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#1313452 - 12/23/11 11:35 AM Re: Cayuga's Land into Trust App Dismissed [Re: deadphilosopher]
bluezone
Diamond Member


Registered: 12/19/04
Posts: 26674
Loc: USA
Originally Posted By: deadphilosopher
We state that if you want to operate in this area that we want a percentage of the profits.


and when they fail to pay what will you do?
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#1313453 - 12/23/11 11:37 AM Re: Cayuga's Land into Trust App Dismissed [Re: deadphilosopher]
bluezone
Diamond Member


Registered: 12/19/04
Posts: 26674
Loc: USA
Originally Posted By: deadphilosopher
Now I don't know what their profits are but lets say the turn a profit of $1,000,000 fro $1.75 million in sales.


the cayuga tribe profits are over $30 million per year on cigs

(considering you only think they profit $1 million per year shows your lack of understanding of the situtation)


Cayuga Indian Nation land trust dispute
Updated: 06/12/2009 06:04 AM
By: Bill Carey

AUBURN, N.Y. -- The message from a host of Cayuga County officials was a simple one. If the federal Bureau of Indian Affairs agrees to allow the Cayuga Indians to place land into federal trust, tax losses for local schools and governments will be substantial and local businesses competing with Indian enterprises will be hurt.

“This is any business. Towing businesses. This is garages. Anything that can operate tax free on land in trust land can certainly affect the businesses here,” said Cayuga County legislator David Axton.

And the officials say they have numbers to back up their claims. Just last year, Cayuga and Seneca County authorities shut down cigarette sales by two service stations operated by the Cayuga Nation, claiming they were evading tax laws. The county has surveyed other convenience stores in the area and says most have seen increases in cigarette sales of 20 to 40 percent since that shutdown. They estimate they may have been losing millions in tax revenues prior to the action.

Cayuga and Seneca counties were the first to take action to disrupt cigarette sales by an Indian nation. They were hoping the message would be clear in Albany.

Governor Paterson has already signed legislation calling for collection of taxes on Indian cigarette sales and, in Cayuga County, they say a state facing billions in red ink should look at the potential windfall.

Cayuga Indian Nation land trust dispute
The long running dispute over land claims by the Cayuga Indians and the insistence of Cayuga and Seneca counties on their rights to tax revenues is about to heat up again. At issue, the Cayugas move to have the federal government allow 130 acres of land to be put into federal trust, exempting it from local taxes. Our Bill Carey says the campaign to block the move is underway.

“You're talking $30 million from two little convenience stores . You multiply that, times the Smoking Joes, 110 of those, the Sav-Ons in Oneida, the Long Island, all the millions of cigarettes they're selling down there, it's about a billion dollars in taxes a year that the state's missing out on ,” said Cayuga County District Attorney Jon Budelmann.

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#1313454 - 12/23/11 11:41 AM Re: Cayuga's Land into Trust App Dismissed [Re: deadphilosopher]
bluezone
Diamond Member


Registered: 12/19/04
Posts: 26674
Loc: USA
Originally Posted By: deadphilosopher
been done in this state already in Niagara Falls with the Casino. You can actually see that city turning around and they are getting more money a year than they would get if they used the tax formulas.


wrong
the area that the seneca tribe operatings is the worst economy in the entire state
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"OUR COUNTRY IS IN MOURNING, A SOLDIER DIED TODAY."

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#1313458 - 12/23/11 11:48 AM Re: Cayuga's Land into Trust App Dismissed [Re: deadphilosopher]
bluezone
Diamond Member


Registered: 12/19/04
Posts: 26674
Loc: USA
Originally Posted By: deadphilosopher
I am not saying that this is th right way to go but lets start looking at options that are beneficial instead of pissing away money on lawyers and courts that we will never recover.


you have already lost land and money as the tribes use your money to fight against you


the tribes are the ones bringing court cases
NYS and the counties are defending themselves
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#1313461 - 12/23/11 11:52 AM Re: Cayuga's Land into Trust App Dismissed [Re: deadphilosopher]
bluezone
Diamond Member


