United States. Office of Indian Affairs / Annual report of the Commissioner of Indian Affairs, for the year 1905, Part I
Report of the Indian inspector for Indian territory, pp. 705-792 PDF (36.9 MB)
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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