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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." Individuals may also establish ...
Tee-Hit-Ton v. 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.
Although the property right itself is not created by statute, sovereign immunity barred the enforcement of aboriginal title until the passage of the Indian Claims Commission Act of 1946, [143] which created the Indian Claims Commission (succeeded by the United States Court of Claims in 1978, and later the United States Court of Federal Claims ...
This is a list of U.S. Supreme Court cases involving Native American Tribes.Included in the list are Supreme Court cases that have a major component that deals with the relationship between tribes, between a governmental entity and tribes, tribal sovereignty, tribal rights (including property, hunting, fishing, religion, etc.) and actions involving members of tribes.
Sims' Lessee v. Irvine (1799) was the first Supreme Court decision to discuss aboriginal title (albeit briefly), and the only such decision before the Marshall Court. The Court found ejectment jurisdiction over certain lands, notwithstanding the defendant's claim (in the alternative to the claim that the defendant himself held title) that the lands were still held in aboriginal title because:
The first prohibition on taking Indian property did not arise until 1660. [8] This was explicitly extended to land acquisitions in 1663. [9] The prohibition was strengthened in 1680. [10] The penalties were increased again in 1687. [11] "Gold Hill" was the first Indian reservation in the colony, established in 1659 and confirmed in 1678. [12]
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The tribe first filed a suit in the United States Court of Claims, which found that the tribe was an identifiable group residing in Alaska; its interest in the lands prior to the purchase of Alaska was an “original Indian title” but such a title was not enough to bring suit because the Congress did not recognize the tribe's legal rights of ...