ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

25 U.S.C. § 345Actions for allotments

submitted 132 years ago by ch. 290 to r/title-25-INDIANS · 263 words · no verdicts yet

in plain englishAI-generated · not legal advice

People of Indian blood or descent can sue over land allotments in federal district court. This covers claims to an allotment, or claims of being wrongly denied one. A winning judgment counts as if the Interior Secretary had approved the allotment, with appeal rights for both sides.

Anyone who is wholly or partly of Indian blood or descent, and who is entitled to a land allotment under a law of Congress, or who claims a right to land under an allotment law or a Congressional grant, or who claims to have been wrongly denied or shut out of an allotment they were legally entitled to, may bring or defend a lawsuit about that right in the proper U.S. district court. These district courts have the power to hear and decide any such case that falls within their area, involving a person's right — based wholly or partly on Indian blood or descent — to an allotment under any law or treaty. In the lawsuit, the claimant is the plaintiff, and the United States is the defendant. If the claimant wins, and the judgment is properly certified to the Secretary of the Interior, it has the same effect as if the Secretary had approved the allotment personally. This does not apply to any land currently held by the Five Civilized Tribes, or to land within the Quapaw Indian Agency. Either side may appeal, the same as in other cases.
the actual law source: uscode.house.gov ↗public domain

All persons who are in whole or in part of Indian blood or descent who are entitled to an allotment of land under any law of Congress, or who claim to be so entitled to land under any allotment Act or under any grant made by Congress, or who claim to have been unlawfully denied or excluded from any allotment or any parcel of land to which they claim to be lawfully entitled by virtue of any Act of Congress, may commence and prosecute or defend any action, suit, or proceeding in relation to their right thereto in the proper district court of the United States; and said district courts are given jurisdiction to try and determine any action, suit, or proceeding arising within their respective jurisdictions involving the right of any person, in whole or in part of Indian blood or descent, to any allotment of land under any law or treaty (and in said suit the parties thereto shall be the claimant as plaintiff and the United States as party defendant); and the judgment or decree of any such court in favor of any claimant to an allotment of land shall have the same effect, when properly certified to the Secretary of the Interior, as if such allotment had been allowed and approved by him, but this provision shall not apply to any lands now held by either of the Five Civilized Tribes, nor to any of the lands within the Quapaw Indian Agency: Provided, That the right of appeal shall be allowed to either party as in other cases.

Source credit: (Aug. 15, 1894, ch. 290, § 1, 28 Stat. 305; Feb. 6, 1901, ch. 217, § 1, 31 Stat. 760; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167.)

history & why it existsrecord from the source credit
  • 1894Enacted · Act of Aug. 15, 1894, ch. 290 · 28 Stat. 305
  • 1901Amended · Act of Feb. 6, 1901, ch. 217 · 31 Stat. 760
  • 1911Amended · Act of Mar. 3, 1911, ch. 231 · 36 Stat. 1167

A history note hasn’t been published yet. The record shows enactment by ch. 290 on 1894-08-15.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case