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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."
Tee-Hit-Ton v. United States, 348 U.S. 272 (1955), was a United States Supreme Court case in which the court held that a Tribal nation's right of occupancy (or "aboriginal title") may be eliminated by the United States without any compensation.
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 ...
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 ...
Oneida Indian Nation of New York State, 470 U.S. 226 (1985), was a landmark United States Supreme Court case concerning aboriginal title in the United States. The case, sometimes referred to as Oneida II , was "the first Indian land claim case won on the basis of the Nonintercourse Act ."
Narragansett territory c. 1600. The Narragansett land claim was one of the first litigations of aboriginal title in the United States in the wake of the U.S. Supreme Court's landmark Oneida Indian Nation of New York v.
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 ...
Ely S. Parker, the first indigenous plaintiff to prevail in the U.S. Supreme Court. The two aboriginal title cases involving indigenous litigants to reach the Taney Court both involved the Tonawanda Band of Seneca Indians and the Tonawanda Reservation, both argued by John H. Martindale (first as the district attorney of Genesee County, New York, then in private practice), and both originated ...