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United States. Office of Indian Affairs / Annual report of the Commissioner of Indian Affairs, for the year 1905, Part I
([1905])

Report of the Indian inspector for Indian territory,   pp. 705-792 PDF (36.9 MB)


Page 724

724     REPORTS OF THE DEPARTMENT OF THE INTERIOR. 
appraised value. In these nations the law requires that a payment 
of 25 per cent of the amount due on improved lots shall be made 
within sixty days from service of notice of appraisement, and the 
balance in three equal annual installments. Payments. on lots sold 
at auction may be made in four equal annual installments, as provided 
for improved lots, except that the first payment must be made at the 
time of sale. The law also provides in these nations that if a person 
fail to make any payment within sixty days after the same is due 
the lot shall be sold at public auction, the purchaser to pay to the 
owner of the improvements the price for which the lot is sold less 
621 per cent of the appraised value of the lot. 
In the Creek Nation occupancy rights to vacant lots were recog- 
nized where the same were properly acquired prior to the signing of 
the Creek agreement on March 8, 1900. Practically all of the lots 
in this nation where claimants established valid claims were sched- 
uled at 50 per cent of the appraised value. In a few cases, where 
persons had the right of occupancy to land which was included in 
a town site, they were allowed to purchase one-fourth of the lots 
into which said land was divided at two-thirds of the appraised 
value. All lots listed vacant by the town-site commission in this 
nation are subject to sale at public auction, payment on such lots 
to be made in the same manner as for improved lots, which is 10 
per cent within sixty days from service of notice, 15 per cent within 
four months thereafter, and the balance in three equal annual install- 
ments. In this nation the law does not absolutely provide any date 
within which all payments must be made on town lots, but it is pro- 
vided that when such are not made when due they shall bear interest 
at the rate of 10 per cent per annum until paid. There is, therefore, 
no authority of law for declaring lots defaulted where proper pay- 
ments are not made. This matter should be the subject of further 
legislation in order that proper action may be taken in cases where 
proper payments are not made. 
In the Cherokee Nation the law provides that where towns have 
been platted and occupancy rights to lots sold by the tribal authori- 
ties the claimants are entitled to have the lots scheduled to them 
at 25 per cent of the appraised value where improved and where 
unimproved at 50 per cent. Where a citizen of the Cherokee 
Nation is in possession of an improved lot which was not disposed 
of by the tribal authorities he is entitled to have the same listed 
to him at 50 per cent of the appraised value, while noncitizens under 
similar conditions are required to pay the full appraised value. In 
all of the small towns in this nation, however, having a population 
of less than 200, the lot claimants, whether citizens or noncitizens, 
must pay the full appraised value. All lots listed as vacant are 
subject to sale at public auction. The payments on town lots in 
this nation scheduled to claimants are made in the same manner as 
in the Creek Nation, except where any payment is not made when 
due it shall bear interest at the rate of 6 per cent per annum until 
paid. Twenty-five per cent of the purchase price where lots are 
sold at public auction must be paid at the time of sale, 25 per cent 
within four months thereafter, and the balance in two equal annual 
installments. There is also no provision of law to declare any lots 
defaulted where proper payments are not made in this nation. 


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