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85-575: An American Indian reservation is an area of land held and governed by a U.S. federal government-recognized Native American tribal nation , whose government is autonomous , subject to regulations passed by the United States Congress and administered by the United States Bureau of Indian Affairs , and not to the U.S. state government in which it is located. Some of the country's 574 federally recognized tribes govern more than one of

170-659: A bill that bans the selling and leasing of agricultural land to foreigners. Approximately 7% of the allocated land in Israel is privately owned. The rest, i.e. 93%, is owned by the State and is known as "Israeli Land". Israel's Basic Law on real estate states that Israel's Land is jointly owned by the State (69%), the Development Authority (12%), and the Jewish National Fund (12%). With homelessness and wealth inequality on

255-529: A claim on it in the form of a lien . In modern societies, this is the most common form of land ownership. Land can also be owned by more than one party and there are various concurrent estate rules. In Australia, native title is a common law concept that recognizes that some indigenous people have certain land rights that derive from their traditional laws and customs. Native title can co-exist with non-indigenous proprietary rights and in some cases different indigenous groups can exercise their native title over

340-993: A conviction that carries an appropriate potential sentence when a serious crime has been committed. Our role as the primary prosecutor of serious crimes makes our responsibility to citizens in Indian Country unique and mandatory. Accordingly, public safety in tribal communities is a top priority for the Department of Justice. Emphasis was placed on improving prosecution of crimes involving domestic violence and sexual assault. Passed in 1953, Public Law 280 (PL 280) gave jurisdiction over criminal offenses involving Indians in Indian Country to certain States and allowed other States to assume jurisdiction. Subsequent legislation allowed States to retrocede jurisdiction, which has occurred in some areas. Some PL 280 reservations have experienced jurisdictional confusion, tribal discontent, and litigation, compounded by

425-421: A few cases voluntary moves based on mutual agreement. The removal caused many problems such as tribes losing the means of livelihood by being restricted to a defined area, poor quality of land for agriculture, and hostility between tribes. The first reservation was established by Easton Treaty with the colonial governments of New Jersey and Pennsylvania on August 29, 1758. Located in southern New Jersey , it

510-736: A five-year approval before 1850. Article two of the treaty claims "the reserves on the river Angrais and at Rifle river, of which said Indians are to have the usufruct and occupancy for five years." Indigenous people had restraints pushed on them by the five-year allowance. Scholarly author Buck Woodard used executive papers from Governor William H. Cabell in his article, "Indian Land sales and allotment in Antebellum Virginia" to discuss Indigenous reservations in America before 1705, specifically in Virginia. He claims "the colonial government again recognized

595-612: A forced mass migration that came to be known as the Trail of Tears . Some of the lands these tribes were given to inhabit following the removals eventually became Indian reservations. In 1851, the United States Congress passed the Indian Appropriations Act which authorized the creation of Indian reservations in Indian Territory (which became Oklahoma). Relations between white settlers and Natives had grown increasingly worse as

680-480: A lease basis of up to 99 years with an annual 15 percent tax on the total rental paid upfront. Since 2017, A ban on foreigners owning farmland was introduced in the Georgia's new constitution. The new constitution states that, with a small number of exceptions, agricultural land can only be owned by the state, a Georgian citizen or a Georgian-owned entity. In 2021, President Kassym-Jomart Tokayev signed into law

765-481: A lighthouse. The President of the United States of America was directly involved in the creation of new treaties regarding Indian Reservations before 1850. Van Buren stated that indigenous reservations are "all their reserves of land in the state of Michigan, on the principle of said reserves being sold at the public land offices for their benefit and the actual proceeds being paid to them." The agreement dictated that

850-521: A period of up to 30 year. Only Mongolian citizens can own the land within the territory of Mongolia. foreign citizens can only lease the land. Foreigners are not allowed to own freehold land in Maldives. the land can only be leased to foreigners for 99 years. In 2014, the Sri Lankan parliament passed a law banning land purchases by foreigners. The new act will allow foreigners to acquire land only on

