25 C.F.R. § 152.6
Issuance of patents in fee to non-Indians and Indians with whom a special relationship does not exist
Whenever the Secretary determines that trust land, or any interest therein, has been acquired through inheritance or devise by a non-Indian, or by a person of Indian descent to whom the United States owes no trust responsibility, the Secretary may issue a patent in fee for the land or interest therein to such person without application.
Notes of Decisions
Cited in 2
cases, 1985–1997 · leading case: Irving v. Clark, 758 F.2d 1260 (8th Cir. 1985).
Irving v. Clark, 758 F.2d 1260 (8th Cir. 1985). “25 C.F.R. § 152.6 (1983). . We further reject any argument that this clause functioned to vest rights in those individuals who would have been heirs under the law of the applicable state at the time of allotment, thus protecting their expectancies from changes in state as well…”
United States v. Phillip Henry Stands, 105 F.3d 1565 (8th Cir. 1997). “§§ 348-349 (1994), 6 or the allotment could have been inherited by a non-Indian, see 25 C.F.R. § 152.6 (1996), among other possibilities.”
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