Judge narrows claim issues
Apr. 2, 2002

From staff reports
Observer-Dispatch

ALBANY — A federal judge, in an interim ruling, has narrowed some of the issues in the Oneida Indian land-claim suit.

In a 70-page decision dated Friday, U.S. District Court Judge Lawrence Kahn dealt with some of the arguments put forth by Oneida tribes and the federal government on one side, and the state and Oneida and Madison counties on the other.

Among the judge’s orders:

• The motion by the state and counties to dismiss the suit is denied.

• The Oneida tribes and the federal government were successful in striking some of the counties and state legal arguments, but not others.

One point allowed to stay on the table is the so-called dis-establishment claim. The counties and state asked the judge to declare that any reservation of land claimed by the Oneidas is no longer in existence because of the 1838 Treaty of Buffalo Creek, which gave Oneidas land in Kansas.

The treaty effectively “disestablished” the tribe and the property in New York essentially became property of New York state, according to lawyers from the state and counties.

As with most of the issues, Kahn did not address the merits of the argument. The judge determined only that because the issue is so complex, it must be dealt with at trial.

The judge continues to review the land-claim suit, even as both sides said in February they plan to settle the case, in which the Oneidas claim ownership of about 250,000 acres in Madison and Oneida counties.

Wisconsin Oneidas, dissatisfied with the proposed settlement, have since filed suit against about 60 landowners.

Oneida County Executive Ralph J. Eannace Jr. said Monday night county officials are reviewing the decision, which could still be appealed by any side.

Hearings, even a full trial in Kahn’s Albany courtroom, are still possible. No dates have been set for any future court sessions.

“Because each side prevailed on some points, it shows that there is still a need to continue to seek a negotiated settlement,” Eannace said of Kahn’s ruling.

Eannace declined further comment until he could confer with Madison County officials.