Jury: Cayugas’ land worth $37M
Feb. 18, 2000

By WILLIAM KATES
Associated Press

SYRACUSE — A federal court jury Thursday recommended the Cayuga Indian Nation receive $36.9 million for its lost ancestral lands, a figure a lawyer for the tribe called “ridiculous.”

The award by the nine-member U.S. District Court jury consisted of a rental value of $1.9 million for the use and occupancy of the 64,015 acres over 204 years and $35 million for current market value.

The decision is a recommendation to Judge Neal McCurn, who will determine how much the Cayugas receive. McCurn plans a second non-jury trial to consider “equitable factors,” such as interest on the back rent and deductions for public infrastructure.

“It’s ridiculous,” said attorney Martin Gold, who represented the Cayuga Indian Nation of New York. “Apparently nine people didn’t pay attention to the evidence.”

“I have no idea what they were thinking,” added Raymond Heslin, another attorney for the Cayugas. “Not only did they go against all the credible evidence. They went against the state’s evidence.”

The Cayugas case is the first land-claim case in New York to reach the damages phase. The Oneida Nation’s land claim is in negotiations. Two other land claims are pending against New York, and the Onondaga Nation expects to file a land claim sometime this year. Together, the land claims cover a large portion of upstate New York, the historical home of the Six Nations of the Iroquois Confederacy.

The jury of five women and four men deliberated about 10 hours over two days after reviewing 11 days of conflicting experts’ testimony and boxes of transcripts, documents and maps.

Heslin said the Cayugas will file a motion to set aside the judgment.

An expert real estate appraiser testified for the state that the Cayugas should receive no more than $51 million for the 100-square-mile patch in Cayuga and Seneca counties.