Law | Trust

2nd Circuit schedules hearing in Cayuga Nation foreclosure





The 2nd Circuit Court of Appeals will hear the Cayuga Nation foreclosure lawsuit on September 13.

Seneca County wants to foreclose on land owned by the tribe for failing to pay property taxes. The land is not yet in trust but is the subject of a final environmental impact statement that was issued by the Bureau of Indian Affairs in October 2010.

A federal judge ruled that the county could not initiate foreclosure proceedings due to the tribe's sovereign immunity. The decision was in line with prior rulings from the 2nd Circuit in a similar dispute involving the Oneida Nation.

The issue, however, was never entirely resolved because the Oneida Nation waived its immunity while an appeal was pending before the U.S. Supreme Court. The tribe has since reached a settlement with the state of New York that would end the litigation.

The Cayuga Nation oral arguments will take place in New York City. The case is Cayuga Indian Nation v. Seneca County, No. 12-3723

Get the Story:
Appeals court set to hear tribe foreclosure arguments (The Finger Lake Times 6/26)

Related Stories:
Bill requires state to pay Cayuga Nation property tax bill (5/16)
Cayuga Nation wins decision on foreclosure of non-trust land (8/22)