§379 Sale of Allotted Lands by Heirs

Summary

Adult heirs may sell land they inherit from an Indian allottee. A minor’s share may be sold only by a guardian appointed by a court after the guardian files a petition and the court orders the sale. All sales must be approved by the Secretary of the Interior; approval gives the buyer full, unrestricted title. Sold allotted land and land patented to a white allottee become taxable under state or territorial law. The sale rule does not apply to a homestead during the life of the father or mother or while any child is a minor.