935-549: A series of disputes over sovereignty. Land tenure A landowner is the holder of the estate in land with the most extensive and exclusive rights of ownership over the territory, simply put, the owner of land. The legal concept of land tenure in the Middle Ages has become known as the feudal system that has been widely used throughout Europe , the Middle East and Asia Minor . The lords who received land directly from

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1020-650: A week were concluded on October 26, 1758, at a ceremony held in Easton, Pennsylvania between the British colonial governors of the provinces of Pennsylvania and New Jersey , and representatives of 13 Indian nations, including the Iroquois, who sent chiefs of three of their nations to ensure their continued domination of their Ohio Country region; the eastern and western Lenape (Delaware), represented by two chiefs and headmen; Shawnee and others. More than 500 Native Americans attended

1105-727: Is right-of-way (right to cross), but it could also include (for example) the right – known as a wayleave  – to run an electrical power line across someone else's land. In addition, there are various forms of collective ownership, which typically take either the form of membership in a cooperative , or shares in a corporation , which owns the land (typically by fee simple, but possibly under other arrangements). There are also various hybrids; in many communist states , government ownership of most agricultural land has combined in various ways with tenure for farming collectives. In archaeology, traditions of land tenure can be studied according to territoriality and through

1190-473: Is 56,200,000 acres (22,700,000 ha; 87,800 sq mi; 227,000 km), 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 compared to the average U.S. state, twelve Indian reservations are larger than the state of Rhode Island . The largest reservation, the Navajo Nation Reservation , is similar in size to

1275-643: Is a gas station and general store at Fort Hall Indian Reservation, Idaho , and a museum at Foxwoods, on the Mashantucket Pequot Indian Reservation in Connecticut ). Tribal citizens may utilize several resources held in tribal tenures such as grazing range and some cultivable lands. They may also construct homes on tribally held lands. As such, members are tenants-in-common , which may be likened to communal tenure. Even if some of this pattern emanates from pre-reservation tribal customs, generally

1360-556: Is a legal designation. It comes from the conception of the Native American nations as independent sovereigns at the time the U.S. Constitution was ratified. Thus, early peace treaties (often signed under conditions of duress or fraud), in which Native American nations surrendered large portions of their land to the United States, designated parcels which the nations, as sovereigns, " reserved " to themselves, and those parcels came to be called "reservations". The term remained in use after

1445-498: Is a system of mutual obligations under which a royal or noble personage granted a fiefdom — some degree of interest in the use or revenues of a given parcel of land — in exchange for a claim on services such as military service or simply maintenance of the land in which the lord continued to have an interest. This pattern obtained from the level of high nobility as vassals of a monarch down to lesser nobility whose only vassals were their serfs . Under common law , Fee simple

1530-433: Is rare, with most property ownership in the common law world ( Australia , Canada , Ireland , New Zealand , United Kingdom , United States ) being in fee simple . Allodial title is inalienable, in that it may be conveyed, devised, gifted, or mortgaged by the owner, but it may not be distressed and restrained for collection of taxes or private debts, or condemned ( eminent domain ) by the government. Feudal land tenure

1615-404: Is the most complete ownership interest one can have in real property , other than the rare Allodial title . The holder can typically freely sell or otherwise transfer that interest or use it to secure a mortgage loan . This picture of "complete ownership" is, of course, complicated by the obligation in most places to pay a property tax and by the fact that if the land is mortgaged, there will be

1700-401: Is up to 50 years. Though purchase of land is not permitted to foreigners, a real estate investor may apply for a 70 year leasehold with a Myanmar Investment Commission (MIC) permit. According to the legislation of Belarus, a foreign citizen cannot own land and only has the right to rent it. As foreigners are prohibited from permanent ownership of land. Foreigners can only lease land for

1785-693: The Food and Agriculture Organization (FAO) of the United Nations , endorsed the Voluntary Guidelines on the Responsible Governance of Tenure as the global norm , as the problem of poor and politically marginalized especially likely to suffer from insecure tenure, however, this is merely work in progress. The United Nations Sustainable Development Goal 5 also advocates for reforms to give women access to ownership and control over land in recognition of

