Constitutional Law - Equal Protection - Supreme Court Upholds the Validity of Preferrential Treatment of Indians in Land Disputes
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Authors
Thomas, Mark W.
Issue Date
1980
Volume
13
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|In March of 1854 the Omaha Indian Tribe signed a treaty with the United States in which the Tribe surrendered most of its ancestral homeland in exchange for money and assistance. Pursuant to the treaty, the Tribe settled on a 300,000 acre tract in northeastern Nebraska bounded on the east by the Missouri river. An 1867 Missouri River survey showed that the reserved tract included a large peninsula of land jutting eastward into the river. By the early 1920's, however, this peninsula had disappeared under the westward migration of the river and the soil was now on the east bank of the river. This land was subsequently settled by Iowa farmers who cultivated the land until tribal members took possession in 1975. In Wilson v. Omaha Indian Tribe, a suit to quiet title, the Tribe claimed the land as part of its original reservation. They based their claim on the doctrine of avulsion...
Description
Citation
13 Creighton L. Rev. 619 (1979-1980)
Publisher
Creighton University School of Law