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Burke Act; Other short titles: General Allotment Act Amendment of 1906: Long title: An Act to amend section six of an act approved February eighth, eighteen hundred and eighty-seven, entitled "An Act to provide for the allotment of lands in severalty to Indians on the various reservations, and to extend the protection of the laws of the United States and the Territories over the Indians, and ...
If there is no buyout, then the law provides a preference for the court to order a partition in kind and divide the property, rather than order a sale. The law requires courts to take into account factors other than economic, such as the value of family heritage, historical value of the property, or the impact of the sale on those living on the ...
The legal term apportionment (French: apportionement; Mediaeval Latin: apportionamentum, derived from Latin: portio, share), also called delimitation, [1] is in general the distribution or allotment of proper shares, [2] though may have different meanings in different contexts.
Before private property could be dispensed, the government had to determine which Indians were eligible for allotments, which propelled an official search for a federal definition of "Indian-ness". [4] Although the act was passed in 1887, the federal government implemented the Dawes Act on a tribe-by-tribe basis thereafter.
The process of allotment started with the General Allotment Act of 1887. By 1934, two-thirds of Indian land had converted to traditional private ownership (i.e., it was owned in fee simple). Most of that had been sold by Indian allottees, often because they could not pay local taxes on the lands they were newly responsible for.
Allotment may refer to: Allotment (Dawes Act), an area of land held by the US Government for the benefit of an individual Native American, under the Dawes Act of 1887; Allotment (finance), a method by which a company allocates over-subscribed shares; Allotment (gardening), an area of land rented out for non-commercial gardening or farming
Unlike nearly all common law jurisdictions, the United States acknowledges that aboriginal title may be acquired post-sovereignty; a "long time" can mean as little as 30 years. [13] However, the requirement of exclusivity may prevent any tribe from claiming aboriginal title where multiple tribes once shared the same area. [ 14 ]
In the American legal system, prior appropriation water rights is the doctrine that the first person to take a quantity of water from a water source for "beneficial use" (agricultural, industrial or household) has the right to continue to use that quantity of water for that purpose.