Registered: 12/19/04
Posts: 26674
Loc: USA
Originally Posted By: deadphilosopher
Just wanted to point that out lets keep the facts straight on the taxes.


you need to do more homework as your facts are incorrect
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#1313483 - 12/23/11 01:02 PM Re: Cayuga's Land into Trust App Dismissed [Re: bluezone]
SilverFox
Senior Member


Registered: 11/19/00
Posts: 6245
Loc: Waterloo
Part of the SCOTUS Sherrill decision indicated that the Native Americans buying land on the open market that was once a part of their reservation lands did not make it sovereign and all taxes property and sales taxes were applicable and must be paid. As BZ has stated the Cayugas are running a scam. Furthermore, if the BIA has said Halftown is no longer the Federally recognized Cayuga leader any further Trust applications he submits should be thrown out in MHO.
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#1313495 - 12/23/11 02:22 PM Re: Cayuga's Land into Trust App Dismissed [Re: SilverFox]
bluezone
Diamond Member


Registered: 12/19/04
Posts: 26674
Loc: USA
Originally Posted By: SilverFox
Part of the SCOTUS Sherrill decision indicated that the Native Americans buying land on the open market that was once a part of their reservation lands did not make it sovereign and all taxes property and sales taxes were applicable and must be paid.


correct
the tribe must also agree with the SCOTUS ruling as they are trying for trust


the court never said trust land applied to the cayugas
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"OUR COUNTRY IS IN MOURNING, A SOLDIER DIED TODAY."

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#1313498 - 12/23/11 02:26 PM Re: Cayuga's Land into Trust App Dismissed [Re: SilverFox]
bluezone
Diamond Member


Registered: 12/19/04
Posts: 26674
Loc: USA
Originally Posted By: SilverFox
Furthermore, if the BIA has said Halftown is no longer the Federally recognized Cayuga leader any further Trust applications he submits should be thrown out in MHO.


lets hope
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"OUR COUNTRY IS IN MOURNING, A SOLDIER DIED TODAY."

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#1313570 - 12/23/11 09:27 PM Re: Cayuga's Land into Trust App Dismissed [Re: deadphilosopher]
Rich_Tallcot
Senior Member


Registered: 01/19/03
Posts: 3758
Loc: Union Springs, New York
Originally Posted By: deadphilosopher
Hey let me PO some people here.
No agreement with a tribe is worth the paper it is written on.

Any agreement has to have a waiver of sovereign immunity open enough to allegedly cover any tribal agreement.

Any agreement has to be approved by the BIA or it is null and void. That it itself could take years even if they did agree to it.

Any agreement has to be made in accordance to the tribal constitution and tribal laws or it is unenforceable. The NY Cayuga, unlike the Seneca-Cayuga, never agreed to the IRA and do not have a written constitution. If they did, Halftown would not still be in charge.

The Cayuga have agreed to settlements in the past and been paid at least six times. Why would one think they would comply with a seventh?

Any agreement has to be made with the correct leadership or it can be declared null and void. The tribe itself cannot even agree on who is in charge. We could be back in court every time a new leader is elected.

According to Iroquois tribal lore, the clan mothers would be making the decisions. But the BIA does not recognize this and the Oneida are run by a MEN's council headed by their megalomaniac. No women allowed, so much for equal rights.

As for any local or state tax exemption, as soon as our state legislators learn how a law is made, that will change, but granted it may take a while. They submitted legislation but that was amended and still never got out of committee. They appear to be as clueless as Schumer.

Yes, look at Niagara Falls.

The city of Niagara Falls has not seen the economic spin-off promised. Only the Seneca tribe has grown wealthy since the casino opened in 2003.

Contrarily, Las Vegas is largely successful because anyone with the ability, the money and the guts, regardless of race can operate a casino, and the whole city has grown instead of only one ethnic group.

