28 U.S.C. § 1360 — State civil jurisdiction in actions to which Indians are parties
submitted 73 years ago by ch. 505 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 315 words · no verdicts yet
A translation hasn’t been published for this section yet. The official text below is complete and authoritative.
Each of the States listed in the following table shall have jurisdiction over civil causes of action between Indians or to which Indians are parties which arise in the areas of Indian country listed opposite the name of the State to the same extent that such State has jurisdiction over other civil causes of action, and those civil laws of such State that are of general application to private persons or private property shall have the same force and effect within such Indian country as they have elsewhere within the State:
State of | Indian country affected |
|---|---|
Alaska | All Indian country within the State. |
California | All Indian country within the State. |
Minnesota | All Indian country within the State, except the Red Lake Reservation. |
Nebraska | All Indian country within the State. |
Oregon | All Indian country within the State, except the Warm Springs Reservation. |
Wisconsin | All Indian country within the State. |
Nothing in this section shall authorize the alienation, encumbrance, or taxation of any real or personal property, including water rights, belonging to any Indian or any Indian tribe, band, or community that is held in trust by the United States or is subject to a restriction against alienation imposed by the United States; or shall authorize regulation of the use of such property in a manner inconsistent with any Federal treaty, agreement, or statute or with any regulation made pursuant thereto; or shall confer jurisdiction upon the State to adjudicate, in probate proceedings or otherwise, the ownership or right to possession of such property or any interest therein.
Any tribal ordinance or custom heretofore or hereafter adopted by an Indian tribe, band, or community in the exercise of any authority which it may possess shall, if not inconsistent with any applicable civil law of the State, be given full force and effect in the determination of civil causes of action pursuant to this section.
Source credit: (Added Aug. 15, 1953, ch. 505, § 4, 67 Stat. 589; amended Aug. 24, 1954, ch. 910, § 2, 68 Stat. 795; Pub. L. 85–615, § 2, Aug. 8, 1958, 72 Stat. 545; Pub. L. 95–598, title II, § 239, Nov. 6, 1978, 92 Stat. 2668; Pub. L. 98–353, title I, § 110, July 10, 1984, 98 Stat. 342.)
- 1953Enacted · Act of Aug. 15, 1953, ch. 505 · 67 Stat. 589
- 1954Amended · Act of Aug. 24, 1954, ch. 910 · 68 Stat. 795
- 1958Amended · Pub. L. 85-615 · 72 Stat. 545
- 1978Amended · Pub. L. 95-598 · 92 Stat. 2668
- 1984Amended · Pub. L. 98-353 · 98 Stat. 342
A history note hasn’t been published yet. The record shows enactment by ch. 505 on 1953-08-15.
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