Advertise:   ads@blueearthmarketing.com   712.224.5420

Law
Judge rules Oneida Nation land can't be foreclosed


Land owned by a sovereign government can't be taken away by another government, a federal judge ruled on Wednesday.

In a 22-page decision, U.S. District Judge David Hurd said officials in Madison County, New York, can't foreclose on land owned by the Oneida Nation. "The seizing of land owned by a sovereign nation strikes directly at the very heart of that nation�s sovereignty," he wrote [PDF].

The decision is a major win for the Oneida Nation. The tribe has suffered a string of setbacks ever since the U.S. Supreme Court in March ruled that the tribe must go through the land-into-trust process before claiming sovereignty on its ancestral territory.

The move prompted local officials to issue property tax bills to the tribe and start foreclosure and title proceedings. The tribe has since proposed agreements to pay the bills but remained firm that its land couldn't be taken away.

Hurd agreed that the tribe must pay property taxes but said the tribe has preserved its immunity from lawsuits to collect such taxes.

Get the Story:
Legal twist boosts Oneidas (The Syracuse Post-Standard 10/28)
Ruling for Oneidas draws criticism (The Syracuse Post-Standard 10/28)
Judge: Can't foreclose Oneidas (The Auburn Citizen 10/28)

Relevant Links:
Oneida Nation, New York - http://www.oneida-nation.net

Oneida Nation Decision:
Syllabus | Opinion [Ginsburg] | Concurrence [Souter] | Dissent [Stevens]

Cayuga Decision:
Cayuga Nation v. New York (June 28, 2005)

Related Stories:
BIA extends comment period on Oneida trust lands (10/26)
Oneida Nation offers to pay back taxes to city (10/20)
Pombo to draft New York land claims settlement (10/11)
Oneida Nation agrees to taxes, local jurisdiction (10/6)
Judge extends Sherrill decision to Cayuga Nation (10/6)
Oneida Nation drops OSHA sovereignty challenge (9/29)
City seeks title to Oneida Nation properties (9/28)
BIA seeks comments on Oneida Nation trust lands (9/27)
Oneida Nation land claim mediator calls it quits (09/09)
Oneida Nation says county can't foreclose on land (9/8)
Son of land claim judge wins at Oneida Nation (08/23)
Oneida Nation files lawsuits to challenge taxes (8/17)
Oneida Nation offers to settle land claim for $250M (8/12)
Oneida Nation to make school tax payments (8/10)
Oneida Nation makes payment in property tax dispute (8/9)
Seneca-Cayuga Tribe to pay tax bill in New York (08/05)
Oneida Nation gets respite in property tax fight (07/06)
Oneida Nation in talks with Pataki over land claim (6/23)
Editorial: Now's the time to settle tribal land claims (7/5)
Cayuga tribes to challenge land claim decision (7/5)
Pataki scales back Catskills casino legislation (6/10)
BIA says Oneida Nation lands are in restricted status (6/3)
Oneida Nation to detail spending in tax fight (5/25)
Supreme Court won't rehear Oneida Nation case (5/24)
Oneida Nation open to land claim talks with Pataki (5/18)
Pataki presses Oneida Nation to settle land claim (5/16)
Column: Tribes just can't come and take 'our' land (5/11)
Pataki: No tribal trust lands without state approval (4/28)
New York Senate votes against trust land for tribes (4/20)
Pataki, county blast Oneida Nation's trust land bid (4/14)
Oneida Nation seeks trust land in wake of ruling (4/14)
Supreme Court decision derails Pataki settlements (4/11)
Seneca-Cayuga Tribe to pay taxes on acquired land (4/8)
Supreme Court called less sympathetic to Indians (4/7)
Fallout from Supreme Court ruling on Oneida Nation (4/6)
BIA official calls high court ruling 'quite depressing' (03/31)
Major defeat for Oneida Nation in Supreme Court case (3/30)
Pataki, city, foes pleased with Oneida Nation ruling (3/30)
Major defeat for Oneida Nation in Supreme Court case (3/29)
Oneida Nation ruling could impact land claims (01/13)
Passage of time at issue in Oneida Nation case (01/12)
Oneida Nation wants court to uphold promises (1/12)
Supreme Court rejects two Indian law cases (1/12)
Supreme Court to hear Oneida Nation land dispute (1/10)
New York municipalities pony up for court brief (12/14)
Hearing set for Oneida Nation treaty rights case (11/12)
Supreme Court takes action on Indian law cases (11/02)
Tribes file briefs in Oneida Nation land case (10/18)
Supreme Court Roundup: 2003-2004 Term (07/08)
Supreme Court to hear dispute over Oneida Nation land (06/29)
Oneida Nation sees support in Bush administration brief (06/08)
Appeal planned in Cayuga Nation land rights case (04/30)
Cayuga Nation land rights upheld by federal judge (4/26)
Cayuga Nation's plans for land worry some in village (04/07)
Report: Seneca-Cayuga Tribe has bigger plans in store (04/06)
NIGC accused of 'ducking' casino land issue in N.Y. (03/23)
Judge in N.Y. hears Seneca-Cayuga land dispute (03/12)
Supreme Court asks for DOJ brief in Oneida case (02/24)
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)