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The United States was the first jurisdiction to acknowledge the common law doctrine of aboriginal title (also known as "original Indian title" or "Indian right of occupancy"). Native American tribes and nations establish aboriginal title by actual, continuous, and exclusive use and occupancy for a "long time."
Oneida Indian Nation of New York v. County of Oneida, 414 U.S. 661 (1974), is a landmark decision by the United States Supreme Court concerning aboriginal title in the United States. The original suit in this matter was the first modern-day Native American land claim litigated in the federal court system rather than before the Indian Claims ...
Aboriginal title is also referred to as indigenous title, native title (in Australia), original Indian title (in the United States), and customary title (in New Zealand). Aboriginal title jurisprudence is related to indigenous rights , influencing and influenced by non-land issues, such as whether the government owes a fiduciary duty to ...
Indian Land Claims Settlements are settlements of Native American land claims by the United States Congress, codified in 25 U.S.C. ch. 19. In several instances, these settlements ended live claims of aboriginal title in the United States. The first two—the Rhode Island Claims Settlement Act and the Maine Indian Claims Settlement Act ...
United States and Native American treaties (4 C, 117 P) Pages in category "Aboriginal title in the United States" The following 68 pages are in this category, out of 68 total.
Sims' Lessee v. Irvine (1799) was the first Supreme Court decision to discuss aboriginal title (albeit briefly), and the only such decision before the Marshall Court. The Court found ejectment jurisdiction over certain lands, notwithstanding the defendant's claim (in the alternative to the claim that the defendant himself held title) that the lands were still held in aboriginal title because:
In her AP European History course, she said, “we’re not discussing Black people at all” — even though they were colonized by Europeans. ... 800-290-4726 more ways to reach us. Sign in ...
First, the court rejected the state's argument that "aboriginal title alone does not mean a title having the protection of the Non-Intercourse Act"; the court held just the opposite. [42] Next, the court held that it was irrelevant that the tribe was incorporated under state law and that the tribe was not federally recognized. [43]