aboriginal title in series of key decisions. Marshall envisioned a usufruct, whose content was limited only by "their own discretion", inalienable except to the federal government, and extinguishable only by the federal government. Early state court decisions also presumed the existence of some form of aboriginal title. Later cases established that aboriginal title could be terminated only by the "clear and plain intention" of the federal government, a test that has been adopted by most other jurisdictions. The federal government was found to owe a fiduciary duty to the holders of aboriginal title, but such duty did not become enforceable until the late-20th century. Although the property right itself is not created by statute, sovereign immunity barred the enforcement of aboriginal title until the passage of the Indian Claims Commission Act of 1946, which created the Indian Claims Commission (succeeded by the United States Court of Claims in 1978, and later the United States Court of Federal Claims in 1982). These bodies have no authority to title land, only to pay compensation. United States v. Alcea Band of Tillamooks (1946) was the first ever judicial compensation for a taking of Indian lands unrecognized by a specific treaty obligation. Tee-Hit-Ton Indians v. United States (1955) established that the extinguishment of aboriginal title was not a "taking" within the meaning of the Fifth Amendment. On the strength of this precedent, claimants in the Court of Federal Claims have been denied interest—which otherwise would be payable under Fifth Amendment jurisprudence—totalling billions of dollars ($9 billion alone, as estimated by a footnote in Tee-Hit-Ton, in interest for claims then pending based on existing jurisdictional statutes). Unlike Australia, Canada, and New Zealand, the United States allows aboriginal title to be created post-sovereignty; rather than existing since pre-sovereignty, aboriginal title need only have existed for a "long time" (as little as 30 years) to be compensable. Jurisdiction rejecting the doctrine There is no possibility for aboriginal title litigation in some Commonwealth jurisdictions; for instance, Barbados and the Pitcairn Islands were uninhabited for hundreds of years prior to colonization, although they had previously been inhabited by the Arawak and Carib, and Polynesian peoples, respectively. India Unlike most jurisdictions, the doctrine that aboriginal title is inalienable never took hold in India. Sales of land from indigenous persons to both British subjects and aliens were widely upheld. The Pratt–Yorke opinion (1757), a joint opinion of England's Attorney-General and Solicitor-General,