Brief Fact Summary. An American Indian group sought compensation for a taking by the federal government of forest timber from a piece of land used by the group.
Synopsis of Rule of Law. The taking or use of American Indian land does not require any compensation by the government.
Issue. Do Native Americans have any permanent right to land they occupy by the permission of the government?
Held. No. Judgment affirmed.
Congress has never given American Indians any permanent rights to land they occupy. The discovery and conquest of America extinguished any ownership rights of American Indians.
American Indians have no constitutional right to compensation for the government’s use and taking of their land because the government is the title holder. American Indians merely have permission to live on the land. The government has made provisions to allow them recovery for wrongs as a matter of grace, not because of legal liability.
Where the Congress by treaty or other agreement has declared that thereafter Indians were to hold the lands permanently, compensation must be paid for subsequent taking.View Full Point of Law