Search results
Results From The WOW.Com Content Network
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 ...
Joint Tribal Council of the Passamaquoddy Tribe v. Morton, 528 F.2d 370 (1st Cir. 1975), [1] was a landmark decision regarding aboriginal title in the United States.The United States Court of Appeals for the First Circuit held that the Nonintercourse Act applied to the Passamaquoddy and Penobscot, then non-federally-recognized Indian tribes, and established a trust relationship between those ...
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 ...
Aboriginal title statutes in the Thirteen Colonies were one of the principal subjects of legislation by the colonial assemblies in the Thirteen Colonies. With the exception of Delaware , every colony codified a general prohibition on private purchases of Native American lands without the consent of the government.
The Indian Citizenship Act of 1924, (43 Stat. 253, enacted June 2, 1924) was an Act of the United States Congress that declared Indigenous persons born within the United States are US citizens. Although the Fourteenth Amendment to the U.S. Constitution provides that any person born in the United States is a citizen, there is an exception for ...
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]