Because of their ethnicity, Seneca tribe has the exclusive right to operate casinos in Western New York. Grant me a monopoly and I'll show anyone how I can make money.

Are you aware that the Seneca tribe can open any business on the 50 acres of land granted them in Niagara Falls and pay no property taxes, sales taxes, excise taxes or state income taxes?

The Seneca Nation gaming and state and local tax-free entertainment operations earn for them $1.1 billion a year, netting certain people in the tribe more than $1 million per day. How does that benefit anyone else?

The host city, Niagara Falls, remains one of the poorest cities in America, as it struggles "on every corner" to keep libraries open, roads paved and children from leaving Western New York.

Americans should have the same legal rights in New York as the Seneca tribe.

The Seneca Nation employs 6,000 Western New Yorkers, more than half of whom are non-Indians, and that most work for Seneca at near-minimum wage and at part-time jobs.

According to their employment manual, and by Seneca law -- a person born a Seneca may replace an American employee at any time if a Seneca wants the job.

The Seneca Nation, with their tax-free status, has become Western New York's sixth-largest employer, overtaking longtime, tax-paying companies like M&T and HSBC banks.

Do you like the fact that so many proud Americans have to work for a foreign, or as they call it, a Sovereign Nation, instead of American-owned companies?

Judging from every corner surrounding the Seneca Niagara Casino, do you think Seneca Nation reinvests its profits in Western New York?

Did you know that the Sovereign Seneca Nation has not paid their agreed-upon slot machine revenue to Albany in two years, withholding more than $330 million in revenue-sharing payments since 2009; $53.1 million of which is due to Niagara Falls?

Do you favor continued exclusive operations of racist apartheid?

Do you think we should allow the people of the Sovereign Seneca tribe to have more rights than our own children?

Should tribes have legal superiority over Americans?

We have certain unalienable rights in this country which are not guaranteed by, but are written in the Constitution. One of those is Liberty, which can only be sustained by equality under the law. No one can be given any rights without taking them from someone else. Making an agreement with a tribe whose political status is based on their race is unconscionable.

The Cayuga have no right to trust land. The Cayuga have no reservation in New York State. The British gave them a reservation in Canada. Yes, they emigrated and lived here for a few years, but for far fewer years than the rest of us have lived here and repeatedly claiming it is their aboriginal territory may cause some to start to believe it, but it does not make it so.

It is not up to the federal government to settle anything, it is up to we the people and we already settled it. The Cayuga tribe can apply for trust, but they do not qualify. The DOI can approve it, but will lose in court.

As far as never winning goes, we were the first in the United States to defeat an Indian land claim. We defeated several land claim settlements including the one the State announced as final and we will win again. There is no other option. There's no such word as can't. Defense of a trust case will be paid for by the State. The costs will be recovered several times over in short order.

The Cayuga are welcome to live with us, but not on us.

Thank you for the opportunity to enlighten some people to the facts. Your numbers game may entice people that may be inclined to play the Lottery, but the odds of winning are just as bad.

Have a nice day.
\:\)


Edited by Rich_Tallcot (12/23/11 09:34 PM)

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#1313615 - 12/24/11 09:28 AM Re: Cayuga's Land into Trust App Dismissed [Re: Rich_Tallcot]
bluezone
Diamond Member


Registered: 12/19/04
Posts: 26674
Loc: USA
well said
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#1313616 - 12/24/11 09:29 AM Re: Cayuga's Land into Trust App Dismissed [Re: deadphilosopher]
bluezone
Diamond Member


Registered: 12/19/04
Posts: 26674
Loc: USA
Originally Posted By: deadphilosopher
Just wanted to point that out lets keep the facts straight


we waiting patiently for your 'facts'....
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#1313625 - 12/24/11 09:47 AM Re: Cayuga's Land into Trust App Dismissed [Re: deadphilosopher]
Rich_Tallcot
Senior Member


Registered: 01/19/03
Posts: 3758
Loc: Union Springs, New York
Originally Posted By: deadphilosopher
if they have a bad year and don't make much profit then we would lose out but on the other hand if thats the case the business would close and be for sale.

