25 U.S.C. § 185
Protection of Indians desiring civilized life
Whenever any Indian, being a member of any band or tribe with whom the Government has or shall have entered into treaty stipulations, being desirous to adopt the habits of civilized life, has had a portion of the lands belonging to his tribe allotted to him in severalty, in pursuance of such treaty stipulations, the agent and superintendent of such tribe shall take such measures, not inconsistent with law, as may be necessary to protect such Indian in the quiet enjoyment of the lands so allotted to him.
Notes of Decisions
Cited in 8
cases (1 in the last 5 years), 1968–2021 · leading case: Dillon v. Antler Land Company
Dillon v. Antler Land Company (1972)
“00 in damages, alleging that the agents of the United States, by refusing to take action in her behalf with respect to the 1040 acres, breached the duties enjoined upon them by 25 U.S.C. § 185 . 3 A motion to dismiss is directed to the second claim.”
Dillon v. Antler Land Co. (1974)
“§ 1346 (b), alleging that agents of the United States, by refusing to take action in her behalf with respect to the 1,040 acres, breached the duties enjoined on them by 25 U.S.C. § 185 . Pursuant to Rule 12(b) F.”
Sampson v. Andrus (1980)
“Given the duty the federal government has assumed toward Indians, both in its federal trust responsibility and under statutes such as 25 U.S.C. § 185 , 4 this Court is obliged to hold that the narrow administrative interpretation made of § 483 defeats the “evident intent of the…”
Bennett County, South Dakota, a Public Corporation v. United States (1968)
“427 , now codified in 25 U.S.C.A. § 185 , 2 the United States sought to enjoin appellant from entering upon the land for the purpose of making repairs to the road without (1) securing permission from the Secretary of Interior, pursuant to the provisions of 25 U.”
Dillon (1979)
“Dillon’s claim relating to the United States maintained the Government, by failing to recover the lands for Dillon, breached a duty to plaintiff required by 25 U.S.C. § 185 which provides, inter alia, that when an Indian is allotted land, "the agent and superintendent of such…”
Hunger v. Andrus (1979)
“§ 161 , as well as constituting a breach of federal trust responsibility and 25 U.S.C. § 185 and the requirements of due process.”
Burt Lake Band of Ottawa and Chippewa Indians v. Zinke (2020)
“§ 13 (Snyder Act); 25 U.S.C. § 185 ; 25 U.S.C. § 305 (a); 25 U.”
Mattwaoshshe v. Nextera Energy, Inc. (2021)
“25 U.S.C. § 185 (emphasis added). But like § 175, § 185 does not impose a duty on the United States or its agents “to litigate all title problems which may be created by.”
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