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57-645: To celebrate their organization under the Indian Reorganization Act , tribal recognition, and ratifying their constitution, the tribe hosts Nuwuvi Days, an annual festival held during the first weekend in June. The Chemehuevi Reservation ( 34°24′42″N 114°21′21″W  /  34.41167°N 114.35583°W  / 34.41167; -114.35583 ) is located in San Bernardino County, California , bordering Lake Havasu for 25 miles (40 km) and along

114-453: A fee simple or fee simple absolute is an estate in land , a form of freehold ownership. A "fee" is a vested, inheritable, present possessory interest in land. A "fee simple" is real property held without limit of time (i.e., permanently) under common law , whereas the highest possible form of ownership is a "fee simple absolute", which is without limitations on the land's use (such as qualifiers or conditions that disallow certain uses of

171-458: A life estate , although this is uncommon. In the United States, life estates are most commonly used either to grant someone use of the property for the remainder of that person's life in a will, or by a grantor to reserve the right to continue using the property for the remainder of the grantor's life after it is sold. The right to ownership of the property after the death of the life estate owner

228-459: A tax deduction for the gift of their remainder interest in the property, and at the donor's death, the property passes to the organization without being subject to probate . Retained life estate gifts often involve agreements about acceptable uses of the property, payment of real estate taxes, property maintenance, etc. during the donor's lifetime. If previous grantors of a fee simple estate do not create any conditions for subsequent grantees, then

285-661: A U.S. Supreme Court review. But, as DOI was implementing new regulations related to land trusts, the agency asked the Court to remand the case to the lower court for reconsideration with the decision based on the new regulations. The U.S. Supreme Court granted the DOI's petition, vacated the lower court's ruling, and remanded the case back to the lower court. Justices Antonin Scalia, Sandra Day O'Connor, and Clarence Thomas dissented, stating that "[t]he decision today—to grant, vacate, and remand in light of

342-506: A means for American Indians to re-establish sovereignty and self-government, reduce the losses of reservation lands, and build economic self-sufficiency. He believed that Indian traditional culture was superior to that of modern America and thought it worthy of emulation. His proposals were considered highly controversial, as numerous powerful interests had profited from the sale and management of Native lands. Congress revised Collier's proposals and preserved oversight of tribes and reservations by

399-425: A park), the estate will automatically terminate and revert to the grantor or the grantor's estate; this is called a fee simple determinable. If the grantor uses language such as "but if alcohol is served", then the grantor or the heirs have a right of entry if the condition occurs, but the estate does not automatically revert to the grantor; this is a fee simple subject to a condition subsequent. In most jurisdictions in

456-633: A requirement that the Interior Department manage Indian forest resources "on the principle of sustained-yield management." Representative Edgar Howard of Nebraska, co-sponsor of the Act and Chairman of the House Committee on Indian Affairs, explained that the purpose of the provision was "to assure a proper and permanent management of the Indian Forest" under modern sustained-yield methods to "assure that

513-460: A revenue source, the U.S. Supreme Court has been repeatedly asked to address the IRA's constitutionality. A controversial provision of the Act allows the U.S. government to acquire non-Indian land (by voluntary transfer) and convert it to Indian land ("take it into trust"). In doing so, the U.S. government partially removes the land from the state's jurisdiction, allowing activities like casino gambling on

570-417: A specified event happens, the estate may become void or subject to annulment. There are two types of defeasible estates: fee simple determinable and the fee simple subject to a condition subsequent. If the grantor uses durational language in the condition such as "to A. as long as the land is used for a park", then upon the happening of the specified event (in this case if the land is used for anything other than

627-525: A specified term, such as in an estate for years . A fee also could be limited through the method of its inheritance, such as by an "entailment", which created a fee tail . Traditionally, fee tail was created by words of grant such as "to N. and the male heirs of his body", which would restrict those who could inherit the property. If no heirs could be found, then the property would revert to the original grantor's heirs. Most common law countries have abolished entailment by statute. An estate in fee simple denotes

