indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+
ph: 202 630 8439
Native American Bank - Native people investing in Native communities
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:

Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Choctaw Nation Trial:
Trial on Choctaw Nation fraud winds down with final testimony (11/20)
Leader of Choctaw Nation faces tough questions in fraud trial (11/20)
Former leader of Choctaw Nation testifies in criminal trial (11/20)
Anticipation builds for testimony of Choctaw Nation leaders (11/20)
Trial exposes fraud against Choctaw Nation for casino project (11/20)
Latest News:
Native Sun News: Oglala Sioux woman shot and killed by police (11/20)
Mark Trahant: Lakota honor song wasn't out of place in Senate (11/20)
Dog attack blamed for death of eight-year-old girl at Pine Ridge (11/20)
DOI issues status report on Cobell land consolidation program (11/20)
Greg Grey Cloud explains Lakota honor song after Senate vote (11/20)
Steven Newcomb: Disestablishing the doctrines of domination (11/20)
Sen. Mark Begich: Moving forward for the first people of Alaska (11/20)
Bill Richardson: Indian Country feels effects of climate change (11/20)
Smithsonian: Sand Creek Massacre of 1864 won't be forgotten (11/20)
Flandreau Santee Sioux Tribe sues South Dakota over sales tax (11/20)
Morongo Band distributes 10K turkeys for Thanksgiving meals (11/20)
GAO report looks at tribal implementation of Adam Walsh Act (11/20)
FBI opens background check database to tribal law agencies (11/20)
Survey shows most Americans wouldn't use R-word in person (11/20)
USDA Blog: Youth from Angoon Tribe carry on their traditions (11/20)
Editorial: County and critics must stop fighting Chumash Tribe (11/20)
Editorial: Oklahoma Indian museum benefits the entire state (11/20)
Muscogee Nation finally starts work on $365M gaming project (11/20)
Two tribes making push for off-reservation casino in California (11/20)
Mashantucket Tribe hires new executive for gaming operation (11/20)
Opinion: Catawba Nation makes a sneak attack with casino bid (11/20)
Opinion: Poarch Creek gaming deal won't help state's economy (11/20)
Native Sun News: Northern Cheyenne activists push for change (11/19)
Mark Trahant: Historic election in Alaska with Native candidate (11/19)
Audio: Senate Indian Affairs Committee hearing on child trauma (11/19)
Republicans hold up action on Alaska tribal jurisdiction measure (11/19)
DOI official to give update on Cobell land consolidation program (11/19)
Center for Native American Youth hosts panel discussion in DC (11/19)
Sen. Heitkamp to host panel on child trauma in Indian Country (11/19)
Gyasi Ross: Police shootings aren't just a 'people of color' issue (11/19)
Steven Newcomb: Focusing on liberation and self-determination (11/19)
Crow Creek Sioux man arrested as Senate rejects Keystone bill (11/19)
Leader of Tunica-Biloxi Tribe hit with prescription drug charges (11/19)
Performance sheds light on 'purchase' of Lenape island in 1626 (11/19)
Alaska Supreme Court hears dispute over tribal court authority (11/19)
Editorial: Put end to 'futile' taxation dispute with Chehalis Tribe (11/19)
Confederated Salish and Kootenai Tribes announce $27M casino (11/19)
Oneida Nation announces $100M retail development for casino (11/19)
Mohegan Tribe passed over for second casino in Pennsylvania (11/19)
Native Sun News: Winona LaDuke addresses energy addiction (11/18)
Jeffrey Whalen: Crime and corruption within Oglala Sioux Tribe (11/18)
Doug George-Kanentiio: NAMMYs promote Native musical talent (11/18)
Witness list for SCIA hearing on child trauma in Indian Country (11/18)
Joanne Shenandoah: Protect our Native children from violence (11/18)
Eric Holder: Responding to sexual violence in Indian Country (11/18)
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.