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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.
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). Warner F. Gookin, Indian Deeds on the Vinyard, 13 Mass. Archeological Soc. Bull. 6 (1952).
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 ...
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 Supreme Court of the United States, under Chief Justice Roger B. Taney (1836–1864), issued several important decisions on the status of aboriginal title in the United States, building on the opinions of aboriginal title in the Marshall Court. The Taney Court heard Fellows v. Blacksmith (1857) and New York ex rel. Cutler v.
The Narragansett land claim was one of the first litigations of aboriginal title in the United States in the wake of the U.S. Supreme Court's landmark Oneida Indian Nation of New York v. County of Oneida (1974), or Oneida I, decision. [1]