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Diminishment
Diminishment is the legal process by which the United States Congress can reduce the size of an Indian reservation. History In 1984, the United States Supreme Court held in '' Solem v. Bartlett'', 465 U.S. 463 (1984), that "only Congress may diminish the boundaries of an Indian reservation, and its intent to do so must be clear."''Nebraska v. Parker''No. 14–1406 577 U.S. ____ (2016). This was noted in the Court's 2016 case '' Nebraska v. Parker'', 577 U.S. ___ (2016), in which the Court held that an 1882 Act passed by Congress did not diminish the Omaha Reservation. The ''Solem'' case established a "diminishment doctrine" that U.S. courts could use when evaluating whether diminishment had taken place. In the 1994 case ''Hagen v. Utah'', 510 U.S. 399 (1994), the Supreme Court held that Congress's 1902 Act had diminished the Uintah Reservation. The Court applied its doctrine established in the ''Solem'' case. See also * Dawes Act * Curtis Act * Checkerboarding (land) * Dimini ... [...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 compensat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dawes Act
The Dawes Act of 1887 (also known as the General Allotment Act or the Dawes Severalty Act of 1887) regulated land rights on tribal territories within the United States. Named after Senator Henry L. Dawes of Massachusetts, it authorized the President of the United States to subdivide Native American tribal communal landholdings into allotments for Native American heads of families and individuals. This would convert traditional systems of land tenure into a government-imposed system of private property by forcing Native Americans to "assume a capitalist and proprietary relationship with property" that did not previously exist in their cultures. The act allowed tribes the option to sell the lands that remained after allotment to the federal government. Before private property could be dispensed, the government had to determine "which Indians were eligible" for allotments, which propelled an "official search for a federal definition of Indian-ness." Although the act was passed in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Eminent Domain In The United States
Eminent domain in the United States refers to the power of a state or the federal government to take private property for public use while requiring just compensation to be given to the original owner. It can be legislatively delegated by the state to municipalities, government subdivisions, or even to private persons or corporations, when they are authorized to exercise the functions of public character. Property taken by eminent domain may be for government use or by delegation to third parties, who will devote it to public or civic use or, in some cases, to economic development. The most common uses are for government buildings and other facilities, public utilities, highways and railroads. However, it may also be taken for reasons of public safety, as in the case of Centralia, Pennsylvania, where land was taken due to an underground mine fire. Some jurisdictions require that the condemnor make an offer to purchase the subject property, before resorting to the use of eminent do ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Land Buy-Back Program For Tribal Nations
The Land Buy-Back Program for Tribal Nations implements the land consolidation component of the ''Cobell v. Salazar'' Settlement, which provided $1.9 billion to purchase fractional interests in trust or restricted land from willing sellers at fair market value. Consolidated interests are immediately restored to tribal trust ownership for uses benefiting the reservation community and tribal members. There are approximately 243,000 owners of nearly three million fractional interests across Native Country who are eligible to participate in the Buy-Back Program. The Program has identified 105 locations where implementation will occur through mid-2021. In a Federal Register notice published in April 2017, the Program announced that new Departmental leadership is taking a fresh look at progress to date and strategies that would further maximize the consolidation of fractional interests, such as: further sharing of appraisals, focusing on land value, interest size (e.g., less than 25% o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Curtis Act
The Curtis Act of 1898 was an amendment to the United States Dawes Act; it resulted in the break-up of tribal governments and communal lands in Indian Territory (now Oklahoma) of the Five Civilized Tribes of Indian Territory: the Choctaw, Chickasaw, Muscogee (Creek), Cherokee, and Seminole. These tribes had been previously exempt from the 1887 General Allotment Act (Dawes Act) because of the terms of their treaties. In total, the tribes immediately lost control of about 90 million acres of their communal lands; they lost more in subsequent years. The act also transferred the authority to determine members of tribes to the Dawes Commission as part of the registration of members. Thus, individuals could be enrolled as members without tribal consent.Tatro, M. Kaye. ''Encyclopedia of Oklahoma History and Culture''. "Curtis Act By effectively abolishing the remainder of tribal courts, tribal governments, and tribal land claims in the Indian Territory of Oklahoma, the act enabled Oklaho ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Checkerboarding (land)
Checkerboarding refers to a situation where land ownership is intermingled between two or more owners, resulting in a checkerboard pattern. Checkerboarding is prevalent in the Western United States and Western Canada because of extensive use in railroad grants for western expansion, although it had its beginnings in the canal land grant era. Railroad grants Checkerboarding in the West occurred as a result of railroad land grants where railroads would be granted every other section along a rail corridor. These grants, which typically extended from either side of the track, were a subsidy to the railroads. Unlike per-mile subsidies which encouraged fast but shoddy track-laying, land grants encouraged higher quality work, since the railroads could increase the value of the land by building better track. The government also benefited from the increased value of the remaining public parcels. Railroad land grants split the land surrounding the area where train tracks were to b ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hagen V
