25 U.S.C. § 352a — Cancellation of patents in fee simple for allotments held in trust
submitted 99 years ago by ch. 215 to r/title-25-INDIANS · 129 words · no verdicts yet
The Secretary of the Interior can cancel a fee-simple patent given to an Indian allottee or heirs early. This only applies if the patent was issued without the allottee's request or consent. It only applies if no land was mortgaged or sold, and cancellation restores the earlier trust status.
The Secretary* of the Interior can choose to cancel a fee-simple patent that was given to an Indian allottee, or to that allottee's heirs, even before the trust period named in the original patent (or any extension of that trust period made by the President) has ended.
This power only applies if the fee-simple patent was issued without the allottee or heirs asking for it or agreeing to it.
Two conditions apply: the patent holder must not have mortgaged or sold any part of the land described in the patent. And once the fee patent is canceled, the land goes back to exactly the legal status it had before the fee patent was ever issued -- meaning it returns to trust status.
The Secretary* of the Interior is authorized, in his discretion, to cancel any patent in fee simple issued to an Indian allottee or to his heirs before the end of the period of trust described in the original or trust patent issued to such allottee, or before the expiration of any extension of such period of trust by the President, where such patent in fee simple was issued without the consent or an application therefor by the allottee or by his heirs: Provided, That the patentee has not mortgaged or sold any part of the land described in such patent: Provided also, That upon cancellation of such patent in fee simple the land shall have the same status as though such fee patent had never been issued.
Source credit: (Feb. 26, 1927, ch. 215, § 1, 44 Stat. 1247.)
- 1927Enacted · Act of Feb. 26, 1927, ch. 215 · 44 Stat. 1247
A history note hasn’t been published yet. The record shows enactment by ch. 215 on 1927-02-26.
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