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This was the second time the Supreme Court had granted certiorari to the Oneida's land claim. Over a decade earlier, in Oneida Indian Nation of New York v.County of Oneida (1974), the Supreme Court had allowed the same suit to proceed by unanimously holding that there was federal subject-matter jurisdiction to hear the claim. [2]
A mining claim is the claim of the right to extract minerals from a tract of public land. In the United States, the practice began with the California gold rush of 1849. In the absence of organized government, the miners in each new mining camp made up their own rules, and to a large extent adopted Mexican mining law.
To claim tomahawk rights, the claimant typically girdled several trees near the head of a spring and blazed the bark of one or more of them with their initials or name. [ 1 ] Tomahawk rights gave the settler no legal title unless they were followed by occupation or a warrant and a patent secured from the land office .
This office conducted a thorough review to ensure the accuracy of the claim, the land's availability, and the payment method. Ultimately, the General Land Office issued a land patent for the public land in question and forwarded it to the President for his signature. The first US land patent was issued on March 4, 1788, to John Martin. [4]
Claim clubs, also called actual settlers' associations or squatters' clubs, were a nineteenth-century phenomenon in the American West.Usually operating within a confined local jurisdiction, these pseudo-governmental entities sought to regulate land sales in places where there was little or no legal apparatus to deal with land-related quarrels of any size. [1]
New York is the source of several landmark decisions concerning aboriginal title including Oneida I (1974), "first of the modern-day [Native American land] claim cases to be filed in federal court," [3] and Oneida II (1985), "the first native land claim case won on the basis of the Nonintercourse Act."
The Kanesatake land claim is one of the most politicized land claims in Canada, in parts because of its significance during the Oka Crisis. The claim originates from the original establishment of the Sulpician mission on the shore of Lac des Deux-Montagnes , where land was set aside for the Mohawks to settle in 1717.
[4] The Mohegan claim was not a claim to aboriginal title, but a claim that certain lands were held in trust by the descendants of John Mason on behalf of the Mohegan. In 1979, the Mohegan Indian Tribe filed a suit against the state for possession of lands in Montville, Connecticut. In this re-litigation, the judge held in 1980 that the 1790 ...