Property isn't theft... it's robbery.
"It's a radical decision which substantially changes the law in this area of Indian land claims and would effectively end all Indian land claims based upon historic takings of lands. It's a substantial departure and we think it's inconsistent with the (U.S.) Supreme Court's dictates," said Martin Gold, a lawyer for the Cayuga Indians of New York.
Appeals court reverses Indian land claim ruling Tue Jun 28, 2005 06:34 PM ET http://www.reuters.com/newsArticle.jhtml?type=topNews&storyID=8920177&src=eDialog/GetContent
By Linda Prospero NEW YORK (Reuters) - New York State will not have to pay $248 million in land claims to the Cayuga Indian Nation of New York and the Seneca-Cayuga Tribe of Oklahoma, a U.S. Appeals Court said on Tuesday, reversing an earlier decision by a federal district court.
Tuesday's decision by the U.S. Court of Appeals for the Second Circuit dismissed the lower court's ruling by a 2-1 decision and could have broad implications for unsettled claims by other Indian tribes.
Still pending are challenges by Indian nations including the Mohawks, the Oneidas, the Onandagas and the Shinnecocks, some of whom are seeking the land and tax-exempt status as a precursor to operating lucrative casinos.
At stake was an approximately 25-year-old claim involving 64,015 acres of land in central New York State that the Cayugas of New York and the Seneca-Cayuga Indians of Oklahoma argued was taken from them over 200 years ago.
"It's a radical decision which substantially changes the law in this area of Indian land claims and would effectively end all Indian land claims based upon historic takings of lands. It's a substantial departure and we think it's inconsistent with the (U.S.) Supreme Court's dictates," said Martin Gold, a lawyer for the Cayuga Indians of New York.
In Tuesday's decision favoring the state, the court cited a ruling this year by the U.S. Supreme Court in a case involving the town of Sherrill in New York State and the Oneida Indians. In that case, the court said that the Oneidas could not take back sovereignty on lands due to a statute of limitations.
"This long lapse of time, during which the Oneidas did not seek to revive their sovereign control through equitable relief in court, and the attendant dramatic changes in the character of the properties, preclude (the tribe) from gaining the disruptive remedy it now seeks," the ruling said.
In Tuesday's ruling, the court said that the case had parallels to the Oneida claim. "What concerned the court is the disruptive nature of the claim," the ruling said.
The lower court's ruling awarding $247 million to the two tribes was made before the U.S. Supreme Court decision, a point that was cited in Tuesday's ruling.
Gold said that the Indians could ask the Court of Appeals to hear the case "en banc," a procedure sometimes used in exceptionally important cases where all 13 judges of the court review the findings of the three judges who ruled on the case. However, no decision has been made yet on whether to ask for the procedure, he said.
"This has been a long war. The case started in 1980 and this is one battle in the war. The war is by no means over," Gold said.
Tuesday's ruling was precedent-setting, particularly in light of other Indian tribes that have unsettled land claims in New York, said Christine Pritchard, a spokeswoman for the office of New York State's Attorney General.
"For years, we've been fighting to protect the interests of homeowners and businesses in Cayuga and Seneca counties, and we're pleased that the Court has ruled in our favor," Gov. George Pataki said in a news release.
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