Join the Conversation
Cayuga Nation wins decision on foreclosure of non-trust land
Posted: Wednesday, August 22, 2012
A county in New York can't start foreclosure proceedings against the Cayuga Nation, a federal judge ruled on Monday.
The tribe has acquired some property within its original reservation. However, the land isn't currently in trust so Seneca County started foreclosure proceedings against the tribe for failing to pay property taxes.
In a 15-page decision, Judge Charles J. Siragusa blocked the effort. He said the tribe hasn't waived its sovereign immunity.
"Even assuming that Seneca County has the right to impose property
taxes on the subject parcels owned by the Cayuga Indian Nation, it does not have the right
to collect those taxes by suing to foreclose on the properties, unless Congress authorizes
it to do so, or unless the Cayuga Indian Nation waives its sovereign immunity from suit," Siragusa wrote.
"Congress has not authorized Seneca County to sue the Cayugas, and the Cayugas have
not waived their sovereign immunity."
The decision falls in line with prior rulings within the 2nd Circuit regarding sovereign immunity and foreclosure.
The U.S. Supreme
Court was due to consider the issue in a case involving the Oneida Nation but canceled oral arguments after the tribe waived its immunity.
Turtle Talk has posted documents from the case, Cayuga Nation v. Seneca County.
Stay Connected
Contact Us
indianz@indianz.com202 630 8439 (THEZ)
Search
Top Stories
Trending in News
1 Tribes rush to respond to new coronavirus emergency created by Trump administration
2 'At this rate the entire tribe will be extinct': Zuni Pueblo sees COVID-19 cases double as first death is confirmed
3 Arne Vainio: 'A great sickness has been visited upon us as human beings'
4 Arne Vainio: Zoongide'iwin is the Ojibwe word for courage
5 Cayuga Nation's division leads to a 'human rights catastrophe'
2 'At this rate the entire tribe will be extinct': Zuni Pueblo sees COVID-19 cases double as first death is confirmed
3 Arne Vainio: 'A great sickness has been visited upon us as human beings'
4 Arne Vainio: Zoongide'iwin is the Ojibwe word for courage
5 Cayuga Nation's division leads to a 'human rights catastrophe'
More Stories
Oneida Nation hails apparent end to local foreclosure lawsuit Authorities ax case against 'Apache' man in United Kingdom
News Archive
2018 | 2017 | 2016 | 2015 | 2014 | 2013 | 2012 | 2011 | 2010 | 2009 | 2008 | 2007 | 2006 | 2005 | 2004 | 2003 | 2002 | 2001 | 2000