The only way to legally exempt property taxes is to place the land in restricted fee and it has the same status as trust only the tribe itself owns the land and not the feds. They would not sell the land just because a business closed. Why would they if they did not have to pay taxes on it? As I pointed out in your Niagara Falls example, the Seneca can do or not do anything they want with their 50 acres in Niagara Falls including open a pig farm or a landfill or just let it sit vacant. The community is still out the money but federal law mandates that the community still gets stuck with the overhead of roads, police, fire, etc. The problem with a tribal agreement is that there are so many loopholes and things people take for granted, that it is impossible to cover everything. People take air and water for granted. But if a tribe gets restricted fee or trust status and applied for TAS, which the EPA loves to hand out, the municipalities have to get tribal permission just to replace culvert pipes if the water runoff could possibly cross tribal land. Any place with a smokestack within sixty miles could be hassled by the tribe for polluting their air. Do you have a wood stove? Do you like the Montezuma Wildlife Refuge? Tribes are exempt from the Endangered Species Act and there are many more. Any federal act that did not include tribes in the legislation, automatically excluded them. The campaign Finance Reform Act is one that intentionally excluded them.

Indians are not a problem. People are people. It is our own state and federal governments that use the political status of tribal governments for their own personal or political gain that is the problem. The only means we the people have to hold our legislative and executive branches of government in line with the Constitution is through the Judicial branch. The Constitution provides for a balance of powers, unlike most tribal governments. See you in court. Have a nice day. \:\)

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#1313645 - 12/24/11 12:05 PM Re: Cayuga's Land into Trust App Dismissed [Re: Rich_Tallcot]
teedoff27
Senior Member


Registered: 10/11/11
Posts: 1682
Loc: S2Hphoto
Quote:
The only means we the people have to hold our legislative and executive branches of government in line with the Constitution


Like get 13 people to hide behind signs....ooops errrr I mean picket BOZOllio's office??? BWAHAHAHAHAHAHAHAHAHAHAHA Or set up near a winery begging for bottles and cans??? BWAHAHAHAHAHAHAHA
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#1313706 - 12/25/11 12:16 AM Re: Cayuga's Land into Trust App Dismissed [Re: teedoff27]
Rich_Tallcot
Senior Member


Registered: 01/19/03
Posts: 3758
Loc: Union Springs, New York
Aside from what you refer to was not a UCE function, that was 12 more people than you had supporting you. They obviously made news if you watched it on TV. If your reading comprehension was better you would realize that had nothing to do with the judicial branch which was my reply to the poster who suggested making a deal as opposed to going to court.
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#1313708 - 12/25/11 01:06 AM Re: Cayuga's Land into Trust App Dismissed [Re: Rich_Tallcot]
teedoff27
Senior Member


Registered: 10/11/11
Posts: 1682
Loc: S2Hphoto
R News never covered because it WASN'T newsworthy...what I saw was the makeshift interview Finger Lakes Times did and was posted on FL1 front page. As far as not having 12 supporters.... I probably had 10 times that at Lakeside buying gas and smokes while the hiding behind signs .....ooops errrr I mean "picket" was going on.

My reading comprehension is just fine.... I wanted to be like bluezone and only reply to half of your sentence.

If the *powers that be* would lower the cig tax and level the playing field the Natives would be out of business in a month and the whole Native thing would be solved. Also not having Mikey Bozollio's Law Firm handling all the court battles and use an impartial Law Firm there might be less "incentive" and end quicker!

