your internet resource on facebook on twitter on Google+ on soundcloud
phone: 202 630 8439
Dynamic Homes
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 -

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:
Native Sun News: Tribal member speaks out against fracking (11/27)
Lakota Country Times: Rosebud mothers address meth issues (11/27)
Tim Giago: Walk a mile in the moccasins of Native Americans (11/27)
Vince Two Eagles: Focus on being thankful this holiday season (11/27)
Native Sun News: Keystone fighters celebrate permit's defeat (11/27)
Kevin Leecy: Tribes remain a vital segment of our community (11/27)
Steven Newcomb: Even media treats our nations as 'nothing' (11/27)
Ray Cook: Thanksgiving flies in the face of original Americans (11/27)
Terese Mailhot: Racism prevails in American popular culture (11/27)
Ilya Somin: Persistent 'myth' justified taking of Indian lands (11/27)
Ak-Chin Indian Community sued for same-sex marriage ban (11/27)
Cahuilla Band celebrates new travel center at gaming facility (11/27)
Opinion: Don't break promise to Mashpee Wampanoag Tribe (11/27)
Native Sun News: Family questions FBI on reservation death (11/25)
Lakota Country Times: Rosebud students earn top scholarship (11/25)
Brandon Ecoffey: Making a difference for people on Pine Ridge (11/25)
Yurok Tribe: Mourning the passing of 'visionary' Troy Fletcher (11/25)
Ned Blackhawk: Supreme Court case jeopardizes tribal rights (11/25)
Steve Russell: The real origins of the world's terrorism crisis (11/25)
Ramona Peters: Sharing a Wampanoag story of Thanksgiving (11/25)
Yatibaey Evans: Let's all teach the truth about Native history (11/25)
Martie Simmons: Every Native parent dreads this time of year (11/25)
Eric Metaxas: The 'miracle' of Squanto and first Thanksgiving (11/25)
Presidential Medal of Freedom presented to late Billy Frank Jr (11/25)
Oneida Nation opens first branch location of tribal-owned bank (11/25)
Virginia tribes continue to pay tribute required by 1677 treaty (11/25)
Chukchansi Tribe reaches new agreement for shuttered casino (11/25)
Poarch Band to welcome visitors to $65M expansion at casino (11/25)
Stillaguamish Tribe debuts eatery and microbrewery at casino (11/25)
Connecticut tribes consider proposals for third gaming facilty (11/25)
Mark Pilarski: Why are games different at some tribal casinos? (11/25)
Tribes seek support for Native language instruction programs (11/24)
Rep. Mullin confirms divisions in Indian Country on Carcieri fix (11/24)
President Obama to award Medal of Freedom to Billy Frank Jr. (11/24)
Sault Tribe pushes for passage of Tribal Labor Sovereignty Act (11/24)
Lakota Country Times: Charles Trimble recognized for writings (11/24)
Native Sun News Editorial: Some new names in Indian Country (11/24)
Jim Kent: South Dakota lands in the news again for corruption (11/24)
John Yellowbird Steele: Bill tries to hijack recognition process (11/24)
Albert Bender: 'The Green Inferno' hits new low in racist films (11/24)
Peter d'Errico: Anti-Indian wars continue in US Supreme Court (11/24)
Anne Keala Kelly: US government wants to steal Hawaii again (11/24)
Counties ask Supreme Court to hear Ute Tribe boundary case (11/24)
Shinnecock Nation considers entering medical marijuana field (11/24)
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.