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Aboriginal Title In New Mexico
Aboriginal land title in New Mexico is unique among aboriginal title in the United States. Congressional legislation was passed to define such title after the United States acquired this territory following war with Mexico (1846-1848). But the Supreme Court of the New Mexico Territory and the United States Supreme Court held that the Nonintercourse Act did not restrict the alienability of Pueblo lands. When the Supreme Court reversed its position in 1913, the land title to much of the state was called into question. Congress responded in 1924 and 1933 with compromise legislation to extinguish some aboriginal title and to establish procedures for determination and compensation. History Spanish and Mexican rule After making contact with the Pueblo in 1541, the Spanish generally acknowledged the property rights of the people. In 1689, the King of Spain granted some type of formal title to the Pueblo. U.S. territory Mexico ceded most of modern-day New Mexico to the United States in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Aboriginal Title In The United States
The United States was the first jurisdiction to acknowledge the common law doctrine of aboriginal title (also known as "original Indian title" or "Indian right of occupancy"). Native American tribes and nations establish aboriginal title by actual, continuous, and exclusive use and occupancy for a "long time." Individuals may also establish aboriginal title, if their ancestors held title as individuals. Unlike other jurisdictions, the content of aboriginal title is not limited to historical or traditional land uses. Aboriginal title may not be alienated, except to the federal government or with the approval of Congress. Aboriginal title is distinct from the lands Native Americans own in fee simple and occupy under federal trust. The power of Congress to extinguish aboriginal title—by "purchase or conquest," or with a clear statement—is plenary and exclusive. Such extinguishment is not compensable under the Fifth Amendment, although various statutes provide for compens ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but has ruled that it does not have power to decide non-justiciable political questions. Established by Article Three of the United States C ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Nonintercourse Act
The Nonintercourse Act (also known as the Indian Intercourse Act or the Indian Nonintercourse Act) is the collective name given to six statutes passed by the Congress in 1790, 1793, 1796, 1799, 1802, and 1834 to set Amerindian boundaries of reservations. The various Acts were also intended to regulate commerce between settlers and the natives. The most notable provisions of the Act regulate the inalienability of aboriginal title in the United States, a continuing source of litigation for almost 200 years. The prohibition on purchases of Indian lands without the approval of the federal government has its origins in the Royal Proclamation of 1763 and the Confederation Congress Proclamation of 1783. Text of the land provision The first four Acts expired after 4 years; the 1802 and 1834 Acts had no expiration. The version of the Act in force at the time of the illicit conveyance determines the law that applies. The courts have found few legal differences between the five versions ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pueblo
In the Southwestern United States, Pueblo (capitalized) refers to the Native tribes of Puebloans having fixed-location communities with permanent buildings which also are called pueblos (lowercased). The Spanish explorers of northern New Spain used the term ''pueblo'' to refer to permanent indigenous towns they found in the region, mainly in New Mexico and parts of Arizona, in the former province of Nuevo México. This term continued to be used to describe the communities housed in apartment structures built of stone, adobe mud, and other local material. The structures were usually multi-storied buildings surrounding an open plaza, with rooms accessible only through ladders raised/lowered by the inhabitants, thus protecting them from break-ins and unwanted guests. Larger pueblos were occupied by hundreds to thousands of Puebloan people. Various federally recognized tribes have traditionally resided in pueblos of such design. Later Pueblo Deco and modern Pueblo Revival architectu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Aboriginal Title
Aboriginal title is a common law doctrine that the land rights of indigenous peoples to customary tenure persist after the assumption of sovereignty under settler colonialism. The requirements of proof for the recognition of aboriginal title, the content of aboriginal title, the methods of extinguishing aboriginal title, and the availability of compensation in the case of extinguishment vary significantly by jurisdiction. Nearly all jurisdictions are in agreement that aboriginal title is inalienable, and that it may be held either individually or collectively. Aboriginal title is also referred to as indigenous title, native title ( in Australia), original Indian title ( in the United States), and customary title (in New Zealand). Aboriginal title jurisprudence is related to indigenous rights, influencing and influenced by non-land issues, such as whether the government owes a fiduciary duty to indigenous peoples. While the judge-made doctrine arises from customary internation ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Treaty Of Guadalupe Hidalgo
