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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."
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—extinguished all aboriginal title in Rhode Island and Maine, respectively, following initial court rulings in the tribes' favor.
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.
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 ...
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 ...
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. [1] [2] Breaking with earlier cases, the court said the Natives' right of occupancy was lesser than a vested ...
Mitchel v. United States (1835), authored by Justice Henry Baldwin, was the last Marshall Court opinion on aboriginal title. [77] At issue was 1,200,00 acres of land in Florida alienated to the Spanish crown in 1804 and 1806, and then granted to private parties. Baldwin, for a unanimous court, upheld those transactions.
The effect of these acts on aboriginal title in California has been a subject of litigation for 150 years. [21] Regardless, the United States never again pursued treaty negotiations with California Indians, instead favoring legislation and executive orders. [22] By statute, Congress created several Indian reservations. [23]