Trust title or trust land exists when one party (such as the United States) owns land for the use and benefit of another party (e.g., a Native nation or individual allotment holder). The US is called the trustee and is said to hold trust title to 55.7 million acres of Indian land. The US owns the trust land but must assure that it is used exclusively for the benefit of the nation or individual, called the beneficiary.
Research to identify the origin of US trust title has been able to establish a legal basis for US claims of trust title to only about 22.4 million acres. Thus, the trust status of some 33.3 million acres remains in doubt. This startling fact shows the enormous need for a reasonable and just rule for deciding what land is held in trust by the US.
Review treaties and statutes that recognize and guarantee Indian and Alaska Native self-government and self-determination.
Explore whether or not it is legally necessary for land to be held in trust in order for it to be held under the jurisdiction of a Native nation, remain non-taxable by state and local governments, and continue to be protected against alienation.
Interested in learning more? Be sure to check out the book
Native Land Law.
This groundbreaking legal treatise (a companion guide to the Native land law CLE series) advances a new framework of law that is fair and workable within a U.S constitutional framework. It offers insightful historical and legal analysis of key laws and court rulings that impact Native land law and provides critical arguments to represent the interests of Indian nation governments today.
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