State wants federal government to share land-claim liability
Nov. 9, 2001

The Associated Press

ALBANY — The state, facing the possibility of a huge financial settlement in the Oneida Indian Nation’s land claim, wants the federal government held jointly liable.

Defendants in the 30-year-old lawsuit are New York state and Madison and Oneida counties. The Oneidas want compensation for 250,000 acres they claim were illegally taken from them in the late 18th and early 19th centuries. The U.S. Justice Department is supporting the Oneidas’ claim.

At a hearing Thursday in U.S. District Court, assistant state attorney general Dwight Healy said the federal government, as trustee of Indian lands, is “substantially responsible” for the Oneidas’ loss of land use and possession.

Justice Department attorney Charles Jakosa countered that New York lost its authority to negotiate the deals that took Oneida land the moment the U.S. Constitution went into effect.

David Schraver, attorney for the two counties, said at issue are 30 land transactions almost two centuries ago, which now involve 20,000 parcels, or about one-half of Madison County and one-third of Oneida County.

Although the state is the chief target, Schraver said the current case should involve all rightful claimants or be dismissed.

“The defendants and the people of central New York need to have these land claims determined finally, completely and comprehensively,” he said, predicting damages will amount to “billions of dollars.”

The Brothertown Indians of New York are among those who have filed a motion to join the suit, saying they also had a claim to some of the land. Brothers Ronald and Maurice Champlain of Connecticut claim to be leaders of the 150-member tribe.

One issue raised at the hearing was whether the court or federal government should determine who has standing.

Jakosa said the U.S. government recognizes only the Oneida Indian Nation of New York and the Oneida Indian Tribe of Wisconsin as tribes that are successors to the original Oneidas in the region. Once the case is settled, any subsequent claims would be made against the U.S. government, he said.

Robert Smith, attorney for Oneida of the Thames Band of Canada, said the question of tribal standing alone would bog the case down for months if not years.

Motions on the various issues are pending before Judge Lawrence Kahn, who presided at the hearing.

Oneida attorneys declined to comment afterward on whether negotiations toward a possible settlement have continued in the past year. Talks broke down more than a year ago as the Oneidas walked away from a $500 million settlement offer.