Merry Christmas! BWAHAHAHAHAHAHAHA
_________________________
Spiritual people INSPIRE me
Religious people FRIGHTEN me

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#1313729 - 12/25/11 09:42 AM Re: Cayuga's Land into Trust App Dismissed [Re: teedoff27]
Rich_Tallcot
Senior Member


Registered: 01/19/03
Posts: 3758
Loc: Union Springs, New York
You will have to go a long way to be like Bluezone and he will not be impressed. The issues of the posts and response had nothing to do with taxes. Better get another opinion regarding your reading comprehension. I see New York added a $10 law enforcement fee on every vehicle, which you will be charged next time your insurance is due. You may want to consider moving if you do not like all the taxes. Merry Christmas.
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#1313785 - 12/26/11 01:08 AM Re: Cayuga's Land into Trust App Dismissed [Re: Rich_Tallcot]
teedoff27
Senior Member


Registered: 10/11/11
Posts: 1682
Loc: S2Hphoto
My daughter graduates in June and moving has been discussed for the past 3 years. We are looking at Wilmington/Carolina Beach North Carolina area or Charleston, S.c.

New York
Sales Taxes
State Sales Tax: 4.0% (food, prescription and non-prescription drugs exempt); Other taxing entities (cities and counties) may add up to 5.00% in additional sales tax.
Gasoline Tax: 44.4 cents/gallon
Diesel Fuel Tax: 43.9 cents/gallon
Cigarette Tax: $4.35/pack of 20; New York City adds an additional $1.50.


NORTH CAROLINA
Sales Taxes
State Sales Tax: On October 1, 2009 the state sales tax increased temporarily to 5.5%. It is due to return to 4.5% on July 1, 2011. The local rate decreases from 2.25% to 2% in all counties except Alexander, Catawba, Cumberland, Haywood, Martin, Pitt, Sampson, and Surry where the county rate decreases from2.5% to 2.25%. Mecklenburg County continues to impose an additional 0.5% Transit rate. The third one-half cent local tax previously reduced to a quarter cent (0.25%) under Article 44 will decrease to zero. The combined State and local rate will continue to be 7.75% in ninety-one counties, 8% in Alexander, Catawba, Cumberland, Haywood, Martin, Pitt, Sampson, and Surry counties and 8.25% in Mecklenburg County. Prescription drugs, medical equipment exempt, food subject to 2% county tax.
Gasoline Tax: 32.2 cents/gallon
Diesel Fuel Tax: 32.2 cents/gallon
Cigarette Tax: 45 cents/pack of 20


SOUTH CAROLINA
Sales Taxes
State Sales Tax: 6% (prescription drugs and unprepared food items exempt); 25 counties impose an additional 1% local option sales tax; a number of counties impose a 2% sales tax. Seniors 85 and older pay 5%.
Gasoline Tax: 16.8 cents/gallon
Diesel Fuel Tax: 16.8 cents/gallon
Cigarette Tax: 57 cents/pack of 20

Amount of Sun % a year

Syracuse, New York: 46%

Wilmington, North Carolina: 63%

Charleston, South Carolina:63%
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Spiritual people INSPIRE me
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#1313786 - 12/26/11 03:10 AM Re: Cayuga's Land into Trust App Dismissed [Re: teedoff27]
Frisco kid
Member


Registered: 12/25/11
Posts: 327
Loc: NY
Can you provide stats and figures for Sanford Florida? That's where I am thinking of moving to real soon. Thanks.
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#1313789 - 12/26/11 03:47 AM Re: Cayuga's Land into Trust App Dismissed [Re: Frisco kid]
teedoff27
Senior Member


Registered: 10/11/11
Posts: 1682
Loc: S2Hphoto
http://retirementliving.com/index.html

http://www.currentresults.com/Weather/US/average-annual-state-sunshine.php
_________________________
Spiritual people INSPIRE me
Religious people FRIGHTEN me

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#1313816 - 12/26/11 01:24 PM Re: Cayuga's Land into Trust App Dismissed [Re: teedoff27]
Fud P
Senior Member


Registered: 04/10/10
Posts: 507
Originally Posted By: teedoff27
My daughter graduates in June and moving has been discussed for the past 3 years. We are looking at Wilmington/Carolina Beach North Carolina area or Charleston, S.c.




You'd fit in better in Maysville, NC.

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