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25 U.S.C. § 347Limitations of actions for lands patented in severalty under treaties

submitted 124 years ago by ch. 946 to r/title-25-INDIANS · 144 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law protects people who own land once given to individual tribal members by treaty. If someone sues to reclaim that land, state time limits for lawsuits apply. Missing the deadline is a full legal defense against the lawsuit.

This section applies when someone sues in a state or federal court to get back land, or its rents or profits, from a patent holder, that patent holder's heirs, or anyone claiming through them. It applies specifically to land that was "patented in severalty" — given as an individual land title, rather than shared tribal ownership — to a member of an Indian tribe under a treaty between that tribe and the United States, where the Secretary of the Interior has approved the deed to that land. In these lawsuits, the same statute of limitations — the state law setting a deadline for filing suit — applies as it would to any other land dispute in that state. If the lawsuit is not filed within that state's deadline, that late filing is a complete defense. This is true even though the land was originally patented to a tribal member rather than to someone else.
the actual law source: uscode.house.gov ↗public domain

In all actions brought in any State court or United States court by any patentee, his heirs, grantees, or any person claiming under such patentee, for the possession or rents or profits of lands patented in severalty to the members of any tribe of Indians under any treaty between it and the United States of America, where a deed has been approved by the Secretary of the Interior to the land sought to be recovered, the statutes of limitations of the States in which said land is situate shall be held to apply, and it shall be a complete defense to such action that the same has not been brought within the time prescribed by the statutes of said State the same as if such action had been brought for the recovery of land patented to others than members of any tribe of Indians.

Source credit: (May 31, 1902, ch. 946, § 1, 32 Stat. 284.)

history & why it existsrecord from the source credit
  • 1902Enacted · Act of May 31, 1902, ch. 946 · 32 Stat. 284

A history note hasn’t been published yet. The record shows enactment by ch. 946 on 1902-05-31.

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