Vanderbilt Law Review Volume 54 Issue 4 Issue 4 - May 2001 Article 2 5-2001 Retelling Allotment: Indian Property Rights and the Myth of Common Ownership Kenneth H. Bobroff Follow this and additional works at: https://scholarship.law.vanderbilt.edu/vlr Part of the Property Law and Real Estate Commons Recommended Citation Kenneth H. Bobroff, Retelling Allotment: Indian Property Rights and the Myth of Common Ownership, 54 Vanderbilt Law Review 1557 (2001) Available at: https://scholarship.law.vanderbilt.edu/vlr/vol54/iss4/2 This Article is brought to you for free and open access by Scholarship@Vanderbilt Law. It has been accepted for inclusion in Vanderbilt Law Review by an authorized editor of Scholarship@Vanderbilt Law. For more information, please contact
[email protected]. Retelling Allotment: Indian Property Rights and the Myth of Common Ownership Kenneth H. Bobroff 54 Vand. L. Rev. 1559 (2001) The division of Native American reservations into indi- vidually owned parcels was an unquestionable disaster. Authorized by the General Allotment Act of 1887, allotment cost Indians two-thirds of their land and left much of the re- mainder effectively useless as it passed to successive genera- tions of owners. The conventional understanding, shared by scholars, judges, policymakers, and activists alike, has been that allotment failed because it imposed individual ownership on people who had never known private property. Before al- lotment, so this story goes, Indians had always owned their land in common. Because Indians had no conception of pri- vate property, they were unable to adjust to the culture of pri- vate land rights and were easy targets for non-Indians anxious to acquire their land.