Nation waived right to immunity against foreclosure
WASHINGTON, DC (AP) -- Updated 12:30 pm Tuesday:
The back and forth continues today between the Oneida Indian Nation and leaders of Madison County regarding the Supreme Court dismissing the case related to immunity from foreclosure for Native-American lands.
In response to Madison County's position on the ruling Mark Emergy, director of Media Relations for the Oneida Nation said, "It is no wonder Madison County is in such bad shape -- they don't know even when they've won or lst. Perhaps Madison County should start telling the truth to its residents -- it strenuously argued in two separate filings against precisely this outcome, and now it is claiming to have wanted it all along, probably in an effort to justify the considerable legal fees it has wasted in these foreclosure cases. The people of Madison County deserve better leadership than that."
A series of letters addressed to Supreme Court Justice William Suter the attorneys for the Oneida Nation and Madison and Oneida Counties details the developments in late November and early December which led the court to dismiss the case and remand some of the issues to the lower court.
Attorney Seth Waxman for the Oneida Nation tells the court the Nation has decided to waive its right to immunity against foreclosure proceedings. David Schraver, the attorney for the counties, accuses the Nation of "attempting to manipulate the Court's jurisdiction to insulate a favorable decision from review." In other words, the counties claimed the Nation was trying to avoid having the Supreme Court rule against it on this issue or other larger issues at stake related to sovereignty and taxation.
Updated at 4:25pm:
Madison County has released a statement on the Oneida Indian Nation court court case.
Madison County Chairman of the Board of Supervisors, John Becker, stated: "This is a significant victory for Madison County and the county team whose diligent efforts are overcoming the continued Oneida Nation refusal to pay its fair share to support the infrastructure and services that help bring customers to their door."
Acting Administrator Mark Scimone stated: "It is our hope that the Court of Appeals will now decide the matter with finality and set the stage for payment of these taxes now more than a decade overdue or, if not made, allow the County to go forward and complete tax foreclosures in the same manner as it would for any other person or business in the County."
Posted at 1:41pm:
The U.S. Supreme Court has dismissed a case involving two New York counties that are trying to foreclose on land owned by the Oneida Indian Nation to settle a property tax dispute. The court agreed in October to hear the case. It centers on the issue of whether tribal immunity from lawsuits prevents Madison and Oneida counties from foreclosing on tribal land.
The justices said in an unsigned opinion Monday that the Oneidas have agreed since to waive their immunity. They said that eliminates the high court's role in the case.The court instructed the 2nd U.S. Circuit Court of Appeals to consider other issues raised in the dispute.
The court did send the case to the Second Circuit Court of Appeals to address the bigger issue of whether immunity should be used in cases like this.
The Oneida Nation had made this statement about the ruling: “While the Oneida Indian Nation would prefer to reach resolution through a negotiated settlement, in the absence of that we are pleased with the latest development.” Spokesperson Mark Emery added: "The federal district court hearing the case has ruled that the Counties’ taxes and attempts to foreclose on the Nation’s lands are improper on a number of grounds. Those issues remain to be resolved. We are very pleased that the Supreme Court recognized the Nation’s solemn decision to waive its immunity with respect to tax foreclosures, and we look forward to resolving this long-running dispute with the Counties."
Emery also said, "The Nation’s strong preference is to resolve our differences with the Counties outside of court. The Nation has entered into government-to-government compacts with the Cities of Sherrill and Oneida to govern tax and regulatory issues, and it stands ready, as it has always stood ready, to do the same with the Counties.”
The case involves about 17,000 acres. The federal government has agreed to put most of the land into trust.
Link to the two page decision.
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