§ 7 — Partition of tribal lands

New York § 7

• Jurisdiction: New York
• Law IND: Indian
• Art. 2: General Provisions

Text

§ 7. Partition of tribal lands. Any nation, tribe or band of Indians\nwhich owns and occupies land in this state as the common property of\nsuch nation, tribe or band may, by the act of its Indian government,\ndivide such lands into lots, and distribute and partition the same,\nquantity and quality relatively considered, among the individuals and\nfamilies of such nation, tribe or band, so that the same may be held in\nseveralty and in fee simple, according to the laws of this state. No\nlands occupied and improved by any Indian according to the laws, usages\nor customs of the nation, tribe or band shall be set off to any person\nother than the occupant or his family. The officers, agents or\ncommissioners to execute the deeds to effect such partition shall be\nappointed by the nation, tribe or band, whose lands are to be\ndistributed, subject to the approval of the commissioner of general\nservices. They shall go before the county judge of the county in which\nsuch lands are situated, and prove to his satisfaction that they are\nauthorized to effect such transfers, and shall acknowledge before him\nthe deeds necessary therefor. The county judge shall examine such deeds,\nand his indorsement thereon that he has examined the same, and that they\nare executed in pursuance of authority duly conferred, shall authorize\nthe county clerk to record such deeds.\n Lands partitioned or distributed in pursuance of this section shall\nnot be subject to any lien or incumbrance, by way of mortgage, judgment\nor otherwise, or be alienable by the grantee or his heirs, for twenty\nyears after the recording of the deed effecting the partition; but may\nbe partitioned among the heirs of a grantee who dies.\n