For property owners in the Cayuga land claim area, the tribal claim to 64,000 acres surrounding Cayuga Lake has had a bitter potential for 24 years: the loss of their present-day homes.
Jason Rearick / The Citizen
Brothers Lloyd and Ted O'Hara were delighted to hear the news of the Supreme Court decision Tuesday.
The claim also has meant property owners' fatigue with seemingly never-ending litigation and settlement negotiations that fell through over and over with the Cayuga Nation of New York and the Seneca-Cayugas of Oklahoma.
But Tuesday, the U.S. Supreme Court's 8-1 decision, that the Oneida Nation land purchases in its historic territory cannot revert to Indian country and are subject to local regulation, put Cayuga land claim property owners in touch with more positive emotions: elation and vindication.
"I felt it's a start. It's a start" to ending the dispute, said Aurelius resident and Cayuga Community College student Robert Coe, 19. "We had nothing to do with the loss of their land in the past." Coe's family owns 18 acres of land off Route 90 in the heart of the Cayuga land claim near an old Erie Canal lock.
"I'll guess we'll have to have a party," said Lloyd O'Hara, co-owner of the Aurelius farming machinery dealer, O'Hara Machinery Inc., for 40 years. "It's the best thing we've heard since it all started in 1980." O'Hara serves farming customers primarily in the land claim area.
The Cayuga Nation filed a claim in federal court in 1980 arguing the sales of the tribe's land to New York was illegal because the sales were not ratified by Congress. The Seneca-Cayugas of Oklahoma also successfully moved to become a co-plaintiff in the case.
O'Hara's older brother, Ted, joked they would need to fly their mother from Florida to celebrate the Sherrill decision. Ted is one of the land claim area's biggest land owners with his 2,700-head dairy farm and 3,000-acre property.
"We had gotten pretty depressed. No one was standing up for our rights," Ted said. "The property tax base would have just been eroded, so those of us left would not be able to compete."
Dick Tallcot - who heads up anti-land claim activism as co-chair in Upstate Citizens for Equality's Seneca-Cayuga chapter - received word of the Sherrill decision at 1:30 p.m. from his boss. Tallcot was given the day off with pay from his job with the village of Union Springs' Department of Public Works in order to celebrate.
"I'm on cloud nine," Tallcot said. " .... This removes the arm twisting (tribes) effectively had to remove land off the tax rolls while negotiating" settlements.
Cayuga County legislators George Fearon, R-Springport, and Ray Lockwood, R-Aurelius, feel vindicated after unsuccessfully arguing the county should wait until the Sherrill decision was handed down to give approval to Gov. George Pataki's legislation to settle five Indian land claims and establish five Catskills casinos.
"It's probably the best news we've had in 23 years," said Ray Lockwood, R-Aurelius. who learned about the court decision on a noon TV news program. Lockwood said he felt the city of Sherrill's side of the case was strong despite opinion that the case would likely be decided for the Oneidas.
"I was elated, but I wasn't surprised," said Fearon who represents the majority of land claim residents. "I thought the case was a very strong case."
"I think ultimately it's going to change all the land claims in the state of New York," Fearon added.
The case seems to imply that sovereign Indian country can only be established through federal approval of a tribal reservation instead of through open-market purchases of land by a tribe in its historic territory.
"I really think the Supreme Court has recognized what the people of Seneca and Cayuga counties have been saying for over 200 years: a 200-year delay for bringing these land claims was too long and these properties fall under control of state and counties," said Richard Ricci, a Seneca County legislator.
Cayuga County Legislature Chairman Herb Marshall was surprised that the Sherrill case was decided against the Oneida Nation. Marshall noted in testimony before the state Senate and Assembly committee hearings earlier this month 17 of 18 court actions have been decided in favor of the two tribes with land claims in Cayuga and Seneca counties.
"This really is a surprise to me," Marshall said. "It's a very meaningful surprise. You don't appeal a rule of the Supreme Court. It's probably going to be the law and how we deal with this situation. I would say right now it's a positive ruling for the counties."
Marshall said analysis must be completed before the county fully understands the implications of the decision, and the county will have to see what the tribes do about seeking approval from the federal Department of Interior for a reservation within the land claim area.
Two Cayuga Nation leaders did not return calls seeking comment, and a Seneca-Cayuga leader could not be reached for comment before deadline.
The Oneida Nation issued a terse statement in response to the ruling: "Certainly, the Nation wishes the court had ruled differently. But, the Nation will do everything it can to protect the over 4,200 jobs it has created."
The Sherrill decision may affect political support for Gov. Pataki's legislation.
"It strengthens my opposition and my ability to convince others to oppose his measure and my efforts to collect sales taxes on transactions from Natives to non-Natives ," said State Sen. Michael Nozzolio, R-Fayette, who read the decision minutes after it was first available to the public.
Pataki's office aggressively pushed for state and federal approval of legislative settling land claims with five tribes and establishing five Catskills casinos since last fall. The state sided with the city of Sherrill against the Oneidas.
"We're very pleased with the court's decisions. The state's attorneys are now reviewing it to determine the extent of the impact," Pataki spokesman Todd Alhart said.
As well, Seneca Country may withdraw its approval of the proposed settlement with the Seneca-Cayugas because of the Sherrill decision, Ricci said. Seneca County approved the Seneca-Cayuga settlement -- but not the Cayuga Nation settlement - because Seneca-Cayugas tribe would give up its land claim in exchange for a casino.
The Sherrill decision will also mean determining how much local laws apply to Native enterprises: from the collection of property and excise taxes, to zoning, to health department inspections, to weight and measures regulations.
The Sherrill decision will also have implications for the land claim case, which is awaiting a decision from the U.S. 2nd Circuit Court of Appeals.
