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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."
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.
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 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.
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 ...
The law validated all titles in Martha's Vineyard [35] and the Island of Nantuckett and all other titles preceded by a grant from the colony. [34] Henceforth, any violator would be subject to a fine of twice the value of the land and 6 months in prison. [34] In 1719, the Mashpee's lands were exempted, and their sale was authorized in 1777. [36]
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]
Aboriginal land title in New Mexico is unique among aboriginal title in the United States. Congressional legislation was passed to define such title after the United States acquired this territory following war with Mexico (1846–1848) .