The Treaty of Guadalupe Hidalgo ( es, Tratado de Guadalupe Hidalgo), officially the Treaty of Peace, Friendship, Limits, and Settlement between the United States of America and the United Mexican States, is the peace treaty that was signed on 2 February 1848, in the Villa de Guadalupe Hidalgo (now a neighborhood of Mexico City) between the United States and Mexico that ended the Mexican–American War (1846–1848). The treaty was ratified by the United States on 10 March and by Mexico on 19 May. The ratifications were exchanged on 30 May, and the treaty was proclaimed on 4 July 1848. With the defeat of its army and the fall of its capital in September 1847, Mexico entered into negotiations with the U.S. peace envoy, Nicholas Trist, to end the war. On the Mexican side, there were factions that did not concede defeat or seek to engage in negotiations. The treaty called for the United States to pay US$15 million to Mexico and to pay off the claims of American citizens against Mex ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States V
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ejectment
Ejectment is a common law term for civil action to recover the possession of or title to land. It replaced the old real actions and the various possessory assizes (denoting county-based pleas to local sittings of the courts) where boundary disputes often featured. Though still used in some places, the term is now obsolete in many common law jurisdictions, in which possession and title are sued by the actions of eviction (also called possession proceedings) and quiet title (or injunctive and/or declaratory relief), respectively. Originally, successful ejectment meant recovery of possession of land, for example against a defaulting tenant or a trespasser, who did not have (or no longer had) any right to remain there. It has continued to be used for this, though in some jurisdictions the terminology has changed. Legal fiction Over time, actions of ejectment were applied to try land claims in place of older real actions such as the assize of novel disseisin. A practice develope ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Adverse Possession
Adverse possession, sometimes colloquially described as "squatter's rights", is a legal principle in the Common law, Anglo-American common law under which a person who does not have title (property), legal title to a piece of property—usually land (real property)—may acquire legal ownership based on continuous Possession (law), possession or occupation of the property without the permission (licence) of its legal owner. The possession by a person is not adverse if they are in possession as a Tenancy, tenant or licensee of the legal owner. In general, a property owner has the right to recover possession of their property from unauthorised possessors through legal action such as ejectment. However, in the English common law tradition, courts have long ruled that when someone occupies a piece of property without permission and the property's owner does not exercise their right to recover their property for a significant period of time, not only is the original owner prevented ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Color Of Title
In United States law, the term color of law denotes the "mere semblance of legal right," the "pretense or appearance of" right; hence, an action done under color of law adjusts (colors) the law to the circumstance, yet said apparently legal action contravenes the law. Under color of authority is a legal phrase used in North America indicating that a person is claiming or implying the acts they are committing are related to and legitimized by his or her role as an agent of governmental power. Color of law Color of law refers to an appearance of legal power to act that may operate in violation of law. For example, if a police officer acts with the "color of law" authority to arrest someone, the arrest, if it is made without probable cause, may actually be in violation of law. In other words, just because something is done with the "color of law" does not mean that the action was lawful. When police are suspected of acting outside their lawful authority and violating the civil righ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Statute Of Limitations
A statute of limitations, known in civil law systems as a prescriptive period, is a law passed by a legislative body to set the maximum time after an event within which legal proceedings may be initiated. ("Time for commencing proceedings") In most jurisdictions, such periods exist for both criminal law and civil law such as contract law and property law, though often under different names and with varying details. When the time which is specified in a statute of limitations runs out, a claim might no longer be filed or, if it is filed, it may be subject to dismissal if the defense against that claim is raised that the claim is time-barred as having been filed after the statutory limitations period. When a statute of limitations expires in a criminal case, the courts no longer have jurisdiction. Most common crimes that have statutes of limitations are distinguished from particularly serious crimes because the latter claims may be brought at any time. In civil law systems, such ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Quiet Title
Quiet may refer to: * Silence, a relative or total lack of sound In music * The Quiett (born 1985), South Korean rapper * ''Quiet'' (album), a 1996 John Scofield album * "Quiet", a song by Lights, from her album '' The Listening'' (2009) * "Quiet" (MILCK song), a 2017 song written for the 2017 Women's March in Washington, D.C. * ''Quiet'' (EP), a 2007 EP by Jim Ward * "Quiet" (This Will Destroy You song), 2006 * "Quiet" (Lil' Kim song), a song by Lil' Kim * "Quiet", a song by Alien Ant Farm, from their 2003 album''Truant'' * "Quiet", a song by The Smashing Pumpkins, from their album ''Siamese Dream'' (1993) * "Quiet", a song by the Player Piano from their album ''Satellite'' (2007) * "Quiet", a song by Royce da 5'9", from his album ''Layers'' (2016) * ''The Quiet'', an album by Bella Morte In religion * Prayer of Quiet, a term from Christian theology relating to degrees of contemplation or contemplative prayer * Quietism (Christian philosophy) * Quiet Time Other * QUIET (ab ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
