04/02/2020 E-Library - Information At Your Fingertips: Printer Friendly [176] Aboriginal Title to Indian Lands, supra, at Sec. 2[b], p. 435. [177] 41 Am Jr 2d, Indians, Sec. 59 [1995 ed.]. [178] An allotment of Indian land contains restrictions on alienation of the land. These restrictions extend to a devise of the land by will-- Missouri, K. & T.R. Co. v. U.S., 235 U.S. 37, 59 L. Ed. 116,. 35 S. Ct. 6 [1914]; A railroad land grant that falls within Indian land is null and void-- Northern P. R. Co. v. U.S., 227 U.S. 355, 57 L.Ed. 544,33 S. Ct. 368 [1913]; Portions of Indian land necessary for a railroad right of way were, by the terms of the treaty, declared "public land," implying that land beyond the right of way was private-- Kindred v. Union P.R. Co., 225 U.S. 582, 56 L. Ed. 1216, 32 S. Ct. 780 [1912]; see also 41 Am Jur 2d, Indians, Sec. 58 [1995 ed]. [179] Aboriginal Title to Indian Lands, supra, at Sec. 2[a], p. 433. [180] 42 C.J.S. Indians, Sec. 29 [1944 ed.] [181] Ibid. [182] North American Indians have made much progress in establishing a relationship with the national government and developing their own laws. Some have their own government-recognized constitutions. Usually the recognition of Indian tribes depends on whether the tribe has a reservation. North American tribes have reached such an advanced stage that the main issues today evolve around complex jurisdictional and litigation matters. Tribes have acquired the status of sovereign nations within another nation, possessing the right to change and grow-- Jose Paulo Kastrup, The Internationalization of Indigenous Rights from the Environmental and Human Rights Perspective, Texas International Law Journal, vol. 32: 97, 104 [1997]. [183] Lynch, Native Title, supra, at 293. [184] Dante Gatmaytan, Ancestral Domain Recognition in the Philippines: Trends in Jurisprudence and Legislation, 5 Phil. Nat. Res. L.J. No. 1, pp. 43, 40 [Aug. 1992]; see also Tee Hit Ton Indians v. U.S., supra, at 320. [185] Ibid. [186] D. Gatmaytan, supra, citing Churchill, The Earth is Our Mother: Struggles for American Indian Land and Liberation in the Contemporary United States, The State of Native America: Genocide, Colonization and Resistance 139 (M. Jaimes 1992); and Indian Law Resource Center, United States Denial of Indian Property Rights: A Study in Lawless Power and Racial Discrimination, Rethinking Indian Law 15 (National Lawyers Guild, Committee on Native American Struggles 1982). [187] Id., Note 28, stating that some earlier decisions of the U.S. Supreme Court have held that Congress is subject to the strictures of the Constitution in dealing with Indians. When an Indian property is taken for non-Indian use, the U.S. government is liable for payment of compensation, and an uncompensated taking may be enjoined. F. Cohen, Handbook of Federal Indian Law 217 [1982], citing elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/36882 66/148