Pros And Cons Of American Indian Law

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In chapter 12 of American Indian Law in a nutshell, Canby begins by introducing Indian Lands as lands held by the tribes, and the Indians who are apart of them, “under some restriction or with some attribute peculiar to the Indian status of its legal or beneficial owners” (409). Real property, which is from a public market, bought by an Indian does not account as Indian land. As such, different types of land title that tribal people hold come with their own advantages and disadvantages. Starting with the Indian’s aboriginal title, it is the Indian’s right of occupancy to their lands and ability to exclude other people away from it. This right can be taken away by non-Indians, pertaining exclusively to the people of the United States, who purchase the land by a treaty or by conquest. Even though…show more content…
A communally held relationship over a large piece land, between the U.S. and the tribes, involved tribes benefiting from an interest that gave their land protection and easy management of the land in terms of leasing. Individual members of the same tribe, after obtaining a license or an assignment, have a share in the use of any part of the communally held land. By the Allotment Act, individual Indians were given small pieces of trust land which, after a long period, become fee land that is alienated and thus taxable. The Indian Reorganization Act prevented any more land to be allotted and extended indefinably the period of land that was still in the trust period. Communal lands that are held by the New Mexico Pueblos retain their title, are under a “trust relationship with the Federal government” (434) and are unable to be alienated. The secretary of the interior can authorize Indian lands to be leased for uses such as mining farming, and timber cutting. The secretary is limited to only approving actions instead of managing
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