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Under the “doctrine of discovery,” County of Oneida v. Oneida Indian Nation of N. Y., 470 U.S. 226, 234 (1985) (Oneida II), “fee title to the lands occupied by Indians when the colonists arrived became vested in the sovereign–first the discovering European nation and later the original States and the United States,” Oneida Indian Nation of N. Y. v. County of Oneida, 414 U.S. 661, 667 (1974) (Oneida I). In the original 13 States, “fee title to Indian lands,” or “the pre-emptive right to purchase from the Indians, was in the State.” Id., at 670; see Oneida Indian Nation of N. Y. v. New York, 860 F.2d 1145, 1159—1167 (CA2 1988). Both before and after the adoption of the Constitution, New York State acquired vast tracts of land from Indian tribes through treaties it independently negotiated, without National Government participation. See Gunther, Governmental Power and New York Indian Lands–A Reassessment of a Persistent Problem of Federal-State Relations, 8 Buffalo L. Rev. 1, 4—6 (1959) (hereinafter Gunther).

Ginsburg Opinion

CITY OF SHERRILL V. ONEIDA INDIAN NATION OF N. Y. (03-855) 544 U.S. 197 (2005)

337 F.3d 139, reversed and remanded.

See footnote 1 of the Sherrill v. Onedia opinion for the the aforementioned quote (⤓ PDF Download)

via: Cornell Legal Information Institute


Indigenous Values Initiative, "Sherrill v. Oneida Opinion of the Court," Doctrine of Discovery Project (1 August 2018), https://doctrineofdiscovery.org/sherrill-v-oneida-opinion-of-the-court/.

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