And now:Sonja Keohane <[EMAIL PROTECTED]> writes:
<http://hotnews.syracuse.com/>
Local legislators unite against Oneida Indians in land claims dispute
The Associated Press
12/12/98 8:20 AM
By JOHN KEKIS
Associated Press Writer
UTICA, N.Y. (AP) -- Caught off-guard by the Oneida Indians' decision to sue
individual property owners to settle a longstanding land dispute,
legislators from Oneida County called for a quick solution amenable to both
sides.
"The point is to get everybody to the table. That's what we're trying to
do," Oneida County Executive Ralph Eannace said Friday after a closed-door
session of the Native American Affairs committees for the two central New
York counties affected by the suit. "It's not worth pointing fingers at
what went wrong."
Three resolutions were passed, criticizing the Oneidas' actions and calling
for a negotiated settlement with New York state.
"They condemn the escalation that has occurred. We're all unhappy about
that," Oneida County legislator David Wood said. "And they call for the
federal and state governments to take swift, thorough action to resolve it.
That's the most important part because it says it all."
The meeting was precipitated by an amended lawsuit filed Tuesday by the
Oneida Indians of New York, Wisconsin, and Canada. The suit, filed in
federal court in Syracuse, named all 20,000 property owners within the
250,000 acres of the disputed area in Oneida and Madison counties.
In 1974 and again in 1985, the three tribes sued the two counties to get
back land that the Indians claim was taken illegally from them. The U.S.
Supreme Court ruled in 1985 that the Oneidas were entitled to compensation,
but talks between the Indians and state officials have since dragged on.
The resolutions, which were approved unanimously, forged a united front
between the counties and also called on the state to indemnify property
owners for any legal costs or damage awards that may result from the
lawsuit.
Legislators, who have been beset by calls from residents worried about
losing property, assured them that they would be protected.
"Both the federal and state governments are reassuring us they will protect
people's property rights," Eannace said. "Even the (Oneida Indian) Nation's
representatives have said that they don't intend to evict anybody. I
understand why people are nervous, but they shouldn't be."
The meeting came one day after Gov. George Pataki said the state would hire
a law firm to defend the landowners. Pataki said he wanted to make sure
nobody lost any property. The state expects to hire a law firm with
expertise in Indian land claims within a month after the court certifies
who the defendants are in the case, Pataki spokesman Mike McKeon said.
The Oneidas have asked federal Judge Neal P. McCurn to appoint a settlement
master to mediate their claim to the land. But local legislators requested
more information about the concept of having the claim mediated by a third
party.
McCurn has asked to have responses from both sides sent to him by Feb. 26.
He will then decide whether to accept the amended lawsuit, which has the
support of the federal government.
Arguments could begin in late March, according to attorney Bob Witmer, who
represents Oneida County. However, a settlement is not likely anytime soon.
"You have three separate tribes who have had varying views at times and you
have very different issues regarding land and money," Witmer said. "It's
not something that's going to be done in three months. It's very
complicated."
The meeting, which lasted two hours, was supposed to include a chance for
the public to ask questions. About a dozen people showed up to do so, but
the legislators adjourned without allowing comment, and that created some
ill will.
"That's an insult," said Michael Gaiser, an associate broker for Taylor
Creek Realty in Vernon. "We were told we were going to have a
question-and-answer period at the end of the meeting. I was told by one of
the legislators that the reason it was called off was there weren't enough
people to bother with."
