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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."
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 ...
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 ...
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 ...
United States v. Thompson, 941 F.2d 1074 (10th Cir. 1991); Pueblo of Santo Domingo v. Rael, Civil No. 83-1888 (D. N.M.) Aboriginal title: $23,000,000: Torres-Martinez Desert Cahiilla Indian Claims Settlement [14] Dec. 27, 2000: Torres-Martinez Desert Cahuilla Indians: United States ex rel. Torres-Martinez Band of Mission Indians v. Imperial ...
The court reviewed its recent aboriginal title decisions, and reiterated its statement in Oneida I that the Act merely "put in statutory form what was or came to be the accepted rule." [20] Statute of limitations Justice Lewis F. Powell, Jr. sustained the Oneida's federal common law cause of action and rejected all of the counties' affirmative ...
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.
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]
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