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25 U.S.C. § 355 — Laws applicable to lands of full-blooded members of Five Civilized Tribes
Federal law — U.S. Code and appendices · legal_authorities
The lands of full-blooded members of any of the Five Civilized Tribes are made subject to the laws of the State of Oklahoma, providing for the partition of real estate. Any land allotted in such proceedings to a full-blood Indian, or conveyed to him upon his election to take the same at the appraisement, shall remain subject to all restrictions upon alienation and taxation obtaining prior to such partition. In case of a sale under any decree, or partition, the conveyance thereunder shall operate to relieve the land described of all restrictions of every character.
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Source location: Title 25, Chapter 9, § 355; chapter-009-allotment-of-indian-lands.md
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The lands of full-blooded members of any of the Five Civilized Tribes are made subject to the laws of the State of Oklahoma, providing for the partition of real estate. Any land allotted in such proceedings to a full-blood Indian, or conveyed to him upon his election to take the same at the appraisement, shall remain subject to all restrictions upon alienation and taxation obtaining prior to such partition. In case of a sale under any decree, or partition, the conveyance thereunder shall operate to relieve the land described of all restrictions of every character.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, acts Feb. 8, 1887, ch. 119, § 1, 24 Stat. 388; Feb. 28, 1891, ch. 383, § 1, 26 Stat. 794; June 25, 1910, ch. 431, § 17, 36 Stat. 859, related to allotments of irrigable and nonirrigable land on reservations.
#### Codification
Section was based on section 1 of act Feb. 8, 1887, as amended generally by section 1 of act Feb. 28, 1891, which was amended generally, by act June 25, 1910. The amendment by act June 25, 1910, to section 1 of act Feb. 28, 1891, was treated as an amendment to section 1 of act Feb. 8, 1887, to reflect the probable intent of Congress, and this section was based on the text of section 1 of act Feb. 28, 1891, as so amended. The repeal by Pub. L. 106–462 of section 1 of act Feb. 8, 1887, was executed by repealing this section, to reflect the probable intent of Congress.
#### Short Title of 2018 Amendment
Pub. L. 115–399, § 1, Dec. 31, 2018, 132 Stat. 5331, provided that: “This Act [enacting and amending provisions set out as notes under [section 355 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section355&num=0&edition=prelim)] may be cited as the ‘Stigler Act Amendments of 2018’.”
#### Short Title of 1987 Amendment
Pub. L. 100–153, § 1, Nov. 5, 1987, 101 Stat. 886, provided that: “This Act [amending sections 373, 1401, and 2301 of this title and [section 4421 of Title 20](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section4421&num=0&edition=prelim), Education, and amending provisions set out as a note under this section] may be cited as the ‘Indian Law Technical Amendments of 1987’.”
#### Short Title
Act Feb. 8, 1887, ch. 119, 24 Stat. 388, as amended, enacting this section and sections 332 to 334, 339, 341, 342, 348, 349, 354, and 381 of this title, is po
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** In any case removed from a State court, the district court may issue all necessary orders and process to bring before it all proper parties whether served by process issued by the State court or otherwise.
**(b)** It may require the removing party to file with its clerk copies of all records and proceedings in such State court or may cause the same to be brought before it by writ of certiorari issued to such State court.
**(c)** A motion to remand the case on the basis of any defect other than lack of subject matter jurisdiction must be made within 30 days after the filing of the notice of removal under section 1446(a). If at any time before final judgment it appears that the district court lacks subject matter jurisdiction, the case shall be remanded. An order remanding the case may require payment of just costs and any actual expenses, including attorney fees, incurred as a result of the removal. A certified copy of the order of remand shall be mailed by the clerk to the clerk of the State court. The State court may thereupon proceed with such case.
**(d)** An order remanding a case to the State court from which it was removed is not reviewable on appeal or otherwise, except that an order remanding a case to the State court from which it was removed pursuant to section 1442 or 1443 of this title shall be reviewable by appeal or otherwise.
**(e)** If after removal the plaintiff seeks to join additional defendants whose joinder would destroy subject matter jurisdiction, the court may deny joinder, or permit joinder and remand the action to the State court.
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Federal law — U.S. Code and appendices · legal_authorities
Page 103
TITLE 25—INDIANS
§ 356
§ 355. Laws applicable to lands of full-blooded
members of Five Civilized Tribes
The lands of full-blooded members of any of
the Five Civilized Tribes are made subject to the
laws of the State of Oklahoma, providing for the
partition of real estate. Any land allotted in
such proceedings to a full-blood Indian, or con-
veyed to him upon his election to take the same
at the appraisement, shall remain subject to all
restrictions upon alienation and taxation ob-
taining prior to such partition. In case of a sale
under any decree, or partition, the conveyance
thereunder shall operate to relieve the land de-
scribed of all restrictions of every character.
(June 14, 1918, ch. 101, § 2, 40 Stat. 606.)
Statutory Notes and Related Subsidiaries
CHOCTAW
TRIBE; SALE
OF
LANDS
AND
INTERESTS
THEREIN; TRANSFER
TO
TRIBAL
CORPORATION
OR
FOUNDATION; PER CAPITA DISTRIBUTION
Pub. L. 91–386, § 1, Aug. 24, 1970, 84 Stat. 828, repealed
Pub. L. 86–192, §§ 1–12, Aug. 25, 1959, 73 Stat. 420, as
amended by Pub. L. 87–609, §§ 1, 2, Aug. 24, 1962, 76 Stat.
405; Pub. L. 89–107, Aug. 4, 1965, 79 Stat. 432; Pub. L.
90–476, Aug. 11, 1968, 82 Stat. 703, which provided for ter-
mination of Federal supervision over affairs of the
Choctaw Tribe, including termination of eligibility of
individual Choctaw members for certain Federal serv-
ices and benefits provided Indians because of their sta-
tus as Indians; authority to establish a trustee, cor-
poration, or other legal entity under State law as a
successor in interest to the tribal entity; and authority
for Secretary of the Interior to sell land and interest in
land owned by the Choctaw Tribe for benefit of the
tribe, to convey to the successor entity certain lands
and mineral interests of the Choct
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