Court will decide whether Oneida land is tax exempt

VERONA - Lawyers for two upstate New York counties will argue Tuesday before a federal appeals court that the counties should be able to seize land from the Oneida Indian Nation if the tribe doesn't pay its property taxes.

U.S. District Judge David Hurd incorrectly applied a U.S. Supreme Court case when he ruled for the Oneidas in 2005, according to attorneys for Madison and Oneida counties, who will appear Tuesday before the 2nd U.S. Circuit Court of Appeals in New York City.

In a ruling in October 2005, Hurd said although the counties could impose property taxes on the Oneidas, they could not foreclose on nation land because of the Oneida's sovereignty as an Indian tribe under federal law.