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Cayuga Verdict Won't Halt Onondaga Claim
02/25/2000

ONONDAGA INDIAN NATION, N.Y. (AP) _ The Onondaga Indian Nation will proceed
with its land claim against New York, even though tribal officials viewed
the jury verdict in the Cayuga's recently concluded case as a setback.

Onondaga leaders were shocked that a federal court jury awarded the Cayuga
Indian Nation only $37 million last week for 64,015 acres of lost homelands,
said Chief Irving Powless.

But the decision has no bearing on the Onondaga's intentions to claim 70,000
acres, including nearly all the city of Syracuse, he said.

"Not too far off," he said when asked about a timeframe for the Onondaga's
claim.

The Onondagas said previously that they would await the outcome of the
Cayugas' trial before filing their own claim and joining the other tribes of
the Iroquois Confederacy who have claims pending against New York.

The Onondagas will seek compensation for land that the state acquired in
treaties with them between 1790 and 1822. The Onondagas contend the land
purchases were illegal because New York did not obtain congressional
approval as required by federal law.

"I don't know if it will delay the filing," said Joe Heath, the Onondaga's
attorney, about the Cayuga verdict. "It will clearly broaden the
discussion."

Heath predicted the Cayuga verdict may result in the state being less
interested in settling future land claim suits out of court, however.

"Unfortunately, this verdict may not induce them to be responsible and try
to resolve these in a fair government-to-government basis," Heath said
Tuesday.

The Cayugas had hoped the U.S. District Court jury would award them at least
$335 million to compensate for 64,015 acres in Cayuga and Seneca counties
that New York illegally acquired in 1795 and 1807.

An appraiser for the state of New York said the Cayugas should get no more
than $51 million.

Tim Coulter, another attorney for the Onondagas, said that the jury's
verdict in the Cayuga case does not establish the amount of damages that New
York should pay the Onondagas.

"You can't equate those. It's a different land. And it will be a different
trial and a different jury," Coulter said.

Heath said that the state lost in some respects in the Cayuga case even
though the verdict was low.

"It's important to remember what has been established in this case," he
said.

"One, that New York clearly broke federal law when it took the Cayuga land.
And, that the Cayugas reserved their right to that 64,000 acres," Heath
said.

He noted that in failing to settle out of court, the state lost its ability
to negotiate a limit on the amount of land the Cayugas can purchase, or
negotiate any jurisdictional issues.

"They have the right to reacquire all of the 64,000 acres," Heath said.
"None of the issues that concerned the people have been addressed here."
 

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