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1870-664: The Indian Removal Act in 1830". A third act pushed through was "the federal government relocated "portions of [the] 'Five Civilized Tribes' from the southeastern states in the Non-Intercourse Act of 1834 ." All three of these laws set into motion the Indigenous Reservation system in the United States of America, resulting in the forceful removal of Indigenous peoples into specific land Reservations. Scholarly author James Oberly discusses "The Treaty of 1831 between

1955-574: The Office of Indian Affairs (now the Bureau of Indian Affairs) as a division of the United States Department of War (now the United States Department of Defense ), to solve the land problem with 38 treaties with American Indian tribes. Indian Treaties, and Laws and Regulations Relating to Indian Affairs (1825) was a document signed by President Andrew Jackson in which he states that "we have placed

2040-693: The Ohio River valley; and to refrain from establishing colonial settlements west of the Allegheny Mountains after the conclusion of the war. This clause of the treaty contributed to the Crown 's subsequent Proclamation of 1763 , by which it attempted to reserve territory west of the Appalachians for Native Americans and prohibit European-American advancement into the area. In addition, colonial governor William Denny of Pennsylvania agreed to negotiate directly with

2125-676: The Umatilla Indian Reservation , after the individual parcels were granted out of reservation land, the reservation area was reduced by giving the "excess land" to white settlers. The individual allotment policy continued until 1934 when it was terminated by the Indian Reorganization Act . The Indian Reorganization Act of 1934, also known as the Howard-Wheeler Act , was sometimes called the Indian New Deal and

2210-413: The "New York Indians". This Treaty from 1831 is the cause of conflicts and is disputed because the land was good hunting grounds. The Trade and Intercourse Act of 1834 says "In the 1834 Indian Trade and Intercourse Act, the United States defined the boundaries of Indian County." Also, "For Unrau, Indigenous Country is less on Indigenous homeland and more a place where the U.S. removed Indians from east of

2295-578: 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 intersection of private and public real estate creates significant administrative, political, and legal difficulties. The total area of all reservations

2380-570: The 99-year leases common in the United Kingdom for flats , and allowing various degrees of freedom in the use of the property. Rights to use a common may include such rights as the use of a road or the right to graze one's animals on commonly owned land. When sharecropping , one has use of agricultural land owned by another person in exchange for a share of the resulting crop or livestock. Easements allow one to make certain specific uses of land owned by someone else. The most classic easement

2465-614: The British Interest , which blamed the war on the proprietors (i.e. the sons of William Penn ). The treaty specified that the Native American nations would not fight on the side of the French against the British in the current war. In return, Pennsylvania returned large blocks of land which the Iroquois had ceded a few years before; the British colonial governors promised to recognize Iroquois and other tribes' rights to their hunting grounds in

2550-663: The Bureau (Office) of Indian Affairs. Under federal law, the government patented reservations to tribes, which became legal entities that at later times have operated in a corporate manner. Tribal tenure identifies jurisdiction over land-use planning and zoning, negotiating (with the close participation of the Bureau of Indian Affairs) leases for timber harvesting and mining. Tribes generally have authority over other forms of economic development such as ranching, agriculture, tourism, and casinos. Tribes hire both members, other Indians and non-Indians in varying capacities; they may run tribal stores, gas stations, and develop museums (e.g., there

2635-410: The Crown, or another landowner, in exchange for certain rights and obligations were called tenants-in-chief . They doled out portions of their land to lesser tenants who in turn divided it among even lesser tenants. This process—that of granting subordinate tenancies—is known as subinfeudation . In this way, all individuals except the monarch did hold the land "of" someone else because legal ownership

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2720-725: The Dawes Act. However, the vast fragmentation of reservations occurred from the enactment of this act up to 1934, when the Indian Reorganization Act was passed. However, Congress authorized some allotment programs in the ensuing years, such as on the Palm Springs/Agua Caliente Indian Reservation in California. Allotment set in motion a number of circumstances: The demographic factor, coupled with landownership data, led, for example, to litigation between

