Indian Land and the Law
Law
There are few issues more important to
Indian tribes than the status of Indian
land. Today, more than ever, tribal governments
must contend with significant
questions and federal policies concerning
the use and alienation of Indian
land. The trust status of tribal land,
tribal zoning rights, taxation and tribal
land claims are all issues that are generally
settled by the courts, but it takes a
thorough understanding of federal policies
protecting tribal rights to ensure
that tribal interests are protected.
This three-day course offers a comprehensive
view of current federal policies
regarding Indian land. We’ll cover
the relationships of tribal, state and federal
governments, the federal process
for taking land into trust, as well as an
historic overview of how current protections
for Indian land originated. Join
us — register today!
Topics that will be covered include:
Federal Indian Land Policy
- Doctrines of discovery and aboriginal title
- Indian Non-Intercourse Act
- “Surplus” lands
Reservations
- Methods of establishment
- Governmental vs. proprietary interests
Allotments
- General Allotment Act
- Proscriptions against new allotments
- Fee patents
- From tribal lands
- From the public domain
Indian Land Holdings
- Restrictions against alienation
- Trust
Existing Statutory Authority
- Alienation
- Leasing
- Rights-of-way
- Partition
- Escheat
- Descent and distribution
- Condemnation
Individual Rights in Tribal Property
- New allotments proscribed
- Types of possessory interests
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Jurisdictional Status
- Within Indian Country
- Federal pre-emption
- Tribal authority over allotments
Acquisition of Land in Trust
- By the United States
- Conferring governmental status
- Effects of the General Allotment Act Suits for Lands
- Allotments
- Breach of contract
- Aboriginal title
- Wrongful fee patent
Taxation of Indian Lands
- Exemption
- Immunity
- Non-Indian land within a reservation
- Payments in lieu of taxes
- Tribal land income
Zoning/Land Use
- Authority to zone
- Ordinances
- Non-tribal lands within exterior boundaries
Federal Laws and Case Law
- Indian Land Consolidation Act
- Sherill v. Oneida Indian Nation of New York
- Recent U.S. Supreme Court decisions
- Case studies
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