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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."
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 ...
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.
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 ...
The court reviewed its recent aboriginal title decisions, and reiterated its statement in Oneida I that the Act merely "put in statutory form what was or came to be the accepted rule." [20] Statute of limitations Justice Lewis F. Powell, Jr. sustained the Oneida's federal common law cause of action and rejected all of the counties' affirmative ...
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, the Supreme Court recognized that the Natives' "right of occupancy is considered as sacred as the fee simple of the whites." Nevertheless, the Tee-Hit-Ton court falsely attributed to McIntosh the notion that the right of occupancy—aboriginal title itself—did not exist until the United States acquiesced to give it to Natives. [3]
The Supreme Court of the United States, under Chief Justice Roger B. Taney (1836–1864), issued several important decisions on the status of aboriginal title in the United States, building on the opinions of aboriginal title in the Marshall Court. The Taney Court heard Fellows v. Blacksmith (1857) and New York ex rel. Cutler v.