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684-413: Is called the remainder estate . In England and Wales fee simple is the only freehold estate that remains; a life estate can only be created in equity and is not a right in property. In the United States, retained life estates are often used by donors who intend to leave property as bequests to charitable organizations while retaining the use of the property during their lifetimes. The donor receives

741-470: Is located at 34°07′44″N 116°31′14″W  /  34.12889°N 116.52056°W  / 34.12889; -116.52056 . Indian Reorganization Act The Indian Reorganization Act (IRA) of June 18, 1934, or the Wheeler–Howard Act , was U.S. federal legislation that dealt with the status of American Indians in the United States . It was the centerpiece of what has been often called

798-529: The Colorado River . The reservation is 30,653 acres (12,405 ha) large and has a population of 345. The Chemehuevi Indian Tribe's headquarters is located in Havasu Lake, California . The tribe is governed by a democratically elected, nine-member tribal council. The tribe owns and operates Havasu Landing Resort, Casino and Hotel on Lake Havasu , near Needles, California . The Chemehuevi Indian Cemetery

855-646: The Lower Brule Indian Reservation ) in South Dakota v. United States Dep't of the Interior , 69 F.3d 878, 881-85 (8th Cir. 1995). The Eighth Circuit Court of Appeals found Section 5 of the IRA to be unconstitutional, ruling that it violated the nondelegation doctrine and that the Secretary of Interior did not have the authority to take the land into trust. The U.S. Department of the Interior (DOI) sought

912-604: The Navajo , the largest tribe, as well as the Seneca people , Iroquois , and many others. Anthropologists criticized him for not recognizing the diversity of Native American lifestyles. Hauptman argues that his emphasis on Northern Pueblo arts and crafts and the uniformity of his approach to all tribes are partly explained by his belief that his tenure as Commissioner would be short, meaning that packaging large, lengthy legislative reforms seemed politically necessary. The Reorganization Act

969-489: The Oneida Indian Nation in present-day New York , Upstate Citizens for Equality (UCE), New York, Oneida County , Madison County , the town of Verona , the town of Vernon , and others argued that the IRA is unconstitutional. Judge Kahn dismissed UCE's complaint, including the failed theory that the IRA is unconstitutional, on the basis of longstanding and settled law on this issue. The U.S. Court of Appeals for

1026-583: The allodium of all land in England, meaning that it was the ultimate "owner" of all land in the past feudal era. Allodial title is reserved to governments under a civil law structure. However, the Crown can grant ownership in an abstract entity – called an estate in land – which is what is owned rather than the land it represents. The fee simple estate is also called "estate in fee simple" or "fee-simple title", or sometimes simply "freehold" in England and Wales. From

1083-406: The " Indian New Deal ". The Act also restored to Indians the management of their assets—land and mineral rights —and included provisions intended to create a sound economic foundation for the residents of Indian reservations . Total U.S. spending on Indians averaged $ 38 million a year in the late 1920s, dropping to an all-time low of $ 23 million in 1933, and reaching $ 38 million in 1940. The IRA

1140-634: The Bureau of Indian Affairs within the Department of Interior. Felix S. Cohen , an official at the Department of the Interior Solicitor's Office, was another significant architect of the Indian New Deal who helped draft the 1934 act. The self-government provisions would automatically go into effect for a tribe unless a clear majority of the eligible Indians voted it down. At the time the Act passed, it

1197-487: The D.C. Circuit Court of Appeals wrote a dissent stating that she would have struck down key provisions of the IRA. Of the three circuit courts to address the IRA's constitutionality, Judge Brown is the only judge to dissent on the IRA's constitutionality. The majority opinion upheld its constitutionality. The U.S. Supreme Court did not accept the MichGO case for review, thus keeping the previous precedent in place. Additionally,

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1254-519: The First, Eighth, and Tenth Circuits of the U.S. Court of Appeals have upheld the constitutionality of the IRA. In 2008, Carcieri v Kempthorne was argued before the U.S. Supreme Court; the Court ruled on it in 2009, with the decision called Carcieri v. Salazar . In 1991, the Narragansett Indian tribe bought 31 acres (130,000 m ) of land. They requested that the DOI take it into trust, which

