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United States v. Alcea Band of Tillamooks, 329 U.S. 40 (1946)

United States v. Alcea Band of Tillamooks

No. 26

Argued January 31, February 1, 1946

Reargued October 25, 1946

Decided November 25, 1946

329 U.S. 40


Under the Act of August 26, 1935, 49 Stat. 801, conferring jurisdiction on the Court of Claims to adjudicate and render final judgment on

"any and all legal and equitable claims arising under or growing out of the original Indian title, claim, or rights in, to, or upon the whole or any part of the lands"

previously occupied by certain Indian tribes and bands in Oregon, held, that tribes which successfully identify themselves as entitled to sue under the Act, prove their original Indian title to designated lands, and demonstrate that their interest in such lands was taken without their consent and without compensation, are entitled to recover compensation therefor without showing that the original Indian title ever was formally recognized by the United States. Pp. 329 U. S. 45-54.

103 Ct.Cl. 494, 59 F.Supp. 934, affirmed.

Certain Indian tribes sued the United States in the Court of Claims under the Act of August 26, 1935, 49 Stat. 801, and recovered judgment for the taking without their consent of their interest under original Indian title in certain lands previously occupied by them. 103 Ct.Cl. 494, 59 F.Supp. 934. This Court granted certiorari. 326 U.S. 707. Affirmed, p. 329 U. S. 54.

Page 329 U. S. 41

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