Staff writer Amaris Elliott-Engel can be reached at 253-5311 ext. 282 or at amaris.elliot-engel@lee.net
But Tuesday, the U.S. Supreme Court's 8-1 decision, that the Oneida Nation land purchases in its historic territory cannot revert to Indian country and are subject to local regulation, put Cayuga land claim property owners in touch with more positive emotions: elation and vindication.
"I felt it's a start. It's a start" to ending the dispute, said Aurelius resident and Cayuga Community College student Robert Coe, 19. "We had nothing to do with the loss of their land in the past." Coe's family owns 18 acres of land off Route 90 in the heart of the Cayuga land claim near an old Erie Canal lock.
"I'll guess we'll have to have a party," said Lloyd O'Hara, co-owner of the Aurelius farming machinery dealer, O'Hara Machinery Inc., for 40 years. "It's the best thing we've heard since it all started in 1980." O'Hara serves farming customers primarily in the land claim area.
The Cayuga Nation filed a claim in federal court in 1980 arguing the sales of the tribe's land to New York was illegal because the sales were not ratified by Congress. The Seneca-Cayugas of Oklahoma also successfully moved to become a co-plaintiff in the case.
O'Hara's older brother, Ted, joked they would need to fly their mother from Florida to celebrate the Sherrill decision. Ted is one of the land claim area's biggest land owners with his 2,700-head dairy farm and 3,000-acre property.
"We had gotten pretty depressed. No one was standing up for our rights," Ted said. "The property tax base would have just been eroded, so those of us left would not be able to compete."
Dick Tallcot - who heads up anti-land claim activism as co-chair in Upstate Citizens for Equality's Seneca-Cayuga chapter - received word of the Sherrill decision at 1:30 p.m. from his boss. Tallcot was given the day off with pay from his job with the village of Union Springs' Department of Public Works in order to celebrate.
"I'm on cloud nine," Tallcot said. " .... This removes the arm twisting (tribes) effectively had to remove land off the tax rolls while negotiating" settlements.
Cayuga County legislators George Fearon, R-Springport, and Ray Lockwood, R-Aurelius, feel vindicated after unsuccessfully arguing the county should wait until the Sherrill decision was handed down to give approval to Gov. George Pataki's legislation to settle five Indian land claims and establish five Catskills casinos.
"It's probably the best news we've had in 23 years," said Ray Lockwood, R-Aurelius. who learned about the court decision on a noon TV news program. Lockwood said he felt the city of Sherrill's side of the case was strong despite opinion that the case would likely be decided for the Oneidas.
"I was elated, but I wasn't surprised," said Fearon who represents the majority of land claim residents. "I thought the case was a very strong case."
"I think ultimately it's going to change all the land claims in the state of New York," Fearon added.
The case seems to imply that sovereign Indian country can only be established through federal approval of a tribal reservation instead of through open-market purchases of land by a tribe in its historic territory.
"I really think the Supreme Court has recognized what the people of Seneca and Cayuga counties have been saying for over 200 years: a 200-year delay for bringing these land claims was too long and these properties fall under control of state and counties," said Richard Ricci, a Seneca County legislator.
Cayuga County Legislature Chairman Herb Marshall was surprised that the Sherrill case was decided against the Oneida Nation. Marshall noted in testimony before the state Senate and Assembly committee hearings earlier this month 17 of 18 court actions have been decided in favor of the two tribes with land claims in Cayuga and Seneca counties.
"This really is a surprise to me," Marshall said. "It's a very meaningful surprise. You don't appeal a rule of the Supreme Court. It's probably going to be the law and how we deal with this situation. I would say right now it's a positive ruling for the counties."
Marshall said analysis must be completed before the county fully understands the implications of the decision, and the county will have to see what the tribes do about seeking approval from the federal Department of Interior for a reservation within the land claim area.
Two Cayuga Nation leaders did not return calls seeking comment, and a Seneca-Cayuga leader could not be reached for comment before deadline.
The Oneida Nation issued a terse statement in response to the ruling: "Certainly, the Nation wishes the court had ruled differently. But, the Nation will do everything it can to protect the over 4,200 jobs it has created."
The Sherrill decision may affect political support for Gov. Pataki's legislation.
"It strengthens my opposition and my ability to convince others to oppose his measure and my efforts to collect sales taxes on transactions from Natives to non-Natives ," said State Sen. Michael Nozzolio, R-Fayette, who read the decision minutes after it was first available to the public.
Pataki's office aggressively pushed for state and federal approval of legislative settling land claims with five tribes and establishing five Catskills casinos since last fall. The state sided with the city of Sherrill against the Oneidas.
"We're very pleased with the court's decisions. The state's attorneys are now reviewing it to determine the extent of the impact," Pataki spokesman Todd Alhart said.
As well, Seneca Country may withdraw its approval of the proposed settlement with the Seneca-Cayugas because of the Sherrill decision, Ricci said. Seneca County approved the Seneca-Cayuga settlement -- but not the Cayuga Nation settlement - because Seneca-Cayugas tribe would give up its land claim in exchange for a casino.
The Sherrill decision will also mean determining how much local laws apply to Native enterprises: from the collection of property and excise taxes, to zoning, to health department inspections, to weight and measures regulations.
The Sherrill decision will also have implications for the land claim case, which is awaiting a decision from the U.S. 2nd Circuit Court of Appeals.
Staff writer Amaris Elliott-Engel can be reached at 253-5311 ext. 282 or at amaris.elliot-engel@lee.net
Citizen
Hot Jobs
New! Off the Menu
The Citizens' Say
Post your comment - click hereThere are No comments posted.