indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+ indianz.com on soundcloud
phone: 202 630 8439
The University of Tulsa College of Law - Master's in Indian Law
Advertise on Indianz.Com
Home > News > Headlines

printer friendly version
Oneida Nation gets respite in property tax fight
Wednesday, July 6, 2005

A federal judge put a halt to foreclosure proceedings against the Oneida Nation on Friday, saving the New York tribe from millions of dollars in property tax payments.

U.S. District Judge David Hurd ordered Madison County not to proceed with any action against the tribe pending further rulings. In a seven-page decision, he said there was no need to "rush to judgment in a complex case" that went all the way to the U.S. Supreme Court.

"In order to preserve the ability to a reach a decision in this case, over which jurisdiction exists, it is necessary to enjoin the County from pursuing foreclosure in state court with regard to any Nation-owned property," Hurd wrote.

Hurd imposed an injunction on the county, which claims the tribe owes $3 million in unpaid property taxes. The judge also ordered the tribe to post a bond in that amount in order to preserve the injunction.

The move gives the Oneida Nation more time to argue its position in federal court. Attorneys say the tribe, as a sovereign, can't be taxed by another jurisdiction.

Officials in upstate New York disagree. Citing the Supreme Court's March 29 ruling in the case, they say the tribe is subject to local taxes and laws on 17,000 acres within two counties.

The tribe purchased the land on the open market. But in an 8-1 ruling, the justices said the properties can't be considered Indian Country because the tribe waited too long to assert sovereignty over them.

The court also said the tribe never went through the land-into-trust process for land within the borders of the tribe's 250,000-acre historic reservation, which was stolen by the state in illegal transactions.

The tribe has since submitted applications to the Bureau of Indian Affairs to acquire all of the lands in trust. However, the top two acting officials said the agency wouldn't do so unless the tax issue was resolved.

"In the event these taxes are not paid, we believe such lands are subject to foreclosure," associate deputy Interior secretary Jim Cason said in a June 10 letter to the tribe.

Hurd gave no indication which way he might rule on the taxation issue. But he chastised the county for trying to rush the case through the state court system.

The County also recognizes the 'complexity, scope and significance of this case,'" Hurt wrote. "It states that there is no urgency to the resolution of the case, yet forges ahead to obtain foreclosure in state court at the earliest possible date."

The foreclosure proceedings are just one of several developments that have taken place since the Supreme Court decision. In the most significant, the 2nd Circuit Court of Appeals dismissed the 64,000-acre Cayuga land claim and a $247 million judgment, ruling that the Cayuga Nation of New York and the Seneca-Cayuga Tribe of Oklahoma waited too long to seek justice.

The decision also prompted the state of New York to pull land claim settlements with three out-of-state tribes. Gov. George Pataki (R), however, plans to meet with the Oneida Nation to discuss settling the tribe's claim, which has been pending for over 25 years.

Get the Decision:
Oneida Nation v. Madison County (July 1, 2005)

Bureau of Indian Affairs Documents:
Jim Cason / Mike Olsen (June 10, 2005)

Relevant Links:
Oneida Nation - http://www.oneida-nation.net

Oneida Nation Decision:
Syllabus | Opinion [Ginsburg] | Concurrence [Souter] | Dissent [Stevens]

Related Stories:
Oneida Nation in talks with Pataki over land claim (6/23)
Editorial: Now's the time to settle tribal land claims (7/5)
Cayuga tribes to challenge land claim decision (7/5)
Pataki scales back Catskills casino legislation (6/10)
BIA says Oneida Nation lands are in restricted status (6/3)
Oneida Nation to detail spending in tax fight (5/25)
Supreme Court won't rehear Oneida Nation case (5/24)
Oneida Nation open to land claim talks with Pataki (5/18)
Pataki presses Oneida Nation to settle land claim (5/16)
Column: Tribes just can't come and take 'our' land (5/11)
Pataki: No tribal trust lands without state approval (4/28)
New York Senate votes against trust land for tribes (4/20)
Pataki, county blast Oneida Nation's trust land bid (4/14)
Oneida Nation seeks trust land in wake of ruling (4/14)
Fallout from Supreme Court ruling on Oneida Nation (4/6)
BIA official calls high court ruling 'quite depressing' (03/31)
Major defeat for Oneida Nation in Supreme Court case (3/30)
Pataki, city, foes pleased with Oneida Nation ruling (3/30)
Oneida Nation ruling could impact land claims (01/13)
Passage of time at issue in Oneida Nation case (01/12)
Oneida Nation wants court to uphold promises (1/12)
Supreme Court rejects two Indian law cases (1/12)
Supreme Court to hear Oneida Nation land dispute (1/10)
New York municipalities pony up for court brief (12/14)
Hearing set for Oneida Nation treaty rights case (11/12)
Supreme Court takes action on Indian law cases (11/02)
Tribes file briefs in Oneida Nation land case (10/18)
Supreme Court Roundup: 2003-2004 Term (07/08)
Supreme Court to hear dispute over Oneida Nation land (06/29)
Oneida Nation sees support in Bush administration brief (06/08)
Appeal planned in Cayuga Nation land rights case (04/30)
Cayuga Nation land rights upheld by federal judge (4/26)
Cayuga Nation's plans for land worry some in village (04/07)
Report: Seneca-Cayuga Tribe has bigger plans in store (04/06)
NIGC accused of 'ducking' casino land issue in N.Y. (03/23)
Judge in N.Y. hears Seneca-Cayuga land dispute (03/12)
Supreme Court asks for DOJ brief in Oneida case (02/24)
Bill would terminate out-of-state sovereign rights (09/26)
Appeals expected in Seneca-Cayuga Tribe's land case (09/10)
Judge to decide fate of Seneca-Cayuga Tribe's land (9/9)
Cayuga tribes slowly reclaiming ancestral territory (09/02)
Okla. tribe says court decision bolsters case (07/24)
Cayuga Nation welcomes Indian Country decision (07/23)
Oneida Nation wins treaty lands case (7/22)

