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25 U.S.C. § 352cReimbursement of allottees or heirs for taxes paid on lands patented in fee before end of trust

submitted 86 years ago by ch. 315 to r/title-25-INDIANS · 284 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of the Interior may repay Indian allottees or heirs for taxes paid on land patented early. No repayment applies to taxes paid after the owner accepted that early patent. The Secretary may also reimburse states or counties already repaid for such taxes.

This section lets the Secretary of the Interior repay Indian allottees, or their Indian heirs or devisees, for taxes they paid on land taken out of trust status early. Here is how it works. Sometimes land held in trust for an Indian allottee gets a fee patent — meaning full private ownership — before the trust period was supposed to end. That can trigger state and local property taxes on land that would otherwise be tax-exempt. The Secretary may repay the allottee, or the heirs or devisees, for all of those taxes, plus any penalties and interest, following rules the Secretary writes. There is a limit on this. If the allottee, heirs, or devisees personally accepted that early fee patent through their own act, they get no reimbursement for taxes paid after they accepted it. The Secretary decides whether that acceptance actually happened. The section also covers a court-judgment situation. Sometimes a state, county, or local government sues over unpaid taxes on this kind of land during the trust period and wins a court judgment that has not been fully paid. In that case, once the Secretary repays the Indian owner the taxes, penalties, and interest, and once the judgment debtor pays the costs of the lawsuit, the Secretary may have that judgment released. Finally, if a state, county, or local government has already paid some or all of the tax claims on behalf of the patentee or the heirs or devisees — instead of the Indian owner paying directly — the Secretary may reimburse that state, county, or local government for the amounts it paid, once adequate proof is submitted.
the actual law source: uscode.house.gov ↗public domain

The Secretary of the Interior is hereby authorized, under such rules and regulations as he may prescribe, to reimburse Indian allottees, or Indian heirs or Indian devisees of allottees, for all taxes paid, including penalties and interest, on so much of their allotted lands as have been patented in fee prior to the expiration of the period of trust without application by or consent of the patentee: Provided, That if the Indian allottee, or his or her Indian heirs or Indian devisees, have by their own act accepted such patent, no reimbursement shall be made for taxes paid, including penalties and interest, subsequent to acceptance of the patent: Provided further, That the fact of such acceptance shall be determined by the Secretary of the Interior.

In any case in which a claim against a State, county, or political subdivision thereof, for taxes collected upon such lands during the trust period has been reduced to judgment and such judgment remains unsatisfied in whole or in part, the Secretary of the Interior is authorized, upon reimbursement by him to the Indian of the amount of taxes including penalties and interest paid thereon, and upon payment by the judgment debtor of the costs of the suit, to cause such judgment to be released: Provided further, That in any case, upon submission of adequate proof, the claims for taxes paid by or on behalf of the patentee or his Indian heirs or Indian devisees have been satisfied, in whole or in part, by the State, county, or political subdivision thereof, the Secretary of the Interior is authorized to reimburse the State, county, or political subdivision for such amounts as may have been paid by them.

Source credit: (June 11, 1940, ch. 315, § 1, 54 Stat. 298; Feb. 10, 1942, ch. 56, § 1, 56 Stat. 87.)

history & why it existsrecord from the source credit
  • 1940Enacted · Act of June 11, 1940, ch. 315 · 54 Stat. 298
  • 1942Amended · Act of Feb. 10, 1942, ch. 56 · 56 Stat. 87

A history note hasn’t been published yet. The record shows enactment by ch. 315 on 1940-06-11.

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