Land owned by a sovereign government can't be taken away by another government, a federal judge ruled on Wednesday.

In a 22-page decision, U.S. District Judge David Hurd said officials in Madison County, New York, can't foreclose on land owned by the Oneida Nation. "The seizing of land owned by a sovereign nation strikes directly at the very heart of that nation�s sovereignty," he wrote [PDF].

The decision is a major win for the Oneida Nation. The tribe has suffered a string of setbacks ever since the U.S. Supreme Court in March ruled that the tribe must go through the land-into-trust process before claiming sovereignty on its ancestral territory.

The move prompted local officials to issue property tax bills to the tribe and start foreclosure and title proceedings. The tribe has since proposed agreements to pay the bills but remained firm that its land couldn't be taken away.

Hurd agreed that the tribe must pay property taxes but said the tribe has preserved its immunity from lawsuits to collect such taxes.

Get the Story:
Legal twist boosts Oneidas (The Syracuse Post-Standard 10/28)
Ruling for Oneidas draws criticism (The Syracuse Post-Standard 10/28)
Judge: Can't foreclose Oneidas (The Auburn Citizen 10/28)

Relevant Links:
Oneida Nation, New York - http://www.oneida-nation.net

Oneida Nation Decision:
Syllabus | Opinion [Ginsburg] | Concurrence [Souter] | Dissent [Stevens]

Cayuga Decision:
Cayuga Nation v. New York (June 28, 2005)

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