Land Claims Questions & Answers

Q. Why is the Oneida Nation going back to court on its land claim? Hasn't there already been a ruling?

A. In 1985 the U.S. Supreme Court ruled that New York State illegally took from the Oneida Indian Nation about 270,000 acres of land in Central New York. In an effort to settle that claim, the Nation entered into negotiations with the State of New York. The Nation pursued the settlement route exclusively for more than a decade to no avail; now it is time to take other steps to seek a speedy resolution of its claim. The only way the Nation can protect the interests of future generations is to move forward with its land claim.

Q. Who is filing the amended complaint, and who is being sued?

A. The Oneida Nation, along with the Oneida Tribe of Indians of Wisconsin and the Oneida of the Thames from Ontario, Canada, have filed an amended complaint to expand the land claim case to include New York State. The U.S. Justice Department is filing a nearly identical amended complaint in support of the Nation. Named as defendants are New York State, Oneida and Madison counties and selected large landowners including the New York State Thruway Authority , Niagara Mohawk Power Corporation and Oneida Valley National Bank as well as a class of defendants who own property within most of the land claim boundary. New York State is the primary defendant as it perpetrated the original wrong, engaging in illegal treaties to deprive Oneidas of their homeland.

Q. Why is the United States a party to the lawsuit and what is its position?

The United States has an interest in seeing that all of its citizens are treated fairly and that federal law is respected. The United States has a special duty to Indian nations who for many years were not given the same rights as other citizens. The United States has determined that the Nation was not treated fairly by New York State and that the state's actions in taking Nation lands were illegal. The United States is filing an amended complaint in support of the Oneidas that is almost identical to the one filed by the Nation.

Q. Why are homeowners being sued as a class?

A. The Oneidas in New York, Wisconsin and Canada, and the Justice Department, have no choice but to contest the illegal acquisition by New York of all of its lands. Unfortunately, the State of New York no longer occupies much of the land. The Oneidas cannot assert their rights to the land claim area without including current occupants of the property. Failure to do so would jeopardize the Oneidas' rights to the claim.

Q. What do the Oneidas want?

A. The Oneidas continue to seek a fair and equitable resolution to this land claim. The Nation wants to assure that generations of Nation Members to come have a secure and prosperous future. Such a future is rooted in recovery of the Nation's sacred ancestral lands -- lands reserved to the Nation through numerous treaties with the U.S. government.

Q. Does this mean the Oneidas want to take land away from individual property owners?

A. No. The Nation has always said it does not want individuals to lose their land and homes. The Oneida People know what it means to be dispossessed of their homeland, and do not want the same to happen to others. Nevertheless, the Nation has an obligation to its people to secure the future for the seventh generation of Oneidas to come. The claim endorsed by the Supreme Court is a claim for possession, and individual landowners possess the vast majority of the land in the claim area. The Oneidas have no choice but to assert their claim against the current occupants of the land.

Q. On what is the land claim based?

A. The Oneida Nation existed as a sovereign nation with recognized borders long before the United States came into existence. The treaties on which the Nation's land claim is based memorialized the legal right of the Nation to own, possess, govern and control its lands. The Oneidas sided with the colonists in the American Revolution, becoming the new nation's first allies. During the brutal winter of 1777, Oneidas even carried bushels of corn hundreds of miles to General Washington's starving troops at Valley Forge, Pennsylvania. In recognition of their support, the U.S. and Oneidas signed several treaties, including the Treaty of Canandaigua in 1794, which confirmed that approximately 270,000 acres of land were reserved to the Oneidas

to be their property; and that the U.S. would never claim the same, nor disturb them. The Oneidas signed this treaty as a victor and ally of the U.S.

Q. Then how was the land "lost"?

A. Between 1795 and 1846, 26 illegal treaties imposed by New York State deprived the Oneida Nation of most of its homeland. Each of these 26 treaties were in violation of the federal Trade and Intercourse Act, passed by Congress in 1790, which invalidated purchases of Indian lands that were concluded without valid federal consent. None were approved by the President or the Senate and are therefore invalid. The Nonintercourse Act and the Treaty of Canandaigua remain in effect today.

Q. How did the Nation seek to recover the land that was lost?

A. For decades, individual Oneidas asked for federal and state help in obtaining the return of their lands. New York refused to help and, indeed, ruled that Oneida Members could not even bring a suit in state court. In 1970, the Nation filed a suit in federal court to establish the illegality of New York's actions. Two lower federal courts ruled that they could not even address the merits of the Nation's claims. In 1974, the Supreme Court reversed those decisions and required the lower courts to hear the Oneidas' claim. In 1985, the Supreme Court again ruled in favor of the Nation and held that the Nation has a valid claim to about 270,000 acres in Central New York.

Q. Why is the Nation buying land, and what plans does it have for it?

A. The Nation continues to re-acquire its ancestral lands when pieces are offered by willing sellers on the open market. (In fact, the Nation receives numerous calls each day from people who want the Nation to buy their land.) Land is needed to ensure the Nation's economic self-sufficiency and the well-being of future generations. Having land means having a place on which to re-develop a community that was lost two centuries ago.