California, United States of America
The following excerpt is from Boisclair v. Superior Court, 276 Cal.Rptr. 62, 51 Cal.3d 1140, 801 P.2d 305 (Cal. 1990):
The basis for this exclusive federal-Indian relationship regarding Indian land derives, again, both from notions of inherent sovereignty and federal preemption. Indian sovereignty is reflected in the unique nature of Indian title, which bestows a right not of ownership but of occupancy "good against all but the sovereign" United States government and is recognized as the basis for exclusive federal jurisdiction over Indian property. (Oneida Indian Nation v. County of Oneida (1974) 414 U.S. 661, 667, 94 S.Ct. 772, 777, 39 L.Ed.2d 73.) From the concept of Indian title emerges "the [51 Cal.3d 1149] rudimentary propositions that Indian title is a matter of federal law and can be extinguished only with federal consent...." (Id. at p. 670, 94 S.Ct. at p. 778.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.