Lego

In this appeal, Pit River Indians claim aboriginal title to certain land in Shasta County. 1 The claim has been unsuccessfully litigated many times before. Defendants, who call themselves the Legitimate Pit River Indian Tribe (the Tribe), took possession of real property, setting up a trailer, clearing and excavating in some areas, and cutting down three trees. Plaintiff Pacific Gas and Electric Company (P.G.&E.), the record owner of the property, filed a complaint for ejectment, damages, and quiet title. The Tribe answered, claiming aboriginal title. The court sustained P.G.&E. ’s demurrer to this defense, on the ground that the Tribe was collaterally estopped from denying that its aboriginal title had been extinguished. However, the Tribe was allowed to deny P.G.&E.’s title (on grounds other than aboriginal rights), and *181 the suit went to trial. The court found P.G.&E. to be the sole owner of the property in fee; it quieted title against the Tribe and awarded P.G.&E. $448.75 in damages.

The substance of the Tribe’s argument on appeal is that it retains aboriginal title to the land in question: “Appellants do not contend that the federal government does not have the…