Land verdict unlocks possibilities

Press, 6 March 1985, Page 10

Land verdict unlocks possibilities

NZPA-AP Washington The United States Supreme Court opened the way yesterday to what state and local officials say could be hundreds of millions of dollars in land claims by Indian tribes.

The court ruled, 5-4, that the Oneida Indians were entitled to additional compensation for land sold by the tribe to New York in 1795.

Justice Lewis Powell, writing for the Court, said, “One would have thought that claims dating back for more than a century and a half would have been barred long ago.” “But New York state and

county officials and the court itself have failed to find any applicable statute of limitations or other relevant legal basis for holding that the Oneidas’ claims are barred or otherwise have been satisfied.”

The Court urged Congress to resolve the problem. "This litigation makes abundantly clear the necessity for Congressional action,” Justice Powell said. The Oneida Indians and the Reagan Administration noted that such Congressional efforts already had begun. The Oneidas sought additional compensation for 353 ha of land sold to New York

in 1795. Lower courts ordered Madison County, New York, to pay nearly SUS9IOO ($20,475) and Oneida County about SUS67OO ($15,075) to the tribe.

The figures were based on the fair rental value of the land for the years 1968 and 1969, the two years preceding the filing of the tribe’s suit. The Court upheld an Appeals Court ruling that the Indian land has been occupied illegally for nearly two centuries because the Federal Government did not take part in the original 1795 transfer.

State and local officials say that the ruling could

have far-ranging impact because it could open the way to new claims by the Oneidas and other tribes to vast portions of the eastern United States. State and county officials said that the Indians now could demand a return of the land plus hundreds of millions of dollars in rent.

At stake they said, could be the homes, farms, and businesses of thousands of residents of New York and other states.

The Supreme Court yesterday said that more lower court hearings could decide what limits should be placed on any future similar Indian claims.