SENECA FALLS --
1/5/2011 UPDATE -
Cayuga County Attorney Frederick Westphal says Cayuga County is "standing with Seneca County" and will actively pursue foreclosures on properties owned by the Cayuga Nation that are behind on taxes. Yesterday Cayuga Nation attorney Dan French said Cayuga County had agreed to defer any legal action until after the U.S. Supreme Court rules on the foreclosure issue in 6-8 months. On Wednesday Westphal said that was not the case.
1/4/2011
Five properties owned by the Cayuga Indian Nation received notices that Seneca County plans to foreclose and sell the land at auction if taxes aren't paid by middle of January.
Seneca County's attorney says the Cayuga Nation owes more than $5,000 on two large parcels in the town of Varick and three parcels in Seneca Falls dating back to 2008.
"We're bringing action against past due properties, properties with past due taxes. we don't differentiate between one race and another, our job is too collect the taxes fairly and equally," said County Attorney Frank Fisher. "We're not here bringing any action against Indian tribes."
The Cayuga Nation says federal law prohibits the county from foreclosing on their properties and that the foreclosure is a waste of time and money since the U.S. Supreme Court is expected to rule on the foreclosure issue in the next 6-8 months.
"Our suggestion is that the counties wait and see what the Supreme Court rules before we litigate it but it doesn't appear they want to wait," said Cayuga Nation attorney Dan French.
French says the Cayuga's will file a lawsuit in federal court to block the foreclosure process and thinks Seneca County's legal action is politically motivated.
"I think politically these local officials - for political reasons - can't withstand the rabid constituency in the counties that keep pushing for these litigative matters," said French. "We believe the law in this case is clearly on the indians side and we'll go to federal court to stop their actions."
The Seneca County attorney was adamant that the action is not politically motivated. The Cayuga Nation owes taxes on dozens of properties in Seneca County but the county attorney said only the five properties that are three years behind are part of the foreclosure action.