2805-624: The Devils Lake Sioux and the State of North Dakota, where non-Indians owned more acreage than tribal members even though more Native Americans resided on the reservation than non-Indians. The court decision turned, in part, on the perception of Indian character , contending that the tribe did not have jurisdiction over the alienated allotments. In a number of instances—e.g., the Yakama Indian Reservation—tribes have identified open and closed areas within reservations. One finds

2890-678: The Europeans encountered the New World, the American colonial government determined a precedent of establishing the land sovereignty of North America through treaties between countries. This precedent was upheld by the United States government. As a result, most Native American land was purchased by the United States government, a portion of which was designated to remain under Native sovereignty. The United States government and Native Peoples do not always agree on how land should be governed, which has resulted in

2975-563: The Indian Country Law Enforcement Initiative which recognizes problems with law enforcement on Indian reservations and assigns top priority to solving existing problems. The Department of Justice recognizes the unique legal relationship that the United States has with federally recognized tribes. As one aspect of this relationship, in much of Indian Country, the Justice Department alone has the authority to seek

3060-498: The Indian agencies on reservations in order to teach Christianity to the Native American tribes. The Quakers were especially active in this policy on reservations. The policy was controversial from the start. Reservations were generally established by executive order . In many cases, white settlers objected to the size of land parcels, which were subsequently reduced. A report submitted to Congress in 1868 found widespread corruption among

3145-620: The Indians would be properly consulted when ascertaining and defining the boundaries of colonial settlement. The private contracts that once characterized the sale of Indian land to various individuals and groups—from farmers to towns—were replaced by treaties between sovereigns. This protocol was adopted by the United States Government after the American Revolution. On March 11, 1824, U.S. Vice President John C. Calhoun founded

3230-660: The Menominee Nation and the United States" in his article, "Decision on Duck Creek: Two Green Bay Reservations and Their Boundaries, 1816–1996", showing yet another treaty regarding Indigenous Reservations before 1850. There is a conflict between the Menomee Nation and the State of Wisconsin and "the 1831 Menomee Treaty … ran the boundary between the lands of the Oneida, known in the Treaty as

3315-1259: The Mississippi River and applied unique laws." The United States of America applied laws on Indigenous Reservations depending on where they were located like the Mississippi River . This act came too, because "the federal government began to compress Indigenous lands because it needed to send troops to Texas during the Mexican-American War and protect American immigration traveling to Oregon and California." The Federal Government of America had their own needs and desires for Indigenous Land Reservations. He says, "the reconnaissance of explorers and other American officials understood that Indigenous Country possessed good land, bountiful game, and potential mineral resources." The American Government claimed Indigenous land for their own benefits with these creations of Indigenous Land Reservations . States such as Texas had their own policy when it came to Indian Reservations in America before 1850. Scholarly author George D. Harmon discusses Texas' own reservation system which "Prior to 1845, Texas had inaugurated and pursued her own Indian Policy of

3400-599: The Nottoway's land rights by treaty in 1713, at the conclusion of the Tuscaro War ." The indigenous peoples of America had land treaty agreements as early as 1713. The American Indigenous Reservation system started with "the Royal Proclamation of 1763 , where Great Britain set aside an enormous resource for Indians in the territory of the present United States." The United States put forward another act when "Congress passed

3485-517: The Philippines under the 1987 Constitution. Foreigners are not allowed to own freehold land in Indonesia. Foreigners cannot buy and own land, like in many other Southeast Asian countries. Instead, the land is collectively owned by all Vietnamese people, but governed by the state. As written in the national Land Law, foreigners and foreign organizations are allowed to lease land. The leasehold period

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3570-661: The U.S." Texas was one of the States before 1850 that chose to create their own reservation system as seen in Harmon's article, "The United States Indian Policy in Texas, 1845–1860." The State of "Texas had given only a few hundred acres of land in 1840, for the purpose of colonization". However, "In March 1847, … [a] special agent [was sent] to Texas to manage the Indian affairs in the State until Congress should take some definite and final action." The United States of America allowed its states to make up their own treaties such as this one in Texas for