1311-524: The Government's changed position—is both unprecedented and inexplicable." They went on, "[W]hat makes today's action inexplicable as well as unprecedented is the fact that the Government's change of legal position does not even purport to be applicable to the present case." Seven months after the Supreme Court's decision to grant, vacate, and remand, the DOI removed the land in question from trust. In 1997,

1368-501: The Indian New Deal was unable to stimulate economic progress, nor did it provide a usable structure for Indian politics. Philp argues these failures gave ammunition to the return to the previous policy of termination that took place after Collier resigned in 1945. In surveying the scholarly literature, E. A. Schwartz concludes that there is: Collier's reputation among the Indians was mixed—praised by some, vilified by others. He antagonized

1425-456: The Indian forests will be permanently productive and will yield continuous revenues to the tribes." The act slowed the practice of allotting communal tribal lands to individual tribal members. It did not restore to Indians land that had already been patented to individuals. However, much land at that time was still unallotted or allotted to an individual but still held in trust for that individual by

1482-572: The Lower Brulé Sioux submitted an amended trust application to the DOI, requesting that the United States take the 91 acres (370,000 m ) of land into trust on the Tribe's behalf. South Dakota challenged this in 2004 in district court, which upheld DOI's authority to take the land in trust. The state appealed to the Eighth Circuit, but when the court reexamined the constitutionality issue, it upheld

1539-495: The Second Circuit affirmed the dismissal. Section 18 of the IRA required that members of the affected Indian nation or tribe vote on whether to accept it within one year of the effective date of the act (25 U.S.C. 478) and had to approve it by a majority. There was confusion about who should be allowed to vote on creating new governments, as many non-Indians lived on reservations and many Indians owned no land there, and also over

1596-785: The Taos Pueblo, Collier "made a lifelong commitment to preserve tribal community life because it offered a cultural alternative to modernity....His romantic stereotyping of Indians often did not fit the reality of contemporary tribal life." The act has helped conserve the communal tribal land bases. Collier supporters blame Congress for altering the legislation proposed by Collier, so that it has not been as successful as possible. On many reservations, its provisions exacerbated longstanding differences between traditionals and those who had adopted more European-American ways. Many Native Americans believe their traditional systems of government were better for their culture. Fee simple In English law ,

1653-491: The U.S. government. Because the Act did not disturb existing private ownership of Indian reservation lands, it left reservations as a checkerboard of tribal or individual trust and fee land, which remains the case today. However, the Act also allowed the U.S. to purchase some of the fee land and restore it to tribal trust status. Due to the Act and other federal courts and government actions, more than two million acres (8,000 km ) of land were returned to various tribes in

1710-476: The United States and ending their recognized relationships with the federal government. This also ended the eligibility of the tribal nations and their members for various government programs to assist American Indians. Of the "Dismantled Tribes" 46 regained their legal status as indigenous communities. Since the late 20th century and the rise of Indian activism over sovereignty issues, as well as many tribes' establishment of casino gambling on reservations as

1767-423: The United States these concepts have been modified by statute. Fee simple determinable was generally preferred by courts in the common law of the early United States. Recently, that trend has reversed, and most courts in the United States will find a fee simple subject to condition subsequent in situations where the conveying document's language is unclear. The claim that no rent or similar obligations are due from

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1824-512: The agency did in 1998, thus exempting it from many state laws. The State was concerned that the tribe would open a casino or tax-free business on the land and sued to block the transfer. The state argued that the IRA did not apply because the Narragansett was not "now under federal jurisdiction" as of 1934, as distinguished from "federally recognized." In fact, the Narragansett had been placed under Rhode Island guardianship since 1709. In 1880,

1881-512: The constitutionality of Section 5 in agreement with the lower court. The U.S. Supreme Court denied the State's petition for certiorari . Since then, district and circuit courts have rejected claims of non-delegation by states. The Supreme Court refused to hear the issue in 2008. In 2008 (before the U.S. Supreme Court heard the Carcieri case below), in MichGO v Kempthorne , Judge Janice Rogers Brown of

1938-402: The deed or will must state "to B and his heirs". Anything short of those words transferred a smaller estate. Modern deeds usually follow a standardized form. There is a presumption that the testator intends to convey his or her property in fee simple unless the will indicates an intention to transfer a smaller estate, such as a life estate. Many jurisdictions retain the possibility of creating

