{"id":7355,"date":"2017-11-08T19:14:55","date_gmt":"2017-11-08T19:14:55","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=7355"},"modified":"2018-05-21T15:08:48","modified_gmt":"2018-05-21T15:08:48","slug":"indian-title","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=7355","title":{"rendered":"Indian title – a right of occupancy, constituting possession rather than ownership, that the federal government grants to an American Indian tribe based on the tribe\u2019s immemorial possession of the area"},"content":{"rendered":"

Indian title<\/span>:<\/span>
\n<\/strong><\/span>(18c)<\/span><\/p>\n

1.<\/strong>\u00a0<\/span>A right of occupancy that the federal government grants to an American Indian tribe based on the tribe\u2019s immemorial possession of the area.\u00a0 *\u00a0 Congress does not recognize tribal ownership of the land, only<\/span> possession<\/a>.\u00a0 A tribe or nation must actually, exclusively, and continuously use the property to establish that it is the ancestral home.\u00a0 An individual may claim Indian title by showing that the individual or his or her lineal ancestors continuously occupied a parcel of land, as individuals, before the land was closed to settlers.\u00a0\u2014\u00a0<\/span><\/strong>aka<\/span> aboriginal title<\/em><\/strong><\/span>; right of occupancy<\/em><\/strong><\/span>.\u00a0<\/b>[1]<\/span><\/span><\/p>\n

1. By virtue of prior occupancy of the continent of North America, at best, nothing more\u00a0<\/span>than a right of occupancy.<\/span> Northwestern Bands of Shoshone Indians v United States<\/em>, 324 US 335, 89\u00a0<\/span><\/span>L Ed 985, 65 S Ct 690<\/span>; nothing more than permissive occupancy; not a title which could be conveyed so as to transfer to the grantee a title which the United States was bound to recognize.\u00a0<\/span>\u00a0Johnson and Graham\u2019s Lessee v M\u2019Intosh<\/em> (US) 8 Wheat 543, 574, 5 L Ed 681, 688<\/span>. <\/span><\/span><\/strong><\/p>\n

2. A right not<\/span>\u00a0beyond that of permissive occupancy, except as Congress might recognize a right of permanent occupancy not to be disturbed.<\/span> Tee-Hit-Ton Indians v United States<\/em>, 348 US 272, 99 L Ed 314, 75 S Ct 313<\/span>.<\/span><\/span><\/span><\/strong><\/p>\n

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3. The right of Indians to<\/span> occupy<\/a> lands in the United States over which they had sovereignty prior to conquest by the white man is not a property right but amounts to a right of occupancy which the sovereign grants and, although protecting against intrusion by third parties, may terminate; such lands may be fully disposed of by the sovereign itself without any legally enforceable obligation to compensate the Indians.<\/span> Tee-Hit-Ton Indians v United States<\/em>, 348 US 272, 99 L Ed 314, 75 S Ct 313<\/span>.<\/span><\/strong><\/p>\n

4. Exclusive title to American lands passed to the white discoverers subject to the Indian title, with power in the white sovereign alone to extinguish that right by purchase or conquest.\u00a0\u00a0Northwestern Bands of Shoshone Indians v United States<\/em>, 324 US 335, 89 L Ed 985, 65 S Ct 690<\/span>.\u00a0<\/span><\/strong>[2]<\/span><\/p>\n<\/div>\n

aboriginal title<\/span>:<\/span>
\n<\/strong><\/span>(18c)<\/span><\/p>\n

1. Land ownership, or a claim of land ownership, by an indigenous people in a place that has been colonized.\u00a0\u2014 <\/strong>aka<\/span>\u00a0native title<\/strong><\/span>.\u00a0<\/b><\/em>[1]<\/span><\/p>\n

References:<\/span><\/strong><\/span><\/p>\n

Disclaimer:<\/span><\/span><\/strong> All material throughout this website is pertinent to people everywhere, and is being utilized in accordance with Fair Use<\/a>.<\/span><\/strong><\/p>\n

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[1]: Black\u2019s Law Dictionary Deluxe Tenth Edition<\/em><\/a> by Henry Campbell Black & Editor in Chief Bryan A. Garner<\/a>. ISBN: 978-0-314-62130-6<\/strong><\/span><\/p>\n<\/div>\n

[3]:\u00a0Ballantine\u2019s Law Dictionary\u00a0with Pronunciations
\n<\/em>Third Edition<\/a>\u00a0by James A. Ballantine\u00a0(James Arthur 1871-1949).\u00a0\u00a0<\/em>Edited by William S. Anderson.\u00a0\u00a0\u00a9 1969 by THE LAWYER\u2019S CO-OPERATIVE PUBLISHING COMPANY.\u00a0 Library of Congress Catalog Card No. 68-30931<\/span><\/strong><\/p>\n

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