The Chronic Uncertainty of American Indian Property Rights

36 Pages Posted: 1 Feb 2021

See all articles by Eric Alston

Eric Alston

Finance Division, University of Colorado Boulder

Adam Crepelle

Southern University Law Center

Wilson Law

Baylor University

Ilia Murtazashvili

University of Pittsburgh - Graduate School of Public and International Affairs

Date Written: November 20, 2020

Abstract

Property institutions should ideally provide economic actors with certainty that their local choices about investment will not be unsettled by shifting political economic equilibria. We argue that for this to occur, political autonomy, administrative and enforcement capacity, political constraints, and accessible legal institutions are each necessary. A comparison of the evolution of property rights for settlers and American Indians in the United States shows how political and legal forces shape the evolution of property institutions. American Indians, who had property institutions before Europeans arrived, could not defend their land from Europeans and later Americans due to lacking military capacity. Settlers’ property rights were relatively secure because the government had sufficient autonomy and capacity to broadly define and enforce their rights, political institutions constrained the government from expropriating settlers’ property, and legal institutions provided a forum for settlers to adjudicate and defend their rights in court. Native Americans, in contrast, had systematically inconsistent and often expropriative policy treatment by the government. Though tribes have technically been sovereign since the 1970s, tribal governments continue to lack sufficient political and legal autonomy and capacity to define and enforce property institutions in response to evolving local conditions.

Keywords: property rights, American Indians, privatization, institutions, governance, economic uncertainty, economic history, regulatory uncertainty, property institutions, American history, Native American, Native American history

JEL Classification: B52, N40, P14, O51, P16

Suggested Citation

Alston, Eric and Crepelle, Adam and Law, Wilson and Murtazashvili, Ilia, The Chronic Uncertainty of American Indian Property Rights (November 20, 2020). Available at SSRN: https://ssrn.com/abstract=3735476

Eric Alston (Contact Author)

Finance Division, University of Colorado Boulder ( email )

Campus Box 419
Boulder, CO 80309
United States

Adam Crepelle

Southern University Law Center

P.O. Box 9294
Baton Rouge, LA 70813
United States

Wilson Law

Baylor University

Ilia Murtazashvili

University of Pittsburgh - Graduate School of Public and International Affairs ( email )

Pittsburgh, PA 15260-0001
United States

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