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25 U.S.C. § 403a–1Sale or partition by owners of interests in allotted lands in the Tulalip Reservation; termination of Federal title, trust, and restrictions

submitted 70 years ago by ch. 400 to r/title-25-INDIANS · 164 words · no verdicts yet

in plain englishAI-generated · not legal advice

Owners of land interests in the Tulalip Reservation can go to state court to split or sell the land. In that lawsuit, Indian owners are treated as if they fully and freely own the land. The United States does not need to be part of the case, and the sale ends federal trust and restrictions.

An owner of an interest in a tract of land in the Tulalip Reservation, Washington — even if part of it is currently or later held in trust for an Indian by the United States, or owned by an Indian but restricted from being sold or taxed by the United States — may start an action in a state court of competent jurisdiction to partition the land (split it up) or to sell it, following that state's laws. In that court action, the Indian owners are treated as though they hold complete, unrestricted ("fee simple") title to the land. The United States does not need to be a party to the case. Once the land is partitioned or sold through this process, it takes away the United States' title to the land, ends the federal trust, and ends all federal restrictions on selling or taxing the land.
the actual law source: uscode.house.gov ↗public domain

Any owner of an interest in any tract of land in the Tulalip Reservation, Washington, in which any undivided interest is now or hereafter held in trust by the United States for an Indian, or is now or hereafter owned by an Indian subject to restrictions against alienation or taxation imposed by the United States, may commence in a State court of competent jurisdiction an action for the partition in kind or for the sale of such land in accordance with the laws of the State. For the purpose of any such action the Indian owners shall be regarded as vested with an unrestricted fee simple title to the land, the United States shall not be a necessary party to the proceeding, and any partition or conveyance of the land pursuant to the proceedings shall divest the United States of title to the land, terminate the Federal trust, and terminate all restrictions against alienation or taxation of the land imposed by the United States.

Source credit: (June 18, 1956, ch. 400, § 1, 70 Stat. 290.)

history & why it existsrecord from the source credit
  • 1956Enacted · Act of June 18, 1956, ch. 400 · 70 Stat. 290

A history note hasn’t been published yet. The record shows enactment by ch. 400 on 1956-06-18.

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