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OCTOBER 23, 2000

Forgoing a jury trial, US District Judge Richard J. Arcara decided last week he will rule on the land claim of the Seneca Nation of New York.

The tribe has an outstanding claim to Grand Island and other islands on the Niagara River in upstate New York. The tribe says the transfer of the island and 19 others in 1815 to the state for $1,000 was illegal under the 1790 Non-Intercourse Act.

The Justice Department has sided with the tribe, potentially adding 18,000 private landowners to the suit. In the Oneida Nation land claims, the Department and the tribe weren't allowed to add landowners to their suit due to a recent ruling by Judge Neal McCurn, who is also handling the Cayuga land claims.

A jury in February decided the Cayuga claim to 64,000 acres of land was worth $36 million. McCurn is deciding whether to add, if any, interest or other penalties to the award.

Arcara is expected to make a ruling within the coming months. Both sides are to resume arguments before Arcara next month.

Representative John J. LaFalce and the town of Grand Island are asking the Justice Department to reconsider its position on the Seneca case.

Related Stories:
Congressman's ad attacks land claims (The Talking Circle 10/20)

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