Oneida Indian land claims barred
MADISON COUNTY -- The United States Court of Appeals for the 2nd Circuit today issued its long awaited decision in the Oneida Land Claims, finding in favor of New York State and its Counties.
The Court affirmed District Court Judge Kahn's 2007 dismissal of the claims against the Counties and reversed Judge Kahn's decision that had opened the door to a potentially massive money damages claim against the State.
As the Court stated "….we conclude that all claims raised by the plaintiffs in this action… are subject to and barred by the defense recognized in Sherrill and Cayuga."
Madison County Chairman of the Board of Supervisors John Becker stated "This is a great day for the citizens of Madison County - - as well as the State of New York as a whole. The dismissal of this land claim - - a claim that has sought title to and possession of the northerly one-half (1/2) of Madison County and the westerly one-third (1/3) of Oneida County - - removes a great cloud from our community. We hope the Oneidas will accept this decision as final and put this matter behind us."
Madison County Attorney S. John Campanie stated: "Madison County has sought for years to resolve these claims as part of a comprehensive resolution of disputes between and among the State, Counties and Tribes, but have been rebuffed time and again. This decision is the direct result of our efforts in defending the many claims brought against us. It is the product of our success before the United States Supreme Court in Sherrill which resulted in the dismissal of the Cayuga land claims - - saving the State of New York from a $250,000,000 judgment - - and now the dismissal of the Oneida land claims, protecting the title to hundreds of thousands of acres in Central New York and avoiding potentially hundreds of millions of dollars in damages. It is a great victory."
Information courtesy of Madison County Board of Supervisors
Comment from Mark Emery, director of media relations, Oneida Nation
"This was a claim for money damages, and the Court decided that money damages are not available to compensate the Oneidas for the illegal taking of their aboriginal lands. It does not affect the status of Nation lands. The Nation continues to pursue federal trust to protect these lands, as indicated by the Supreme Court in the Sherrill case, and this decision does not affect the trust land process. Nor does this decision affect any of the earlier decisions from the federal courts, including the same Court of Appeals, that Oneida reservation remains intact and has not been disestablished, and that the Counties cannot foreclose on Nation lands."