1995-467: The effect of abstentions. Under the voting rules, abstentions were counted as yes votes, but in Oglala Lakota culture, for example, abstention had traditionally equaled a no vote. The resulting confusion caused disputes on many reservations about the results. When the final results were in, 172 tribes had accepted the act, and 75 had rejected it. The largest tribe, the Navajo , had been badly hurt by

2052-554: The federal Navajo Livestock Reduction Program, which took away half their livestock and jailed dissenters. They strongly opposed the act, the chief promoter John Collier, and the entire Indian New Deal. Historian Brian Dippie notes that the Indian Rights Association denounced Collier as a "dictator" and accused him of a "near reign of terror" on the Navajo reservation. Dippie adds, "[h]e became an object of 'burning hatred' among

2109-513: The first 20 years after passage. In 1954, the United States Department of the Interior (DOI) began implementing the termination and relocation phases of the Act, which had been added by Congress. These provisions resulted from the continuing interest of some members of Congress in having American Indians assimilate into the majority society. Among other effects, termination resulted in the legal dismantling of 61 tribal nations within

2166-508: The full support of his boss, Secretary of the Interior Harold L. Ickes , who was also an expert on Indian issues. The federal government held land in trust for many tribes. Numerous claims cases had been presented to Congress because of failures in the government's management of such lands. There were particular grievances and claims due to the government's failure to provide for sustainable forestry. The Indian Claims Act of 1946 included

2223-502: The grantor if the condition fails; this is a fee simple conditional . The word "fee" is related to the term fief , meaning a feudal landholding. Feudal land tenures existed in several varieties, most of which involved the tenant having to supply some service to his overlord, such as knight-service (military service). If the tenant's overlord was the king, grand serjeanty , then this might require providing many different services, such as providing horses in time of war or acting as

2280-474: The king's ceremonial butler. These fiefs gave rise to a complex relationship between landlord and tenant, involving duties on both sides. For example, in return for receiving his tenant's fealty or homage , the overlord had a duty to protect his tenant. When feudal land tenure was abolished, all fiefs became "simple", without conditions attached to the tenancy. In English common law, the Crown had radical title or

2337-539: The land for the first time. It also exempts the land from state property and other state taxes. Consequently, many state or local governments opposed the IRA and filed lawsuits challenging its constitutionality. In 1995, South Dakota challenged the authority of the Interior Secretary , under the IRA, to take 91 acres (370,000 m ) of land into trust on behalf of the Lower Brule Sioux Tribe (based on

Chemehuevi Indian Tribe of the Chemehuevi Reservation - Misplaced Pages Continue

2394-544: The land in a communal fashion. Non-Indians were not allowed to own land on reservations, which limited the dollar value of the land since there was a smaller market capable of buying it. The process of allotment started with the General Allotment Act of 1887. By 1934, two-thirds of Indian land had converted to traditional private ownership (i.e., it was owned in fee simple ). Most of that had been sold by Indian allottees, often because they could not pay local taxes on

2451-401: The land or subject the vested interest to termination). The rights of the fee-simple owner are limited by government powers of taxation , compulsory purchase , police power , and escheat , and may also be limited further by certain encumbrances or conditions in the deed , such as, for example, a condition that required the land to be used as a public park, with a reversion interest in

2508-623: The lands they were newly responsible for. The IRA provided a mechanism for the recovery of land that had been previously sold, including land that had been sold to tribal Indians. They would lose individual property under the law. John Collier was appointed Commissioner of the Indian Bureau (it is now called the Bureau of Indian Affairs , BIA) in April 1933 by President Franklin Delano Roosevelt . He had

2565-449: The maximum ownership in land that can be legally granted; it is the greatest possible aggregate of rights, powers, privileges and immunities available in land. The three hallmarks of the fee simple estate are that it is alienable , devisable and descendible . Rules requiring words of general inheritance to create fee simple by conveyance have been abolished by statute in the United States. To convey an estate in fee simple at common law,