3655-698: The United States, minimal regulation on house flipping and rent-seeking behavior allows for gentrification , pricing out half a million Americans and leaving them homeless. This is in light of 17 million homes left vacant as investment vehicles of the wealthy. At the same time, severe weather events caused by climate-change have become more frequent, affecting property values. In the developing world, catastrophes are impacting greater numbers of people due to urbanization , crowding , and weak tenure and legal systems. Colonial land-tenure systems have led to issues in post-colonial societies. The concepts of " landlord " and "tenant" have been recycled to refer to

3740-508: The United States. By 1877, President Rutherford B. Hayes began phasing out the policy, and by 1882 all religious organizations had relinquished their authority to the federal Indian agency. In 1887, Congress undertook a significant change in reservation policy by the passage of the Dawes Act , or General Allotment (Severalty) Act. The act ended the general policy of granting land parcels to tribes as-a-whole by granting small parcels of land to individual tribe members. In some cases, for example,

3825-810: The ages and depending on the region a broad variety of customs did develop based on the same legal principle. The famous Magna Carta for instance was a legal contract based on the medieval system of land tenure. The concept of tenure has since evolved into other forms, such as leases and estates . There is a great variety of modes of land ownership and tenure . Most of the indigenous nations or tribes of North America had differing notions of land ownership. Whereas European land ownership centered around control, Indigenous notions were based on stewardship. When Europeans first came to North America, they sometimes disregarded traditional land tenure and simply seized land, or they accommodated traditional land tenure by recognizing it as aboriginal title . This theory formed

3910-462: The basis for treaties with indigenous peoples . In several developing countries, such as Egypt and Senegal, this method is still presently in use. In Senegal, it is mentioned as "mise en valeur des zones du terroir" and in Egypt, it is called Wadaa al-yad. Allodial title is a system in which real property is owned absolutely free and clear of any superior landlord or sovereign. True allodial title

3995-464: The basis for hotel and conference facilities, to draw visitors and revenue to reservations. Successful gaming operations on some reservations have greatly increased the economic wealth of some tribes, enabling their investment to improve infrastructure, education, and health for their people. Serious crime on Indian reservations has historically been required (by the 1885 Major Crimes Act , 18 U.S.C. §§1153, 3242, and court decisions) to be investigated by

4080-454: The case of chattels closely resembles the landlord-tenant relationship that can be created in land. Secure land-tenure also recognizes one's legal residential status in urban areas and it is a key characteristic in slums . Slum-dwellers do not have legal title to the land and thus local governments usually marginalize and ignored them. In 2012, the Committee on World Food Security based at

4165-535: The federal Native American agencies and generally poor conditions among the relocated tribes. Many tribes ignored the relocation orders at first and were forced onto their limited land parcels. Enforcement of the policy required the United States Army to restrict the movements of various tribes. The pursuit of tribes in order to force them back onto reservations led to a number of wars with Native Americans which included some massacres. The most well-known conflict

4250-453: The federal government began to forcibly relocate nations to parcels of land to which they often had no historical or cultural connection. Compared to other population centers in the U.S., reservations are disproportionately located on or near toxic sites hazardous to the health of those living or working in close proximity, including nuclear testing grounds and contaminated mines. The majority of American Indians and Alaska Natives live outside

4335-732: The federal government, usually the Federal Bureau of Investigation , and prosecuted by United States Attorneys of the United States federal judicial district in which the reservation lies. Tribal courts were limited to sentences of one year or less, until on July 29, 2010, the Tribal Law and Order Act was enacted which in some measure reforms the system permitting tribal courts to impose sentences of up to three years provided proceedings are recorded and additional rights are extended to defendants. The Justice Department on January 11, 2010, initiated

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4420-410: The forms of government found outside the reservation. With the establishment of reservations, tribal territories diminished to a fraction of their original areas; customary Native American practices of land tenure were sustained only for a time, and not in every instance. Instead, the federal government established regulations that subordinated tribes to the authority, first, of the military, and then of

