25 U.S.C. § 355 — Laws applicable to lands of full-blooded members of Five Civilized Tribes
submitted 108 years ago by ch. 101 to r/title-25-INDIANS · 95 words · no verdicts yet
This law applies Oklahoma's property-partition laws to land owned by full-blooded members of the Five Civilized Tribes. That land keeps its existing sale and tax restrictions after partition. But a court-ordered sale to split the property removes all restrictions.
The land of full-blooded members of the Five Civilized Tribes becomes subject to Oklahoma's laws on partitioning (dividing up) real estate.
If, in one of these partition proceedings, land is allotted to a full-blood Indian — or if that person chooses to take the land at its appraised value instead — the land stays subject to every restriction on selling it or taxing it that applied before the partition.
But if a court orders a sale as part of a decree or partition, that sale removes all restrictions on the land, of every kind.
The lands of full-blooded members of any of the Five Civilized Tribes are made subject to the laws of the State of Oklahoma, providing for the partition of real estate. Any land allotted in such proceedings to a full-blood Indian, or conveyed to him upon his election to take the same at the appraisement, shall remain subject to all restrictions upon alienation and taxation obtaining prior to such partition. In case of a sale under any decree, or partition, the conveyance thereunder shall operate to relieve the land described of all restrictions of every character.
Source credit: (June 14, 1918, ch. 101, § 2, 40 Stat. 606.)
- 1918Enacted · Act of June 14, 1918, ch. 101 · 40 Stat. 606
A history note hasn’t been published yet. The record shows enactment by ch. 101 on 1918-06-14.
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