Copyright 2000-2005 Indianz.Com
More headlines...
Stay Connected:
On Facebook

On Twitter

On Google+

On SoundCloud
Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
First Lady Michelle Obama shares story of hope with Indian school (5/26)
Remarks by First Lady Michelle Obama at Santa Fe Indian School (5/26)
Gary Davis of NCAIED joins Small Business Administration council (5/26)
Arne Vainio: A mother's gift carried me through many life journeys (5/26)
Native Sun News: Tribes score big in fights against energy projects (5/26)
Lakota Country Times: Education Secretary hears from Pine Ridge (5/26)
Ivan Star Comes Out: Ending Whiteclay beer sales starts at home (5/26)
Vi Waln: Rosebud Sioux youth lead efforts to bring relatives home (5/26)
Gyasi Ross: Drug epidemic sweeping through Native communities (5/26)
Jacqueline Keeler: Shameful and skewed poll on racist NFL name (5/26)
Interview with Melvin Monette about Cobell scholarship program (5/26)
Auction house in France won't stop sale of sacred tribal property (5/26)
United Keetoowah Band installs new leader after impeachment (5/26)
Kewa Pueblo builds new community around historic trading post (5/26)
Eastern Cherokee elder translates 'Charlotte's Web' into Tsalagi (5/26)
Puyallup Tribe works to keep language alive for new generations (5/26)
Iowa Tribe offers free play on poker website ahead of full launch (5/26)
Alabama-Coushatta Tribe offers gaming options closer to home (5/26)
Kaw Nation receives national award for tribal gaming initiatives (5/26)
Indian Health Service reform efforts gaining steam on Capitol Hill (5/25)
Indian Health Service announces more hires at troubled hospital (5/25)
Keepseagle attorneys open application process for $38M in grants (5/25)
Three tribes enter cooperative agreements for buy-back program (5/25)
New leader selected for HUD's Office of Native American Programs (5/25)
Indian relay racers gear up for event hosted by Muckleshoot Tribe (5/25)
Cronkite News: Tribes seek return of property up for sale in France (5/25)
Native Sun News: Anti-suicide effort incorporates tribal traditions (5/25)
Lakota Country Times: Pine Ridge youth showcase film projects (5/25)
Mark Trahant: Native vote victory for Tawna Sanchez in Oregon (5/25)
Brandon Ecoffey: Lakota people come together in times of need (5/25)
Editorial: Tribes must come up with plan for return of Black Hills (5/25)
John McCoy: Disenrollment and blood quantum are not our way (5/25)
Adrian Jawort: Addressing race relations and healing in Montana (5/25)
Fort Peck Tribes oppose new directive on transgender students (5/25)
Leader of United Keetoowah Band ousted through impeachment (5/25)
Agua Caliente Band launches software development company (5/25)
Sen. Barrasso to chair platform committee for GOP convention (5/25)
Cowlitz Tribe welcomes discussions with opponent over casino (5/25)
Little Traverse Bay Bands open doors to Class II gaming facility (5/25)
Tuolumne Band celebrates 15th birthday with casino expansion (5/25)
Former Winnebago Tribe casino employee denies theft charge (5/25)
Proposed rule brings LGBT equality to tribal housing programs (5/24)
Chairman of Quapaw Tribe endorses Democrat Hillary Clinton (5/24)
Appropriations bill blocks new federal recognition regulation (5/24)
Native American Children's Safety Act clears final Hill hurdle (5/24)
9th Circuit won't rehear Tohono O'odham Nation gaming case (5/24)
Lakota Country Times: Army promises return of tribal children (5/24)
Native Sun News: New business sprouts up at Wounded Knee (5/24)
Mark Trahant: Tulalip citizen lands role in Democratic platform (5/24)
Brandon Ecoffey: Pine Ridge unites for search of missing men (5/24)
Men who went missing found dead on Pine Ridge Reservation (5/24)
Billy Mills: Flawed poll can't justify use of team's racist mascot (5/24)
more headlines...

Home | Arts & Entertainment | Business | Canada | Cobell Lawsuit | Education | Environment | Federal Recognition | Federal Register | Forum | Health | Humor | Indian Gaming | Indian Trust | Jack Abramoff Scandal | Jobs & Notices | Law | National | News | Opinion | Politics | Sports | Technology | World

Indianz.Com Terms of Service | Indianz.Com Privacy Policy
About Indianz.Com | Advertise on Indianz.Com

Indianz.Com is a product of Noble Savage Media, LLC and Ho-Chunk, Inc.