2622-457: The owner of property in fee simple is only partially true. For example, a rentcharge may exist requiring a freeholder to pay a fixed sum of money closely resembling rent, and many jurisdictions have created financial obligations that may be imposed on a freehold estate. England and Wales impose an estate charge . In the United States , fee simple owners are usually subject to property tax and

2679-402: The property during their lifetime and typically have a say in determining who gets to own an interest in the property after their death. Historically, estates could be limited in time. Common temporal limitations include life estate , a land ownership that terminates upon the grantee's (or another person's) death even if the land had been granted to a third party, or a term of years, a lease for

2736-408: The property's common areas; however, these are generally treated legally as covenants running with the land (contracts binding on the possessors of real property) imposing an affirmative duty to pay money rather than as rent for property held in fee simple. Fee – A right in law to the use of land; i.e. a fief . Simple – in the unconstrained sense: The English word fee ultimately goes back to

2793-477: The revenue generated is directed to the municipality's general fund. Other local tax assessments called "special purpose taxes" may be assessed in addition to the property taxes for specific purposes such as infrastructure improvements. Real estate owned as a condominium is usually similarly owned in fee simple, but typically subject to rules in the declaration of condominium or created by the condominium association, such as paying required monthly fees for maintaining

2850-414: The sale of fee simple estates. William Blackstone defined fee simple as the estate in land that a person has when the lands are given to him and his heirs absolutely, without any end or limit put to his estate. Land held in fee simple can be conveyed to whomsoever its owner pleases; it can also be mortgaged or put up as security. Owners of real property in fee simple have the privilege of interest in

2907-480: The start of the Norman period, when feudalism was introduced to England, the tenant or "holder" of a fief could not alienate (sell) it from the possession of his overlord. However, a tenant could separate a parcel of the land and grant it as a subordinate fief to his own sub-tenant, a process known as sub-enfeoffing or " subinfeudation ". The 1290 Statute of Quia Emptores abolished subinfeudation and instead allowed

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2964-415: The title is called fee simple absolute . A fee simple absolute is the highest estate permitted by law, and it gives the holder full possessory rights and obligations now and in the future. Other fee simple estates in real property include fee simple defeasible (or fee simple determinable ) estates. A defeasible estate is created when a grantor places a condition on a fee simple estate (in the deed ). When

3021-441: The tribe was illegally pressured into relinquishing its tribal authority to Rhode Island. Some historians disagree that the action was illegal because, although not sanctioned by Congress, it was "desired" by the tribe members. The tribe did not receive federal recognition until 1983, after the 1934 passage of the IRA. The U.S. Supreme Court agreed with the State. In a challenge to the U.S. DOI's decision to take land into trust for

3078-486: The very people whose problems so preoccupied him." Historians have mixed reactions to the Indian New Deal. Many praise Collier's energy and his initiative. Kenneth R. Philp praised Collier's Indian New Deal for protecting Indian freedom to engage in traditional religious practices, obtaining additional relief money for reservations, providing a structure for self-government, and enlisting the help of anthropologists who respected traditional cultures. However, he concludes that

3135-447: Was United States policy to eliminate Indian reservations, dividing the communal territory and allotting 160-acre plots to individual heads of households, to be owned in severalty. Before allotment, reservation territory was not owned in the usual European-American sense, but was reserved for the benefit of entire Indian tribes. The communal benefits were apportioned to tribe members according to tribal law and custom. Generally, Indians held

3192-518: Was the most significant initiative of John Collier , who was President Franklin D. Roosevelt 's Commissioner of the Bureau of Indian Affairs (BIA) from 1933 to 1945. He had long studied Indian issues and worked for change since the 1920s, particularly with the American Indian Defense Association . He intended to reverse the assimilationist policies that had resulted in considerable damage to American Indian cultures and to provide

3249-539: Was wide-ranging legislation authorizing tribal self-rule under federal supervision, ending land allotment, and generally promoting measures to enhance tribes and encourage education. Having described the American society as "physically, religiously, socially, and aesthetically shattered, dismembered, directionless", Collier was later criticized for his romantic views about the moral superiority of traditional society as opposed to modernity. Philp says after his experience at

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