Hagen () is the 41st-largest city in Germany. The municipality is located in the state of North Rhine-Westphalia. It is located on the south eastern edge of the Ruhr area, 15 km south of Dortmund, where the rivers Lenne and Volme (met by the river Ennepe) meet the river Ruhr. As of 31 December 2010, the population was 188,529. The city is home to the FernUniversität Hagen, which is the only state-funded distance education university in Germany. Counting more than 67,000 students (March 2010), it is the largest university in Germany. History Hagen was first mentioned around the year 1200, and is presumed to have been the name of a farm at the confluence of the Volme and the Ennepe rivers. After the conquest of in 1324, Hagen passed to the County of Mark. In 1614 it was awarded to the Margraviate of Brandenburg, according to the Treaty of Xanten. In 1701 it became part of the Kingdom of Prussia. After the defeat of Prussia in the Fourth Coalition, Hagen was incorporated ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Uintah Reservation
The Uintah and Ouray Indian Reservation (, ) is located in northeastern Utah, United States. It is the homeland of the Ute Indian Tribe (Ute dialect: Núuchi-u), and is the largest of three Indian reservations inhabited by members of the Ute Tribe of Native Americans. Description The reservation lies in parts of seven counties; in descending order of land area they are: Uintah, Duchesne, Wasatch, Grand, Carbon, Utah, and Emery counties. The total land area is with control of the lands split between Ute Indian Allottees, the Ute Indian Tribe, and the Ute Distribution Corporation. The tribe owns lands that total approximately of surface land and of mineral-owned land within the reservation area. Other parts of the reservation are owned by non-Ute, as the tribe lost control of much of the land during the allotment process. As of the 2000 census, a population of 19,182 persons was recorded as living on the reservation. This is the second-largest Indian reservation in land a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Omaha Reservation
The Omaha Reservation ( oma, Umoⁿhoⁿ tóⁿde ukʰéthiⁿ) of the federally recognized Omaha tribe is located mostly in Thurston County, Nebraska, with sections in neighboring Cuming and Burt counties, in addition to Monona County in Iowa. As of the 2020 federal census, the reservation population was 4,526. The tribal seat of government is in Macy. The villages of Rosalie, Pender and Walthill are located within reservation boundaries, as is the northernmost part of Bancroft. Due to land sales in the area since the reservation was established, Pender has disputed tribal jurisdiction over it, to which the Supreme Court ruled unanimously in 2016 that "the disputed land is within the reservation’s boundaries." History The reservation was established by a treaty at Washington, D.C. dated March 16, 1854. By this treaty, the Omaha Nation sold the majority of its land west of the Missouri River to the United States, but was authorized to select an area of to keep as a perma ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Nebraska V
Nebraska () is a state in the Midwestern region of the United States. It is bordered by South Dakota to the north; Iowa to the east and Missouri to the southeast, both across the Missouri River; Kansas to the south; Colorado to the southwest; and Wyoming to the west. It is the only triply landlocked U.S. state. Indigenous peoples, including Omaha, Missouria, Ponca, Pawnee, Otoe, and various branches of the Lakota (Sioux) tribes, lived in the region for thousands of years before European exploration. The state is crossed by many historic trails, including that of the Lewis and Clark Expedition. Nebraska's area is just over with a population of over 1.9 million. Its capital is Lincoln, and its largest city is Omaha, which is on the Missouri River. Nebraska was admitted into the United States in 1867, two years after the end of the American Civil War. The Nebraska Legislature is unlike any other American legislature in that it is unicameral, and its members are elected wit ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Indian Reservation
An Indian reservation is an area of land held and governed by a federally recognized Native American tribal nation whose government is accountable to the United States Bureau of Indian Affairs and not to the state government in which it is located. Some of the country's 574 federally recognized tribes govern more than one of the 326 Indian reservations in the United States, while some share reservations, and others have no reservation at all. Historical piecemeal land allocations under the Dawes Act facilitated sales to non–Native Americans, resulting in some reservations becoming severely fragmented, with pieces of tribal and privately held land being treated as separate enclaves. This jumble of private and public real estate creates significant administrative, political and legal difficulties. The total area of all reservations is , approximately 2.3% of the total area of the United States and about the size of the state of Idaho. While most reservations are small ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Diminished Value
Diminished value or diminution in value are the terms generally used to describe the loss in a property's market value after it was damaged in an accident and repaired. Diminished value is most often associated with automobiles but it is applicable to other property of value including real estate or collectibles such as jewelry and artwork. If a property was damaged and repair failed to restore it to its original market value then said property has suffered diminished value. Unlike depreciation, which is an anticipated and predictable loss in value over time, ‘Inherent Diminished Value’ is a loss in value due to a specific, sudden and unexpected negative occurrence. Diminished value of an automobile following an accident may occur in one of two ways (or a combination thereof): (1) Inherent diminished value (2) Repair-related diminished value Inherent Diminished Value assumes proper repair has been completed and is defined as the amount by which the market value of the repaired ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