4505-489: The idea before it was fully implemented, five tribes were terminated—the Coushatta , Ute , Paiute , Menominee and Klamath —and 114 groups in California lost their federal recognition as tribes. Many individuals were also relocated to cities, but one-third returned to their tribal reservations in the decades that followed. Federally recognized Native American tribes possess limited tribal sovereignty and are able to exercise

4590-555: The importance of tenure to resource distribution. Easton Treaty The Treaty of Easton was a colonial agreement in North America signed in October 1758 during the French and Indian War ( Seven Years' War ) between British colonials and the chiefs of 13 Native American nations , representing tribes of the Iroquois , Lenape (Delaware), and Shawnee . Negotiations over more than

4675-573: The indigenous tribe sell their land to build a lighthouse. A treaty signed by John Forsyth, the Secretary of State on behalf of Van Buren, also dictates where indigenous peoples must live in terms of the reservation system in America between the Oneida People in 1838. This treaty allows the indigenous peoples five years on a specific reserve "the west shores of Saganaw bay". The creation of reservations for indigenous people of America could be as little as

4760-560: The lack of data on crime rates and law enforcement response. As of 2012, a high incidence of rape continued to impact Native American women. A survey of death certificates over a four-year period showed that deaths among Indians due to alcohol are about four times as common as in the general U.S. population and are often due to traffic collisions and liver disease with homicide , suicide , and falls also contributing. Deaths due to alcohol among American Indians are more common in men and among Northern Plains Indians. Alaska Natives showed

4845-570: The land reserves in a better state for the benefit of society" with approval of Indigenous reservations before 1850. The letter is signed by Isaac Shelby and Jackson. It discusses several regulations regarding the Native Americans and the approval of Indigenous segregation and the reservation system. President Martin Van Buren negotiated a treaty with the Saginaw Chippewas in 1837 to build

4930-685: The least incidence of death. Under federal law, alcohol sales are prohibited on Indian reservations unless the tribal councils allow it. Gang violence has become a major social problem. A December 13, 2009, article in The New York Times about growing gang violence on the Pine Ridge Indian Reservation estimated that there were 39 gangs with 5,000 members on that reservation alone. As opposed to traditional "Most Wanted" lists, Native Americans are often placed on regional Crime Stoppers lists offering rewards for their whereabouts. When

5015-474: The long-term consequences of change and development in land tenure systems and agricultural productivity. Moreover, an archaeological approach to land tenure arrangements studies the temporal aspects of land governance, including their sometimes temporary, impermanent and negotiable aspects as well as uses of past forms of tenure. For example, people can lay claim to, or profess to own resources, through reference to ancestral memory within society. In these cases,

5100-486: The majority of non-Indian landownership and residence in the open areas and, contrariwise, closed areas represent exclusive tribal residence and related conditions. Indian country today consists of tripartite government—i. e., federal, state and/or local, and tribal. Where state and local governments may exert some, but limited, law-and-order authority, tribal sovereignty is diminished. This situation prevails in connection with Indian gaming, because federal legislation makes

5185-521: The modern relationship of the parties to land which is held under a lease . Professor F.H. Lawson in Introduction to the Laws of Property (1958) has pointed out, however, that the landlord-tenant relationship never really fitted in the feudal system and was rather an "alien commercial element". The doctrine of tenure did not apply to personalty ( personal property ). However, the relationship of bailment in

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5270-467: The nature of and relationships with aspects of the past, both tangible (e.g. monuments) and intangible (e.g. concepts of history through story telling) are used to legitimize the present. 41 of the Constitution of Afghanistan, foreigners are not allowed to own land. Foreign individuals shall not have the right to own immovable property in Afghanistan Land in China is state-owned or collectively owned. Enterprises, farmers, and householders lease land from

5355-472: The outdoor ceremony, after lengthy negotiations to bring peace to the regions of Pennsylvania, New Jersey and the Ohio Country. Conrad Weiser served as an interpreter and arbitrator for the British colonial governments. Charles Thomson served as secretary and advisor to Teedyuscung , who was referred to as King of the Delawares . The negotiations were held to hopefully resolve conflicts created by The Walking Purchase of 1737, which had lasting effects on

