<+>=<+>KOLA Newslist<+>=<+>
 

[article provided by Lona. Thanks!]

02/29/2000

Cayuga claim is about land
By Jamie Monastyrski
Today staff

VERSAILLES, N.Y. - No amount of money, including the recent $37 million
recommendation made by a federal court jury, will compensate the Cayuga
Indian Nation for lands lost to the state "illegally" in deals made almost
200 years ago.

After two weeks of testimony and evidence, a nine-member U.S. District Court
jury recommended the Cayugas receive $35 million for the lost homeland. In
essence it's rent money for a 204-year period - about $17,000 per year. The
Cayugas are calling the amount "ridiculous."

"The whole land claim was never about money, it was about land," said Clint
Halftown, a member of the Heron Clan and representative to the chiefs.
"Where can you rent land anywhere at that price? We wouldn't even take $500
million. We want the land back, it's as simple as that."

The $35 million recommendation is assessed value of the 64,015-acre claim
area with another $1.9 million as rent for its use and occupancy.

Reports state that Gov. George Pataki called the amount "a fair and
reasonable verdict" that "fairly compensated the Cayuga Nation."

Before the trial, a court-appointed mediator offered a settlement of $120
million while a federal appraiser estimated the 100-square mile tract was
worth $335 million. Judge Neal McCurn

The New York Attorney General's office said the trial should be winding down
after the judge returns with a decision on interest on the back rent and
deductions for public infrastructure. The next phase of the trial will
involve both sides presenting expert testimony to the judge who will make
the final decision on the value of the land and the final amount that will
be paid to the Cayugas.

Even though Cayugas want land instead of money, Judge Neal McCurn limited
the jurors to considering a monetary amount. The Cayugas also said they
would not evict anyone from their property but instead would use the award
to buy land from willing landowners.

The defense team holds that the state of New York hasn't broken any federal
law or treaty, according to a spokesperson for the attorney general's
office.

The Haudenosaunee or Six Nations Confederacy was founded more than a
thousand years ago, pre-dating the establishment of the United States. The
Seneca, Cayuga, Onondaga, Oneida, Mohawk and Tuscarora make up the
Haudenosaunee who since earliest contact negotiated agreements recorded on
wampum belts. These belts along with government-enacted treaties provided a
historical framework for future generations of discussions, agreements and
promises made regarding the land.

The courts have already recognized that the Haudenosaunee still own much of
their original land. Federal treaties such as the Fort Stanwix Treaty of
1784 and the Canandaigua Treaty of 1794 have legally recognized the land
claims.

In 1974, the U.S. Supreme Court decided Indian Nations could still make a
claim for lands lost through violation of federal treaties.

"They have to live up to their word and their honor," said Halftown. "We're
not asking for a new law to be drawn up. It's theirs and they hate us for
asking them to follow it."

Like the Oneida land claim, the Cayuga claim caused tension and fear among
residents who occupy the land. The United Citizens for Equality, a
grass-roots group that opposes the claims, said they are opposed to handing
over any land to the tribe.

"They need to learn their history," said Halftown. "The state knowingly
violated federal law and sold it to innocent land owners. We're not the ones
that lied to them. We are the legal and rightful landowners."

He added that no individual landowner would be under the threat of eviction,
as they fear. "They would only have new landlords."

The Cayuga lawyers asked for a change of venue since four jurors live within
the land claim area. They said they feared bias and misinformation would
affect a jury decision. Chief of the Onondaga Nation, Irving Powless, said
the jury didn't get to hear the most important voice in the land claims
case - "those of the Cayuga people."

The federal judge has yet to set a new date but has given the tribe 60 days
to enter motions on the recommendation. "At that time we'll either accept a
decision or file an appeal," said Halftown.

©2000 Indian Country Today
 

<+>=<+>
Information Pages: http://users.skynet.be/kola/index.htm
Online Petition: http://kola-hq.hypermart.net
Greeting Cards: http://users.skynet.be/kola/cards.htm
<+>=<+>
if you want to be removed from the KOLA
Email Newslist, just send us a message with
"unsub" in the subject or text body
<+>=<+>