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25 U.S.C. § 409a — Sale of restricted lands; reinvestment in other restricted lands

submitted 95 years ago by ch. 374 to r/title-25-INDIANS · 143 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law lets a restricted Indian's land be sold for public projects. The money from that sale can then buy new land, with the Interior Secretary's approval.

When land belonging to a restricted Indian of the Five Civilized Tribes, or any other tribe, that isn't taxed is sold to a state, county, or city for a public improvement project, or taken by one of those governments through condemnation, or sold under existing law to any other person or company, here's what can happen to the money. With the approval of the Secretary of the Interior, the money can be used to buy other land that the Indian picks out. That new land gets the same protections as the old land: it can't be sold, leased, or mortgaged without permission, and it isn't taxed, on the same terms as the original land. These restrictions must be written into the deed for the new land.
the actual law source: uscode.house.gov ↗public domain

Whenever any nontaxable land of a restricted Indian of the Five Civilized Tribes or of any other Indian tribe is sold to any State, county, or municipality for public-improvement purposes, or is acquired, under existing law, by any State, county, or municipality by condemnation or other proceedings for such public purposes, or is sold under existing law to any other person or corporation for other purposes, the money received for said land may, in the discretion and with the approval of the Secretary of the Interior, be reinvested in other lands selected by said Indian, and such land so selected and purchased shall be restricted as to alienation, lease, or incumbrance, and nontaxable in the same quantity and upon the same terms and conditions as the nontaxable lands from which the reinvested funds were derived, and such restrictions shall appear in the conveyance.

Source credit: (Mar. 2, 1931, ch. 374, 46 Stat. 1471; June 30, 1932, ch. 333, 47 Stat. 474.)

history & why it existsrecord from the source credit
  • 1931Enacted · Act of Mar. 2, 1931, ch. 374 · 46 Stat. 1471
  • 1932Amended · Act of June 30, 1932, ch. 333 · 47 Stat. 474

A history note hasn’t been published yet. The record shows enactment by ch. 374 on 1931-03-02.

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