Tee-Hit-Ton Indians V. United States - Decision

Decision

Justice Stanley Forman Reed, writing for the Court, stated that Congress did not intend to grant the Tee-Hit-Ton any permanent rights to the occupied lands but had given them permission to occupy it. Under the concept of conquest, any title to the land was extinguished when the "white man" came per Johnson v. M'Intosh. No case has held that taking of Indian title or use by Congress required compensation. Because there was no recognized title to the land, the court decided there was no right to compensation under the Fifth Amendment.

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