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Development by Agreement: A Tool Kit for Land Developers and Local Government, Second Edition
Restoring Taken Native American Land: Reclamation or Reparations [CC]
![Restoring Taken Native American Land: Reclamation or Reparations [CC]](/content/dam/aba-cms-dotorg/products/ecd/ondemand/421346469/421346469.Def.L.png.transform/product-2x/img.png)
Restoring Taken Native American Land: Reclamation or Reparations [CC]
This panel discusses the process and cost of restoring land, which was taken without due process.
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Closed Captioned.
When European explorers began to arrive in the Americas circa 1492, the estimated number of indigenous inhabitants of North, Central and South America was 60 million. Tribes that survived the European settlement of the eastern seaboard of the United States eventually became an obstacle to the settlers' goal of cultivating the New World. Starting in 1778 the Federal government initiated the "removal period" during which over 350 treaties were ratified by Congress. By 1880, 113 reservations had been established west of the Mississippi River, including existing Pueblos in the southwest portion of the U.S. Territory. Through the use of treaties, promising monetary or other restitution for the loss of ancestral lands, as well as ongoing protection of and benefits to the tribes, the Federal government moved tribes west of the Mississippi River to designated geographical areas entitled "reservations."
From 1887 to 1934, 60 million acres of 'surplus' Indian lands were sold or transferred to non-Indians." Numerous federal acts facilitated the transfer of approximately 27 million additional acres of Indian land to non-Indians. The parcels of land allotted to tribal members under these Federal policies have been repeatedly divided via intestate succession. Tribal members unable to afford legal assistance in setting up estate plans passed away without any method of bequeathing their allotment to identified individuals; so the allottees' heirs and their successors are all partial owners of the original allotment. This fractionalization of the allotted land makes the property difficult to convey or develop by the original allottee's heirs.
The panel will discuss the progress experienced under the Federal Land Buy-Back Program for Tribal Nations, non-profit efforts to educate tribes and facilitate reclaiming the land that was taken from them, as well as an example of a tribe which has successfully implemented a strategic plan to reclaim it's rightful property with the assistance of both the federal program and non-profit property rights organizations.
Moderator: Katharine Kinsman, Editor, State and Local Law News, Santa Ynez, CA
Panelists:
Carolyn Drouin, Land Buy-Back Program for Tribal Nations, Washington, DC
Cris Stainbrook, Indian Land Tenure Foundation, St. Paul, MN
Koko Hufford (or William Tovey), Confederated Tribes of the Umatilla Indian Reservation, Department of Economic and Community Development, Pendleton, OR
Product Details
Moderators
Product Code
LG2202RNAOLC
Duration
60
Publication Date
2/10/2022 12:00:00 AM
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