Tee-Hit-Ton Indians v. United States

348 U.S. 272 (1955)

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Nature of the Case

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Facts

The Tee Hit Ton Indians (P) were the original titleholders 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.