]

I think one big difference between Flying Tee and TopGolf will be (I suspect) a gambling component at Flying Tee.

[swake]

I think one big difference between Flying Tee and TopGolf will be (I suspect) a gambling component at Flying Tee.

The Creek Nation did put the land in reserved status, they certainly could do slot machines or something there.

[Conan71]

Is there really room for both in this market?

[cannon_fodder]

The Creek Nation did put the land in reserved status, they certainly could do slot machines or something there.

My understand is that reserve status means nothing. To be in compliance with the gaming compact it must be Indian Trust Land look at the Assessor map for the Creek Casino, the deed is held by the United States Government in trust for the Creek Nation). IN that this land was previously developed and owned by NOT the tribe itself, it cannot be trust land. In that it was owned outside of tribal members it is also not original allotment land (which is called something else, but gets less-awesome non-sovereign special treatment).

Short version - it is very doubtful they can have any sort of gaming there.

[swake]

My understand is that reserve status means nothing. To be in compliance with the gaming compact it must be Indian Trust Land look at the Assessor map for the Creek Casino, the deed is held by the United States Government in trust for the Creek Nation). IN that this land was previously developed and owned by NOT the tribe itself, it cannot be trust land. In that it was owned outside of tribal members it is also not original allotment land (which is called something else, but gets less-awesome non-sovereign special treatment).

Short version - it is very doubtful they can have any sort of gaming there.

Reserved means it is land held in trust. When the Creek Nation bought the land and had it moved into trust status Jenks and Oklahoma lost all taxation rights to the land. There's no difference. The Creek Nation even paid an amount to Jenks to offset the lost revenue so the city wouldn't fight the action.

Anyway, I looked it up and The Indian Gaming Act of 1988 does state that new trust land cannot have gaming, but there are two exceptions that would apply here.
1. Oklahoma tribes are exempt when the land is within their national boundaries. Which this land is.
2. When the land is contagious with other older reserved land, which the Riverwalk site is as well.

http://www.nigc.gov/images/uploads/Indian%20Gaming%20Regulatory%20Act.pdf
Sec. 2719. Gaming on lands acquired after October 17, 1988
(a) Prohibition on lands acquired in trust by Secretary. Except as provided in subsection (b), gaming regulated by this Act shall not be conducted on lands acquired by the Secretary in trust for the benefit of an Indian tribe after the date of enactment of this Act [enacted Oct. 17, 1988] unless--
(1) such lands are located within or contiguous to the boundaries of the reservation of the Indian tribe on the date of enactment of this Act [enacted Oct. 17, 1988]; or
(2) the Indian tribe has no reservation on the date of enactment of this Act [enacted Oct. 17, 1988] and-- (A) such lands are located in Oklahoma and--
(i) are within the boundaries of the Indian tribe's former reservation, as defined by the Secretary, or
(ii) are contiguous to other land held in trust or restricted status by the United States for the Indian tribe in Oklahoma;

[cannon_fodder]

I'm not expert on the subject (a wise man would stop reading now!), but I know someone who is a preeminent expert in this area and will ask them for the answer.

But my understanding is that there is Federal Trust Land which is land held by Uncle Sam for the tribe and has the strongest rights and requires approval of the Secretary of the Interior to alter (their land, their rules). Restricted Land/Original Allotment land, which is held in trust for the family to whom it was originally allotted (and has special tax treatment and exemptions from some state laws, think smoke shops and firework stands, in addition to other small businesses you don't hear about). There is fee land inside the Nation (tribe owns the land, not in trust). Then basically everything else.

Here is what the deed to Trust land looks like for Federal Trust Land, in this instance the land that the River Spirit Casino sits on:

USA IN TRUST FOR THE MUSCOGEE CREEK NATION

Here is what the RiverWalk deeds read:

MUSCOGEE (CREEK) NATION

At this time it appears to be held in fee by the tribe. They could petition the Secretary to take the land in Trust, and would likely cite exactly what you did to try to get it approved for gaming. I'm not sure how the contiguous thing works out (I think the trust land ends at the river), but it certainly is within their former reservation and they did not have a reservation in 1988.  But that is a longer process than we are talking about.

Also worth noting that they have kept saying they "have no plans" to do that. Jenks raised concerns about sales tax, property tax, and gaming and they were told it was a non-issue. Then again, it would be hard to really blame a tribe for saying one thing to the "white man" and then backing out of the deal. Stupid karma.

[cannon_fodder]

Friend got back to me...

It was purchased in fee and is held in fee at the moment. Assuming they have no notes on it, they could petition for it to be Trust land but my friend was not aware that such a thing has happened. Given that it is within their territory and arguably contiguous to existing trust land (something about the river bottom argument), it would likely be approved for gaming eventually. Friend said they would be surprised if a petition for trust wasn't made at some point even if they didn't intend for their to be gaming (I'm assuming to get the competitive advantage of taking it outside the jurisdiction of Oklahoma and Jenks?). 

they also said I have a "tenuous grasp" of Indian Law as it concerns land. Which I choose to take as a compliment, though I'm confident it was meant as an insult.   

Kudos on your 2719 analysis, appears you were spot on.

[Stanley1]

You guys are making it too complicated.  Simply check out the websites, listen to them (Creeks and those running it) talk about it, and  everything else.  There will be no gaming at Flying Tee.

[sgrizzle]

The tribes are making plenty money off gaming, but they have been spending a lot of it on developing non-gaming sources of revenue. Putting a slot machine at a golf complex would just be silly. The thing has three restaurants in it and everything is golf-themed. I don't play golf and I kinda want to go.

[sgrizzle]

https://www.youtube.com/watch?v=9bHPJ8RDq2U&feature=youtu.be

Construction video