TEE-HIT-TON INDIANS V. UNITED STATES
348 U.S. 272 (1955)
NATURE OF THE CASE: This was a suit for possession by Indians under the Fifth Amendment.
FACTS: The Tee Hit Ton Indians (P) were the original title-holders of land under an
Indian right of occupancy. They sued for compensation for a taking of lands allegedly
belonging to them. The claim did not arise from a statutory duty to pay. They claimed over
350,000 acres of land and 150 square miles of water. The suit was brought in the Court of
Claims under 28 U.S.C. 1505. The Court of Claims held that P was an identifiable group of
Indians who held original Indian Title prior to the purchase of the land by the U.S. This
right of occupancy survived the Treat of 1867 when the U.S. purchased Alaska from Russia.
The lower court ruled that their title was not a sufficient basis to maintain a suit in
compensation for a taking by the United States of certain timber from the Alaskan lands
allegedly belonging to P. The land in fact was located near the Tongass National Forest. The
Secretary of Agriculture was authorized to contract for the sale of national forest timber
located within the National Forest notwithstanding any claim of possessory rights. That
resolution defined possessory rights and provided for all receipts from the sale of timber
to be maintained in a special account until the timber and land rights were finally
determined. The Secretary pursuant to this authority contracted for the sale to a private
company all the merchantable timber in the area claimed by P. P alleged that this sale of
timber was a compensable taking. P appealed and the Supreme Court granted certiorari.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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