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Writer's pictureHelen

American Indian Lands

Updated: Dec 21, 2022

Lands stolen. It was fraudulent. It should be clear – wrong is wrong. Redress is important in society including having access to a judicial system. If that is non-responsive then a private administrative process using a Public Notary witness is an equally viable, affordable alternative. Redress creates a more peaceful society.

So, land was stolen from your family who was allotted lands through a treaty = contract and under the General Allotment Act. You are likely descended from one of the Five Civilized Tribes (Chickasaw, Creek, Choctaw, Seminole and Cherokee). If the attempt to convey or alienate occurred within the first 25 years in which the land was held in trust by the federal government (that is the legal title was held by the government for the benefit of the beneficiary – his or her heirs) or the loss occurred before the General Allotment Act, it is possible to reclaim the lands. The expiration of the 25 year period was in April of 1931.

It may not be entirely clear right at the moment but land held in trust by a sovereign government can never be quiet titled. Furthermore, despite what you might have been told, there is no statute of limitations to worry about because the proper way to frame the loss of land is under probate. The rightful heirs can step in the shoes of their ancestor at the point of the property loss and re-assert all rights afforded under contract and probate law.

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