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FRIDAY, SEPTEMBER 6, 2002

The federal judge overseeing the long-running Oneida land claim accused tribes of using "scare tactics" to delay resolution of a bitter dispute that has fractured inter-tribal relations.

U.S. District Court Judge Lawrence E. Kahn made his remarks in response to a new round of lawsuits filed by the Oneida Nation of Wisconsin. The tribe, citing a shut-out over a $500 million settlement negotiated without its consent, sued 60 private landowners in New York.

In a 17-page ruling issued yesterday, Kahn dismissed the claims and prohibited the tribe from naming homeowners in the future. He also went out of his way to criticize the legal maneuvers used in the case.

"The time has come to put an end to the tactics long employed by the Oneida plaintiffs in these land claim actions that are meant only to scare the local population and delay resolution of the ultimate issues," Kahn wrote.

The decision certainly relieves private property owners who were targeted. But it does little to settle a 30-year battle over 250,000 acres of land the U.S. Supreme Court said were illegally transferred out of tribal control.

The case involves three Oneida plaintiffs: the Oneida Nation of New York, the Oneida Nation of Wisconsin and the Oneida First Nation of Ontario, Canada. All are successors to the historic Oneida tribe.

New York Gov. George Pataki (R), working with Ray Halbritter, the representative of the New York Oneidas, moved to settle the claim earlier this year. But they did so without consulting the Wisconsin and Canada tribes.

As a result, the Wisconsin Oneidas feel closed off. The suits against the homeowners were a reflection of that sentiment and in court papers, the tribe cited the settlement dispute as a reason for keeping the claims alive.

The New York Oneidas, on the other hand, wanted the suits dismissed.

A key point of dispute is land. The Wisconsin Oneidas want assurances that some of their historic territory will be restored.

Halbritter's government continues to negotiate with the state of New York. A court appointed mediator, however, reported a snag last month and asked Kahn for more time to turn in a report.

Kahn is a recent addition to the case. He took over for U.S. District Judge Neal P. McCurn, who had been handling the dispute from the start. McCurn, 75, had been equally critical of the legal tactics.

Get the Ruling:
Oneida Tribe v. AGB Properties (9/5)

Relevant Links:
Oneida Nation of Wisconsin - http://www.oneidanation.org
Oneida Nation of New York - http://www.oneida-nation.net

Related Stories:
N.Y. land claim talks called 'fiasco' (8/12)
Oneida Nation claim could be limited (7/2)
Judge issues ruling on Oneida claim (4/3)
Oneida land deal faces major doubts (2/21)
Oneida land deal being rejected (2/20)
Wisconsin Oneida blast agreement (2/19)