5440-405: The purpose of colonization. The passage of the Indian Removal Act of 1830 marked the systematization of a U.S. federal government policy of moving Native populations away from European-populated areas, whether forcibly or voluntarily. One example was the Five Civilized Tribes , who were removed from their historical homelands in the Southeastern United States and moved to Indian Territory , in

5525-428: The relationships between the Native Americans and the colonists. Attorney General of Pennsylvania, Benjamin Chew, Esq. attended the negotiations of the Treaty of Easton and documented the proceedings in his Journal of a Journey to Easton . Charles Thomson also wrote about the Easton treaty negotiations in 1759 in a work entitled An Enquiry into the Causes of the Alienation of the Delaware and Shawanese Indians from

5610-435: The reservation (e.g., Enabling Act of 1910 at Section 20). As a general practice, such land may sit idle or be used for cattle grazing by tribal ranchers. In 1979, the Seminole tribe in Florida opened a high-stakes bingo operation on its reservation in Florida. The state attempted to close the operation down but was stopped in the courts. In the 1980s, the case of California v. Cabazon Band of Mission Indians established

5695-430: The reservations, mainly in the larger western cities such as Phoenix and Los Angeles . In 2012, there were more than 2.5 million Native Americans , with 1 million living on reservations. From the beginning of the European colonization of the Americas , Europeans often removed Indigenous peoples from their homelands. The means varied, including treaties made under considerable duress, forceful ejection, violence, and in

5780-585: The reservations. Likewise, over two million acres (8,000 km) of land were returned to various tribes. Within a decade of Collier's retirement the government's position began to swing in the opposite direction. The new Indian Commissioners Myers and Emmons introduced the idea of the "withdrawal program" or " termination ", which sought to end the government's responsibility and involvement with Indians and to force their assimilation. The Indians would lose their lands but were to be compensated, although many were not. Even though discontent and social rejection killed

5865-424: The right of reservations to operate other forms of gambling operations. In 1988, Congress passed the Indian Gaming Regulatory Act , which recognized the right of Native American tribes to establish gambling and gaming facilities on their reservations as long as the states in which they are located have some form of legalized gambling. Today, many Native American casinos are used as tourist attractions, including as

5950-522: The right of self-governance, including but not limited to the ability to pass laws, regulate power and energy, create treaties, and hold tribal court hearings. Laws on tribal lands may vary from those of the surrounding area. The laws passed can, for example, permit legal casinos on reservations. The tribal council, not the local government or the United States federal government , often has jurisdiction over reservations. Different reservations have different systems of government, which may or may not replicate

6035-531: The rise, land tenure in the developed world has become a point of issue. Market-based economies which treat housing as a commodity and not a right allow for laws such as California Proposition 13 (1978) that incentivize treating housing as an investment. Due to inelastic demand of the human need for shelter, housing prices can therefore be raised above universally-affordable rates. This complicates tenure by limiting supply and exacerbating homelessness and informal housing arrangements. For instance, in

6120-479: The same land. There are approximately 160 registered determinations of native title, spanning some 16% of Australia's land mass. The case of Mabo overturned the decision in Milirrpum and repudiated the notion of terra nullius . Subsequent Parliamentary Acts passed recognised the existence of this common law doctrine. Under common law , Life estate is an interest in real property that ends at death. The holder has

6205-586: The settlers encroached on territory and natural resources in the West. In 1868, President Ulysses S. Grant pursued a "Peace Policy" as an attempt to avoid violence. The policy included a reorganization of the Indian Service, with the goal of relocating various tribes from their ancestral homes to parcels of lands established specifically for their inhabitation. The policy called for the replacement of government officials by religious men, nominated by churches, to oversee

6290-547: The state a party to any contractual or statutory agreement. Finally, occupancy on reservations can be by virtue of tribal or individual tenure. There are many churches on reservations; most would occupy tribal land by consent of the federal government or the tribe. Bureau of Indian Affairs (BIA) agency offices, hospitals, schools, and other facilities usually occupy residual federal parcels within reservations. Many reservations include one or more sections (about 640 acres) of land for schools, but such land typically remains part of

