| 06/20/2008 |
| New York sues over land trust decision |
| By JODY McNICHOL , Dispatch Staff Writer |
ONEIDA - Gov. David A. Paterson and Madison and Oneida counties have filed a lawsuit seeking to overturn the the Department of the Interior's May 22 decision to take 13,004 acres of land into trust for the Oneida Indian Nation.
In that statement, Paterson and Cuomo said the suit will argue that the decision is "unconstitutional because the state has continuously exercised jurisdiction over its lands since the adoption of the Constitution" and has never consented to the removal of lands from the state. Calling the decision "just the latest action from the secretary of the interior and the BIA that is not in the best interest of the state," Paterson said, "We simply can not allow this decision to stand as it will have a devastating effect on Madison and Oneida counties, and set a dangerous precedent for similar cases across the state." "My office will not sit back while the DOI runs roughshod over New York state's constitutional right to determine the best use of its lands," said Cuomo. "Interior's rush to judgment ignored the devastating and permanent financial and environmental impacts their decision will have on surrounding communities and the state as a whole. It is also contrary to U.S. Supreme Court precedent against the creation of a 'patchwork' of sovereign jurisdictions." Cuomo said the legal action is to "preserve the sovereign rights of the state and the people of New York." Oneida County Executive Anthony J. Picente said, "We stand ready to negotiate a settlement with all parties involved in this long-running dispute with the hope that we can once and for all work together for the benefit of Oneida County and New York state." Madison County Board of Supervisors Chairman John Becker said in the statement, "I'm gratified the counties' and state legal team have prepared a formidable appeal for challenging the trust application. This is a time for leadership and I encourage the governor and all parties to work out a final resolution." The BIA has agreed to wait at least until a decision by the Second Circuit Court of Appeals has been handed down before taking the land into trust. The state is encouraging the counties and the Oneida Indian Nation to negotiate a resolution. Becker said the governor's office had called him on Thursday morning and scheduled a meeting with Sean Maloney, first deputy secretary to the governor. Those from the board who will attend the Tuesday meeting in Albany are Becker; Richard Bargabos, Smithfield supervisor; James Rafte, City of Oneida supervisor Wards 4-5-6; and Paul Miller, acting county manager. Paterson's press spokesperson, Morgan Hook, said the governor would be able to meet with the county officials face-to-face by the end of July. City of Oneida Mayor Peter Hedglon said the city is filing its own appeal through the law firm of Hiscock and Barclay in Syracuse. "The appeal made by the counties and the state are supposed to protect the interest of the city," said Hedglon. "We are filing separately because the state has declined to share its challenge with us and we are unable to determine if the challenge adequately protects the interests of the city." The towns of Vernon and Verona have also filed suits. Verona Supervisor Owen Waller said, "We are ready to go and we are taking it to the end." In response to the lawsuits, The Oneida Indian Nation said, "The United states government has made its final decision following unprecedented levels of participation by our community. The matter is now over. The state and the counties, however, feel compelled to sue the federal government. Unfortunately, the people of Madison and Oneida counties are now stuck paying the lawyers' fees for both sides of the case-the federal government on one side and the state and counties on the other side. In this economy, the last thing our community ought to be doing is footing the bill on both sides of a costly lawsuit that benefits nobody." At Wednesday's meeting of Madison County's Native American Affairs Committee, County Attorney S. John Campanie said that "although there was lack of acquisition activity by the Nation while the decision of the trust was pending, since the decision was made, the Oneida Nation has purchased more land in Madison County. A transaction in April for a lot in the Kyser Beach Road area was filed in June."
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