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
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:
Mark Trahant: Bernie Sanders is right about Indian Health Service (7/1)
Native Sun News: Oglala Sioux Tribe celebrates historic victories (7/1)
Brandon Ecoffey: Attorney general is no friend to Indian Country (7/1)
Ivan Star Comes Out: Education system continues to oppress us (7/1)
DVIDS: Grand Ronde Tribes host local disaster training exercise (7/1)
Rachael Lorenzo: Food policies must include indigenous women (7/1)
Santa Ana Pueblo acquires large ranch that was listed for $33M (7/1)
Quapaw Tribe welcomes family home for 144th annual powwow (7/1)
White Mountain Apache Tribe recognizes student achievement (7/1)
Another guilty plea in Chippewa Cree Tribe corruption scandal (7/1)
Lumbee Tribe settles suit over unauthorized use of trademarks (7/1)
Musician brings Native language to stage in Canada Day concert (7/1)
Very few Native Americans working for technology giant Google (7/1)
Editorial: Keep guns out of hands of domestic violence offenders (7/1)
Tigua Tribe implements border controls after losing gaming case (7/1)
Supreme Court takes a pass on tribal labor sovereignty dispute (7/1)
Chasing the Dream: The impact of tribal gaming in North Dakota (7/1)
Grand Traverse Band casino employees credited with saving life (7/1)
National Park Service finalizes rule for tribal gathering of plants (6/30)
Five tribes donate over $500K to Democratic party's convention (6/30)
Bureau of Indian Affairs still hoping to reach land-into-trust goal (6/30)
Port Gamble S'Klallam Tribe secures proclamation for 410 acres (6/30)
Seminole Tribe takes a big step forward with land-into-trust bid (6/30)
Tohono O'odham Nation signs health self-governance compact (6/30)
Native Sun News: Lakota and Cheyenne people join forces again (6/30)
Lakota Country Times: Paper continues to reach large audience (6/30)
Cronkite News: Senate committee takes on tribal water issues (6/30)
Dave Archambault: A day for all of Indian Country to remember (6/30)
Vi Waln: Don't let politics get in way of our children's education (6/30)
Leonard Peltier: My last best hope for freedom lies with Obama (6/30)
Shinnecock Nation weighs options to reclaim ancestral territory (6/30)
White Mountain Apache Tribe welcomes 'significant' discovery (6/30)
Confederated Salish and Kootenai Tribes press for water pact (6/30)
Mille Lacs Band slams county for ending law enforcement deal (6/30)
County might end Grand Traverse Band land-into-trust appeal (6/30)
Tlingit and Haida Tribes acquire government contracting firm (6/30)
Donald Trump approved Indian gaming attack ads in New York (6/30)
Judge focuses on Mashpee Wampanoag Tribe casino decision (6/30)
Eastern Cherokee youth push for change in gaming per capita (6/30)
Buena Vista Rancheria signs updated Class III casino compact (6/30)
Connecticut tribes still working on plan for potential new casino (6/30)
Effort builds for missing and murdered Native women and girls (6/29)
Native talent among diverse group asked to join film academy (6/29)
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.