your internet resource on facebook on twitter on Google+ 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

printer friendly version
Judge affirms Cayuga Nation's sovereign rights
Monday, April 26, 2004

A federal judge on Friday upheld the sovereign rights of the Cayuga Nation of New York, paving the way for the tribe to open a gaming facility on ancestral territory.

In a closely watched decision, U.S. District Judge David Hurd said the state lacks jurisdiction over the tribe's recent purchase of a property within its former reservation. The land, illegally taken by the state over the past 200 years ago, is Indian Country, free from all zoning, taxation and other local restrictions, he ruled.

"Since Congress has not divested the Cayugas of their title to the land claim area, it stands to reason that the reservation status of that land remains in place to this day," Hurd wrote in the 41-page decision. A two-page order further prohibited local officials to from "applying or enforcing" any laws on the tribe.

The ruling allows the tribe to make renovations to an old auto parts store located in the village of Union Springs. The tribe plans to convert the store into a Class II gaming facility, which does not require state consent.

The ruling also means the tribe can purchase land within its former 64,000-acre former reservation and not worry about state interference. The purchase of the old store is the first time the tribe has held title to any parcel in more than 100 years.

Union Springs officials oppose the tribe's plans and an appeal is likely. The village claimed the reservation had been disestablished by a subsequent treaty but Hurd rejected the argument.

In the decision, Hurd cited a related case involving the Oneida Nation of New York, which has a 250,000-acre land claim. The 2nd Circuit Court of Appeals, in a 2-1 decision last July, held that the tribe's reservation still exists and forbade the city of Sherrill from imposing property taxes on the tribe's recent land acquisitions.

The city has appealed the ruling to the U.S. Supreme Court. In February, the justices were set to announce whether they would accept the case but instead asked the Bush administration for its views. A brief from Solicitor General Ted Olson hasn't been filed.

The Sherrill precedent plays a critical role in another tribe's case involving ancestral territory. The Seneca-Cayuga Tribe, based in Oklahoma, purchased 229 acres of the former Cayuga reservation and plans to open a Class II facility there. Plans have been halted pending court resolution.

The Cayuga Nation and the Seneca-Cayuga Tribe are parties to the land claim. A federal judge awarded the tribes $247.9 million, in fair market rent value plus interest, for their losses stemming from the 1794 Treaty of Canandaiuga.

The 2nd Circuit earlier this month heard an appeal of the claim. The tribes say they should be awarded $1.7 billion and title to the land. The state of New York argues the claim is outright invalid.

The Cayuga Nation doesn't support the Seneca-Cayuga Tribe's return to New York. The Cayugas claim their relatives gave up any rights once they left the state under the 1838 Treaty of Buffalo Creek.

This dispute was not before Hurd but he wrote that the treaty doesn't mandate removal to the west even though some Cayuga ancestors settled in Kansas before ending up in Oklahoma. Unlike other treaties, "the language regarding the Cayugas evidences no promise to remove at all," he wrote.

"Therefore, there is no substantial or compelling evidence in the text of the Buffalo Creek Treaty of congressional intent to terminate the Cayugas' reservation," he added.

The National Indian Gaming Commission, which regulates the $15 billion tribal casino industry, had given approval to the Cayuga Nation for Class II gaming. But it was put on hold because the tribe's ordinance was not site specific. With the court ruling in hand, NIGC's final approval of the Union Springs facility is almost certain.

Get the Decision in Cayuga Indian Nation v. Village of Union Springs:
Decision | Order (April 23, 2004)

Related Decision in Oneida Indian Nation v. City of Sherrill:
Majority Opinion | Van Graafeiland Dissent

Related Stories:
Cayuga Nation's plans for land worry some in village (04/07)
Report: Seneca-Cayuga Tribe has bigger plans in store (04/06)
Tribes ask court for $1.7B and title to lost land (04/01)
Federal appeals court to hear Cayuga land claim (3/31)
NIGC accused of 'ducking' casino land issue in N.Y. (03/23)
Seneca-Cayuga Tribe seeks deal to end land claim (03/19)
Judge in N.Y. hears Seneca-Cayuga land dispute (03/12)
Seneca-Cayuga Tribe could fund arts center in N.Y. (2/26)
Arguments set for appeal of Cayuga land claim (2/25)
Seneca-Cayuga Tribe makes offer to Pataki (11/19)
Court orders Cayuga Nation to stop renovations (10/23)
Cayuga Nation proposes land claim, tax settlement (10/21)
Cayuga Nation buys another gas station (10/06)
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 2000-2004 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:
Lakota Country Times: Oglala Sioux Tribe reacts to shootings (10/26)
Native Sun News Today: Pine Ridge football team impresses (10/26)
Brandon Ecoffey: Strong fixes needed for reservation crime (10/26)
Raúl Grijalva: Republicans still won't listen to Indian Country (10/26)
Steve Russell: The magic of Donald Trump's 'plan' for America (10/26)
Dakota Access ramps up spending on lobbying and politicians (10/25)
Cheyenne River Sioux Tribe presses Obama on Dakota Access (10/25)
Indian National Finals Rodeo gears up for big crowds in Vegas (10/25)
Mark Trahant: Native candidates benefit from Clinton landslide (10/25)
Lakota Country Times: Shooting pushes Pine Ridge into action (10/25)
Native Sun News Today: Sisters want police help for stolen car (10/25)
Delphine Red Shirt: Teach the language like our elders wanted (10/25)
Jeffrey Whalen: Oglala Sioux Tribe keeps making bad decisions (10/25)
Cronkite News: Fighting the opioid epidemic in Indian Country (10/25)
Harlan McKosato: Just what are Indians supposed to look like? (10/25)
ICT series continues with George W. Bush's sovereignty gaffe (10/25)
United South and Eastern Tribes open sovereignty conference (10/25)
Navajo Nation in discussions to cultivate hemp on reservation (10/25)
Eastern Cherokees looking to build data center on reservation (10/25)
Cherokee Nation schedules job fairs for newest gaming facility (10/25)
California Nations Indian Gaming Association chooses director (10/25)
Alabama-Coushatta Tribe faces legal fight over modest casino (10/25)
Donald Trump embraces big energy projects like Dakota Access (10/24)
Cheyenne River Sioux Tribe can pursue own #NoDAPL complaint (10/24)
Democracy Now: New resistance in fight against Dakota Access (10/24)
Tim Giago: No one feels honored by racist & offensive mascots (10/24)
Mark Trahant: North Dakota takes #NoDAPL battle to extremes (10/24)
Cedric Sunray: Cherokee Nation tries to 'Trump' Indian arts law (10/24)
Native Sun News Today: Republican won't agree to tribal forum (10/24)
Lakota Country Times: Oglala Sioux Tribe opens nursing home (10/24)
Clara Caufield: Tribute to outgoing Northern Cheyenne leader (10/24)
Mary Annette Pember: North Dakota on #NoDAPL crackdown (10/24)
Terese Marie Mailhot: Native women deserve to be respected (10/24)
Steven Newcomb: Getting to the origins of federal Indian law (10/24)
Peter d'Errico: Seminole Tribe embraces limits on sovereignty (10/24)
Pregnant woman on Muckleshoot Reservation killed by police (10/24)
Federal authorities investigate shooting deaths at Pine Ridge (10/24)
Bus returning from Torres-Martinez Band casino in fatal crash (10/24)
Jamul Indian Village refinances $460M in casino related debt (10/24)
Firm cites 2009 National Indian Gaming Commission opinion (10/24)
Navajo Nation President Russell Begaye backs Hillary Clinton (10/21)
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.