Reading Room Document

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. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at www.justice.gov/file/24036/download.

March 4, 1988