View Our Newest Version Here

2012 New York Consolidated Laws
IND - Indian
Article 2 - (2 - 19) General Provisions
7 - Partition of tribal lands.

Universal Citation:
NY Indian L ยง 7 (2012)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.
 
    §  7. Partition of tribal lands.  Any nation, tribe or band of Indians
  which owns and occupies land in this state as  the  common  property  of
  such  nation,  tribe  or  band may, by the act of its Indian government,
  divide such lands into lots, and  distribute  and  partition  the  same,
  quantity  and  quality  relatively considered, among the individuals and
  families of such nation, tribe or band, so that the same may be held  in
  severalty  and  in  fee  simple, according to the laws of this state. No
  lands occupied and improved by any Indian according to the laws,  usages
  or  customs  of the nation, tribe or band shall be set off to any person
  other  than  the  occupant  or  his  family.  The  officers,  agents  or
  commissioners  to  execute  the  deeds to effect such partition shall be
  appointed  by  the  nation,  tribe  or  band,  whose  lands  are  to  be
  distributed,  subject  to  the  approval  of the commissioner of general
  services. They shall go before the county judge of the county  in  which
  such  lands  are  situated,  and prove to his satisfaction that they are
  authorized to effect such transfers, and shall  acknowledge  before  him
  the deeds necessary therefor. The county judge shall examine such deeds,
  and his indorsement thereon that he has examined the same, and that they
  are  executed  in pursuance of authority duly conferred, shall authorize
  the county clerk to record such deeds.
    Lands partitioned or distributed in pursuance of  this  section  shall
  not  be subject to any lien or incumbrance, by way of mortgage, judgment
  or otherwise, or be alienable by the grantee or his  heirs,  for  twenty
  years  after  the recording of the deed effecting the partition; but may
  be partitioned among the heirs of a grantee who dies.
Disclaimer: These codes may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.