Tee-Hit-Ton Indians v. United States
99 L. Ed. 2d 314 · Supreme Court of the United States · 1955
Facts
The Tee-Hit-Ton Indians, an identifiable group of 60-70 individuals residing in Alaska and a clan of the Tlingit Tribe, claimed ownership of over 350,000 acres of land and 150 square miles of water in Alaska, including areas within the Tongass National Forest. They asserted continuous occupation and use of these lands from time immemorial, and that Russia, during its possession of Alaska, did not interfere with their claim. In 1947, Congress passed a Joint Resolution authorizing the Secretary of Agriculture to sell timber from national forests in Alaska, "notwithstanding any claim of possessory rights." Pursuant to this authority, the Secretary of Agriculture contracted in 1951 for the sale of all merchantable timber in the area claimed by the Tee-Hit-Tons to a private company. The Tee-Hit-Tons alleged this timber sale constituted a compensable taking of their proprietary interest in the land by the United States.
Procedural history
The Tee-Hit-Ton Indians brought suit in the Court of Claims under 28 U. S. C. § 1505, which conducted a separate trial on specific legal issues. The Court of Claims adopted findings that the petitioner's interest was "original Indian title" or "Indian right of occupancy" but held that such title was not a sufficient basis for suit without congressional recognition, dismissing the petition. The Supreme Court granted certiorari due to the importance of the question and a conflict between the Court of Claims' decision and a Ninth Circuit decision.
Issue
Does the Fifth Amendment require the United States to pay compensation for the taking of timber from Alaskan lands occupied by the Tee-Hit-Ton Indians under "original Indian title" or "Indian right of occupancy" when Congress has not specifically recognized their ownership of those lands?
Holding
The Court held that the taking by the United States of unrecognized Indian title is not compensable under the Fifth Amendment. It affirmed the Court of Claims' dismissal of the Tee-Hit-Tons' petition for compensation.
Rule
"Original Indian title" or "Indian right of occupancy" is mere possession not specifically recognized as ownership by Congress. This right of occupancy may be terminated and the lands fully disposed of by the sovereign without any legally enforceable obligation to compensate the Indians, as discovery and conquest gave conquerors sovereignty and ownership. Congressional recognition of Indian rights must demonstrate a definite intention to accord legal rights, not merely permissive occupation. The power of Congress to extinguish Indian title based on aboriginal possession is supreme and raises political, not justiciable, issues, meaning such extinguishment does not require Fifth Amendment compensation.
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