6375-404: The state of West Virginia . Reservations are unevenly distributed throughout the country, the majority being situated west of the Mississippi River and occupying lands that were first reserved by treaty ( Indian Land Grants ) from the public domain. Because recognized Native American nations possess tribal sovereignty , albeit of a limited degree, laws within tribal lands may vary from those of

6460-750: The state using long-term leases of 20 to 70 years. Foreign investors are not allowed to buy or own land in China. In Thailand foreigners are normally prohibited to own or possess land in Thailand. These restrictions are covered in the land code, articles 96 and following. Under Article 44 of the Cambodian Constitution, "only natural persons or legal entities of Khmer nationality shall have the right to land ownership." foreigners are prohibited to own or possess land in Cambodia. Foreigners are prohibited owning land in

6545-414: The surrounding and adjacent states. For example, these laws can permit casinos on reservations located within states which do not allow gambling, thus attracting tourism. The tribal council generally has jurisdiction over the reservation, not the U.S. state it is located in, but is subject to federal law. Court jurisdiction in Indian country is shared between tribes and the federal government, depending on

6630-463: The tribal affiliation of the parties involved and the specific crime or civil matter. Different reservations have different systems of government, which may or may not replicate the forms of government found outside the reservation. Most Native American reservations were established by the federal government but a small number, mainly in the East, owe their origin to state recognition . The term "reservation"

6715-473: The tribe has the authority to modify tenant-in-common practices. With the General Allotment Act (Dawes) , 1887, the government sought to individualize tribal lands by authorizing allotments held in individual tenure. Generally, the allocation process led to grouping family holdings and, in some cases, this sustained pre-reservation clan or other patterns. There had been a few allotment programs ahead of

6800-536: The use of the land for life, but typically no ability to transfer that interest or to use it to secure a mortgage loan . Under common law, fee tail is hereditary, non-transferable ownership of real property. A similar concept, the legitime , exists in civil and Roman law ; the legitime limits the extent to which one may disinherit an heir. Under both common law and civil law, land may be leased or rented by its owner to another party. A wide range of arrangements are possible, ranging from very short terms to

6885-512: The ways in which people create and utilize landscape boundaries, both natural and constructed. Less tangible aspects of tenure are harder to qualify, and study of these relies heavily on either the anthropological record (in the case of pre-literate societies) or textual evidence (in the case of literate societies). In archaeology, land tenure traditions can be studied across the longue durée , for example land tenure based on kinship and collective property management. This makes it possible to study

6970-674: Was called Brotherton Indian Reservation and also Edgepillock or Edgepelick . The area was 3,284 acres (13.29 km). Today it is called Indian Mills in Shamong Township . In 1764 the British government's Board of Trade proposed the "Plan for the Future Management of Indian Affairs". Although never adopted formally, the plan established the British government's expectation that land would only be bought by colonial governments, not individuals, and that land would only be purchased at public meetings. Additionally, this plan dictated that

7055-451: Was initiated by John Collier . It laid out new rights for Native Americans, reversed some of the earlier privatization of their common holdings, and encouraged tribal sovereignty and land management by tribes. The act slowed the assignment of tribal lands to individual members and reduced the assignment of "extra" holdings to nonmembers. For the following 20 years, the U.S. government invested in infrastructure, health care, and education on

7140-650: Was the Sioux War on the northern Great Plains , between 1876 and 1881, which included the Battle of Little Bighorn . Other famous wars in this regard included the Nez Perce War and the Modoc War , which marked the last conflict officially declared a war. By the late 1870s, the policy established by President Grant was regarded as a failure, primarily because it had resulted in some of the bloodiest wars between Native Americans and

7225-524: Was with the (superior) monarch, also known as overlord or suzerain . Historically, it was usual for there to be reciprocal duties and rights between lord and tenant. There were different kinds of tenure to fit various kinds of need. For instance, a military tenure might be by knight-service , requiring the tenant to supply the lord with a number of armed horsemen and ground troops. The fees were often lands, land revenue or revenue-producing real property, typically known as fiefs or fiefdoms . Over

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