COUNTY OF ONEIDA

 RALPH J. EANNACE, JR.

Office of the County Executive

 County Executive

ONEIDA COUNTY OFFICE BUILDING

800 PARK AVENUE, UTICA, NEW YORK  13501
(315) 798-5800 FAX (315) 798-2390

       

This letter is important to all residents of towns in Oneida County that are partially or wholly within the "Oneida land claim" area. Your property may or may not be included in this claim area. (The 200 year old boundaries are unclear.)

                                                                                        December 19, 1998

Dear Neighbor:

        I share your frustration and pain in the recent turn of events in the Oneida Indian land claim case. Last week we all were informed of a proposed amendment to the more than twenty year old complaint filed by three groups of Oneida Indians and the U. S. Department of Justice. The amended complaint seeks the right of possession to 250,000 acres of land in Oneida and Madison Counties. We must persevere with calm but firm determination to move all parties who are involved in the negotiations to a long overdue solution to this lawsuit.

        As your County Executive, I have spoken several times with many parties to this lawsuit to encourage a fair settlement. In the past several days, I have had opportunities to push for more negotiations again with many of the parties involved.

To help us all to better understand the lawsuit, I would like to outline the process:

  • The action of last week is a motion to amend the complaint in Federal Court to add new parties and demands for possessions of the land: the motion to allow this amendment will come before a Federal Judge for a decision in late March.

Oneida and Madison Counties have condemned this proposal by the Oneidas and the U. S. Justice Department, and we will fight against it.

This means no party will be allowed to sue for possession of our land unless the Federal Judge gives permission to the Oneidas and U. S. Justice Department to proceed with the amended complaint. Only if the Judge gives permission to amend the complaint does the Court then decide what properties would be included, and then get to settlement issues. We have continuously heard from the U. S. Justice Department and the New York Oneidas that they prefer a settlement that does not include the taking of private land.

  • All final settlements must be approved by Congress.

The U. S. Department of Justice has assured Congressman Boehlert that the Justice Department will not favor any settlement that includes taking land from private citizens.

As Congressman Boehlert has pointed out to the Justice Department, a settlement that takes private land from property owners would "surely fail in Congress, where it ultimately must be approved."
  • Governor Pataki has issued a statement that New York State will stand by its citizens including hiring a law firm to represent the property owners if the Judge allows the amendment.

Oneida County Board of Legislators and I have asked the Governor and our State Representatives to provide for the State to pay any damages assessed against local property owners and reimburse our local municipalities and school districts for lost real property tax payments pending the end of this lawsuit.

The Governor offers his assurances to us that he will help reach a settlement and will consider our additional requests.
  • Congressman Boehlert, Governor Pataki, and I are determined that the only solution to this lawsuit must be, and will be, a negotiated settlement that will not take anyone’s homes, businesses, or land in any direct or indirect manner, including rent payments.

We are continuing to push for all parties to immediately negotiate and resolve the issues. If there is no progress made by March when the Judge considers allowing the parties to proceed with the amended complaint, we support the appointment by the Judge of a Special Master.

The Judge has the authority to appoint a Special Master to force all parties to the bargaining table and negotiate a fair and equitable settlement.

        Anyone who has questions or comments on the land claim lawsuit is invited to call a special "hot line", 1-800-541-0151, Monday through Friday, 9:00AM to 4:00PM, and ask for the Land Claim Hot Line. We will also provide, upon request, copies of a "Statement of Principles" that Oneida and Madison Counties issued last year to guide negotiations. Information will also be available at our Web Site : http://www.oneidacounty.org or you can contact us through our e-mail at : oneidacounty@oneidacounty.org.

        We are currently scheduling public meetings to give you the opportunity to review your questions with me and the County’s attorneys. These meetings will be announced to the news media as soon as they can be arranged.

        Please be assured that I believe a proper solution to the land claim will be and must be a settlement that will protect you and your property. This is a top priority for me and one which involves my daily effort. We need and want to work with all of you to get this matter resolved.

Sincerely,

 

Ralph J. Eannace, Jr.
Oneida County Executive