Oneidas' land-claim suit still stalled
Aug. 2, 2002

By R. PATRICK CORBETT
Observer-Dispatch

 

ALBANY — Visions of a quick and amicable conclusion to the decades-old Oneida land claim appear to have lost some focus.

Saturday marks the latest deadline in the federal case inherited by U.S. District Court Judge Lawrence Kahn of Albany, with the parties no closer to settling the issue.

Gov. George Pataki and Oneida Indian Nation Representative Ray Halbritter staged a news conference in February to announce that they had agreed to an “outline” of a settlement to the Oneidas’ claim to 250,000 acres in Madison and Oneida counties.

It was built around a $500 million settlement to be split among the various Oneida tribes in the suit and a maximum of 35,000 acres of untaxed Oneida land in the two counties.

On May 3, Kahn appointed Albany lawyer John Tabner as a mediator and gave him 90 days to turn the outline into a binding agreement.

Tabner has met with the Indians involved and with state lawyers and has had telephone conferences with some of the other parties, but he had not forwarded a settlement proposal to Kahn by Thursday, Court Clerk Heidi Parry said.

Tabner’s term as mediator is up Saturday, and Kahn’s assistant, Scott Barnes, said Thursday, “There’s been no request to extend his term.”

He said if a request is made, the judge would need time to review the record of mediation before deciding whether to give Tabner more time.

Lawyers in the case say they are bound by Kahn to say nothing about the content of the negotiations.

David Andrews, assistant to Oneida County Executive Ralph J. Eannace Jr., said, “We had one introductory meeting with the mediator right after he was appointed.

“It’s our understanding talks have been going on, but we haven’t heard anything since,” he said.