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The test for the acknowledgement of aboriginal title in the United States is actual, exclusive and continuous use and occupancy for a "long time". [12] Unlike nearly all common law jurisdictions, the United States acknowledges that aboriginal title may be acquired post-sovereignty; a "long time" can mean as little as 30 years. [13]
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.
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 ...
Decisions of the Indian Claims Commission; Alaska Native Claims Settlement Act (ANCSA); South Carolina v. Catawba Indian Tribe, 476 U.S. 498 (1986): settled for $50,000,000 by the Catawba Indian Tribe of South Carolina Land Claims Settlement Act of 1993, Pub. L. No. 103-116, 107 Stat 1118 (codified at 25 U.S.C. § 941)
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 ...
E. Edwards Beardsley, The Mohegan Land Controversy, 3 New Haven Hist. Soc. Papers 205 (1882). Howard R. Berman, The Concept of Aboriginal Rights in the Early Legal History of the United States, 27 Buff. L. Rev. 637 (1978). Charles E. Eisinger, The Puritans' Justification for Taking the Land, 84 Essex Inst. Hist. Collections 131 (1948).
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 ...