"Things may be looking up for local property owners and business owners if the Supreme Court of the United States agrees to hear Madison and Oneida counties’ complaint about continued Oneida Indian Nation tax evasion. In a document filed with the U.S. Supreme Court and dated July 9, 2010, the counties are asking the Supreme Court to do two things:

1.) Decide that tribally owned land that is not held in trust can be both taxed and foreclosed upon, and

2.) Declare that the Oneida’s “ancient reservation” has been disestablished.

In a strongly worded petition, the counties have argued that Judge Hurd and the Second Circuit have taken wrong turns when interpreting the Sherrill decision and its aftermath. The result, according to the counties, is an absurd and untenable situation in which previous decisions have been ignored or misunderstood.

According to the counties, if Hurd’s interpretation of the current situation is accurate (and it is not), then the Oneidas could purchase the Empire State Building on the open market and turn around and deprive the City of New York of all real property taxes in perpetuity. Clearly, Judge Hurd’s error needs to be corrected and the counties have made a very strong argument for the Supreme Court to hear the case."

Get the Story:
David B. Vickers: Court might clarify land issues (The Oneida Dispatch 8/3)

2nd Circuit Decision:
Oneida Nation v. Madison County and Oneida County (April 27, 2010)

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

Related Stories:
Oneida Nation foes anticipate a review by Supreme Court (4/28)
2nd Circuit blocks foreclosure suits against Oneida Nation (4/27)