Section 7. Partition of tribal lands  


Latest version.
  • 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.