FROM THE ARCHIVE
Towns want 'sloppy' legislation fixed
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SEPTEMBER 27, 2000

In response to a lawsuit which they lost, the leaders of the Connecticut towns of Ledyard, North Stonington, and Preston said they want their Congressman to fix what they call a "sloppy" piece of legislation.

The leaders say Representative Sam Gejdenson did a bad job in protecting state interests when he introduced the 1983 Mashantucket Pequot Settlement Act. They say he should have envisioned that the tribe could potentially purchase more land and enlarge their reservation.

At the time, however, the tribe was poor. Attempts to start businesses on reservation land failed miserably and only until the tribe expanded its gaming to include Class III facilities did they see financial growth.

The Second Circuit Court of Appeals this week ruled that the 1983 law does not prohibit the Secretary of Interior from taking land into trust for the tribe even if it lies outside the boundaries described by the act.

The only limitation applies to land purchased outside the boundaries using a $900,000 settlement fund. According to author Jeff Benedict, one of then-Chairman Skip Hayward's first purchases with the money was a pizza parlor in a local town.

Should the tribe have attempted to bring it into trust, the act would have prevented it.

Get the Ruling:
Connecticut v. Babbitt (Second Circuit Court of Appeals. No. 99-6042. September 2000)

Get the Story:
Town Leaders Say Gejdenson Should Clean Up The 'Mess' (The New London Day 9/27)

Related Stories:
Does a Pequot empire await? (Tribal Law 9/27)
Court rules against anti-Pequot towns (Tribal Law 9/26)
Towns optimistic about Pequot suit (Tribal Law 06/15)

Relevant Links:
The Second Circuit Court of Appeals - www.law.pace.edu/lawlib/legal/us-legal/judiciary/second-circuit.html