Constitutionality of Amended Version of the Indian Land Consolidation Act


As amended, the Indian Land Consolidation Act should survive a constitutional challenge under the Takings Clause of the Fifth Amendment because it does not completely abolish both descent and devise of Indian trust lands.

Consistent with the Due Process Clause, the amended Act may be applied only to those allottees given a “reasonable opportunity” to arrange their affairs to avoid escheat.

Updated July 9, 2014