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
Kill The Tobacco Master Settlement Agreement
Advertise on Indianz.Com
Home > News > Headlines
Print   Subscribe
2nd Circuit protects Cayuga Nation from foreclosure proceeding

Filed Under: Law | National | Trust
More on: 2nd circuit, bay mills, cayuga, immunity, new york, oneida, supreme court, taxation
     


Members of the Cayuga Nation at a community gathering in June 2010. Photo from Ithaca College

A county in New York can't foreclose on properties owned by the Cayuga Nation due to the tribe's sovereign immunity, the 2nd Circuit Court of Appeals ruled today.

Seneca County started foreclosure proceedings after the tribe failed to pay property taxes on non-trust lands. The 2nd Circuit easily put an end to the dispute by relying on the recent U.S. Supreme Court decision in Michigan v. Bay Mills Indian Community.

In a seven-page order today, the 2nd Circuit noted "the Supreme Court has since issued further guidance regarding both the continuing vitality of the doctrine of tribal sovereign immunity from suit and the propriety of drawing distinctions that might constrain the broad sweep of that immunity in the absence of express action by Congress."

"Therefore we decline, as has the Supreme Court, to read a 'commercial activity' exception into the doctrine of tribal sovereign immunity from suit," the order continued.

The 2nd Circuit had arrived at a similar conclusion in a foreclosure dispute affecting the Oneida Nation. That case almost went to the Supreme Court but the tribe reached a settlement that resulted in the dismissal of the petition in March.

Turtle Talk has posted documents from the Cayuga Nation case, Cayuga Nation v. Seneca County.

2nd Circuit Court of Appeals Decision:
Cayuga Nation v. Seneca County (July 31, 2014)

Related Stories:
2nd Circuit holds hearing in Cayuga Nation foreclosure case (01/08)
Opinion: Reject Cayuga Nation's land-into-trust application (1/6)
2nd Circuit schedules hearing in Cayuga Nation foreclosure (06/27)
Bill requires state to pay Cayuga Nation property tax bill (5/16)
Cayuga Nation wins decision on foreclosure of non-trust land (8/22)


Copyright © 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:
House approves national water bill without #NoDAPL amendment (9/28)
County sheriff announces additional arrests of #NoDAPL resisters (9/28)
Mary Annette Pember: Sheriff is looking into reports of 'gunshots' (9/28)
Ute Tribe mounts battle against 'modern day Indian land grab' bill (9/28)
Field hearing scheduled on energy development in Indian Country (9/28)
Native American Financial Services Association hires new director (9/28)
Lakota Country Times: Thank you ceremony honors Black Elk Peak (9/28)
Native Sun News Today: Northern Cheyenne Tribe election season (9/28)
James Giago Davies: Oceti Sakowin assert sovereignty once again (9/28)
Mark Fogarty: Young Native journalists cover historic movement (9/28)
Peter d'Errico: Briefcase warriors must defend original nations (9/28)
Seminole Tribe removes James Billie from chairman's position (9/28)
Mashpee Wampanoag Tribe granted role in casino land dispute (9/28)
Wilton Rancheria makes significant progress on casino project (9/28)
Mohawk Council of Kahnawake takes action on online gaming (9/28)
Obama hosts his final White House Tribal Nations Conference (9/27)
Judge urges tribal coordination on complaint in #NoDAPL case (9/27)
More tribes settle trust fund lawsuits as Obama era nears end (9/27)
Memorandum of understanding for treaty rights in the works (9/27)
White House: Indigenous voices in the Obama administration (9/27)
President Obama praises Comanche Nation woman in speech (9/27)
Lakota Country Times: Clinic for Native veterans shut down (9/27)
Native Sun News Today: Statue brings community together (9/27)
Delphine Red Shirt: Start the healing process for our people (9/27)
Editorial: Newspapers shouldn't be beholden to government (9/27)
Albert Bender: Spill confirms fears on Dakota Access Pipeline (9/27)
Sierra Club: More review needed for Dakota Access Pipeline (9/27)
Yocha Dehe Wintun Nation releases casino expansion study (9/27)
Remarks by Obama at White House Tribal Nations Conference (9/26)
President Obama signs bill to promote Native tourism into law (9/26)
Lakota Country Times: #NoDAPL lands before United Nations (9/26)
Native Sun News Today: Rosebud Sioux group celebrates win (9/26)
Clara Caufield: Look around because Indians are everywhere (9/26)
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.