This thread ONLY deals with the Oneida trust lawsuits. It is NOT a new thread. There are several lawsuits fighting trust in Oneida-Madison. The outcome will assuredly affect attempted trust takeover in Cayuga-Seneca.
This is separate from all the tribal sales tax lawsuits in two different federal courts, the foreclosure case regarding property tax lawsuit headed to SCOUTS, and separate from any land claims.
I know at times there appears to be an excess of threads that appear to be related. But lately there appears to be an excess of different tribal issues.
Oneida trust case - it appears that the BIA is corrupt. Imagine that. You should have learned that much at our EIS hearing.
You should also understand that there is no federal trust land in New York State, including the 18 acres the news media keep reporting as being taken into trust. Those 18 acres have become part of the trust lawsuit. The feds tried using the Quiet Title Act and claimed sovereign immunity to block a lawsuit challenge, which is why one cannot make a challenge after the fact.
But until property is listed in the federal register as being taken into trust, it has not been accepted by the federal government, regardless of what the BIA says, and the Quiet Title Act does not apply. Deals the state makes in the interim may be reversed in the end.
Once again, the feds got caught breaking their own regulations. The ultimate question is, just how much bias does Judge Kahn dare to show?
Remember, our own federal misrepresentatives support and sustain this system. If you want more of the same, then reelect those in office.
Then again, there are wall flowers like Rep. Barney Frank who recently introduced a bill to rescind the ability to make FOIA requests. Yes, there is opposition to equality under the law within Congress. But we have the choice to reelect or replace our federal misrepresentatives, who all support this opposition through their actions and inactions. Actions speak louder than words. Your votes, or lack of, this November is an action. In April, U.S. Magistrate David Peebles issued a decision saying the counties and state had introduced sufficient evidence of bias and prejudgment on the part of the DOI to take land into trust to allow greater access to DOI documents and depositions, Madison County Attorney John Campanie said.
According to Campanie, the counties' evidence suggests that the decision to take thousands of acres of land into trust was made before notification that an application was filed and that the decision was made before the application was even complete.
Movement in the case is paused while Kahn decides whether to affirm Peebles' decision or overturn it.http://oneidadispatch.com/articles/2010/10/14/news/doc4cb66e6e52ba9361812927.txt
Land into trust case still in lower court
Thursday, October 14, 2010
By CAITLIN TRAYNOR
Dispatch Staff Writer
As the land foreclosure case between the Oneida Indian Nation and Madison and Oneida counties moves to the United States Supreme Court, the land-into-trust case sits in trial-level federal court.
The Nation's application with the Bureau of Indian Affairs to put land into trust came quickly after its defeat in the Supreme Court with the City of Sherrill case, where an 8-1 vote decided newly-purchased land was not subject to tribal sovereignty. The April 2005 application requested the federal government take 17,370 acres of land into trust for the benefit of the Nation.
In 2008, the U.S. Department of Interior granted 13,000 acres into federal trust - about 9,000 in Oneida County and 4,000 in Madison County. The counties, along with the state, sued to stop the DOI's action and a second lawsuit from the towns of Vernon and Verona followed. [For whatever reason, the Oneida Dispatch neglects to point out that lawsuits were also filed by UCE, the CNYFBA & CERA, and the National Grid. ]
Northern New York District Judge Lawrence Kahn, in late 2009, ruled to eliminate three of the 17 original causes of action in the state and counties' cases and five other causes of action filed after 18 acres of surplus U.S. Air Force land in Verona were granted into trust. Fourteen causes of action still need to be decided on by Kahn.
In April, U.S. Magistrate David Peebles issued a decision saying the counties and state had introduced sufficient evidence of bias and prejudgment on the part of the DOI to take land into trust to allow greater access to DOI documents and depositions, Madison County Attorney John Campanie said.
According to Campanie, the counties' evidence suggests that the decision to take thousands of acres of land into trust was made before notification that an application was filed and that the decision was made before the application was even complete. The Oneida Nation subsequently appealed Peebles' decision to grant the counties and state greater access to documentation and an opportunity to depose DOI Associate Deputy Secretary James Cason.
Movement in the case is paused while Kahn decides whether to affirm Peebles’ decision or overturn it.
"We're simply waiting for Judge Kahn's decision on that," Campanie said.
Beyond that decision are 14 causes of actions that still waiting judgment. Until then, no land is in federal custody.
Once the case is concluded, Kahn's decision is subject to appeal, Campanie said. The land into trust case could see a similar progression as the land foreclosure case, as Kahn's decision, whatever it is, will likely be appealed to the Second Circuit Court of Appeals and then to the U.S. Supreme Court.