Counties eager to argue Oneida Nation case at Supreme Court
Wednesday, October 13, 2010
Two counties in New York are happy the U.S. Supreme Court will hear a foreclosure dispute with the Oneida Nation.
Oneida County and Madison County brought foreclosure proceedings against the tribe for failing to pay property taxes. The 2nd Circuit Court of Appeals ruled against them but they convinced the Supreme Court to hear the case and now they are expecting good news.
“In general, we’re just really pleased,” Madison County Attorney John Campanie told The Oneida Dispatch.
The Supreme Court has ruled in three Oneida Nation land cases in the last 35 years. The last one, Sherrill v. Oneida Nation in 2005, led the tribe to file a land-into-trust application for 17,000 acres in the two counties.
The Bureau of Indian Affairs agreed to acquire about 13,000 acres in trust for the tribe, which would shield the land from property taxes. The foreclosure proceedings, however, were brought before the BIA made its decision, which is the subject of yet another lawsuit.
The 2nd Circuit ruled that the Oneida Nation's sovereign immunity protected it from the foreclosure proceedings. The Supreme Court agreed to consider the issue and to consider whether the Oneida Reservation has been disestablished or diminished.
STORY TAKEN FROM www.indianz.com