City of Sherrill v. Oneida Indian Nation of NY

125 S. Ct. 1478, 18 Fla. L. Weekly Fed. S 199, 161 L. Ed. 2d 386, 544 U.S. 197, 2005 U.S. LEXIS 2927, 35 Envtl. L. Rep. (Envtl. Law Inst.) 20065, 73 U.S.L.W. 4242
CourtSupreme Court of the United States
DecidedMarch 29, 2005
Docket03-855
StatusPublished
Cited by233 cases

This text of 125 S. Ct. 1478 (City of Sherrill v. Oneida Indian Nation of NY) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Sherrill v. Oneida Indian Nation of NY, 125 S. Ct. 1478, 18 Fla. L. Weekly Fed. S 199, 161 L. Ed. 2d 386, 544 U.S. 197, 2005 U.S. LEXIS 2927, 35 Envtl. L. Rep. (Envtl. Law Inst.) 20065, 73 U.S.L.W. 4242 (U.S. 2005).

Opinions

[202]*202Justice Ginsburg

delivered the opinion of the Court.

This case concerns properties in the city of Sherrill, New York, purchased by the Oneida Indian Nation of New York (OIN or Tribe) in 1997 and 1998. The separate parcels of land in question, once contained within the Oneidas’ 300,000-acre reservation, were last possessed by the Oneidas as a tribal entity in 1805. For two centuries, governance of the area in which the properties are located has been provided by the State of New York and its county and municipal units. In County of Oneida v. Oneida Indian Nation of N. Y., 470 U. S. 226 (1985) (Oneida II), this Court held that the Oneidas stated a triable claim for damages against the County of Oneida for wrongful possession of lands they conveyed to New York State in 1795 in violation of federal law. In the instant action, OIN resists the payment of property taxes to Sherrill on the ground that OIN’s acquisition of fee title to discrete parcels of historic reservation land revived the Oneidas’ ancient sovereignty piecemeal over each parcel. Consequently, the Tribe maintains, regulatory authority over OIN’s newly purchased properties no longer resides in Sherrill.

Our 1985 decision recognized that the Oneidas could maintain a federal common-law claim for damages for ancient wrongdoing in which both national and state governments were complicit. Today, we decline to project redress for the Tribe into the present and future, thereby disrupting the governance of central New York’s counties and towns. Generations have passed during which non-Indians have owned and developed the area that once composed the Tribe’s historic reservation. And at least since the middle years of the 19th century, most of the Oneidas have resided elsewhere. Given the longstanding, distinctly non-Indian character of the area and its inhabitants, the regulatory authority constantly exercised by New York State and its counties and towns, and the Oneidas’ long delay in seeking judicial relief against parties other than the United States, we hold that [203]*203the Tribe cannot unilaterally revive its ancient sovereignty, in whole or in part, over the parcels at issue. The Oneidas long ago relinquished the reins of government and cannot regain them through open-market purchases from current titleholders.

I

A

OIN is a federally recognized Indian Tribe and a direct descendant of the Oneida Indian Nation (Oneida Nation), “one of the six nations of the Iroquois, the most powerful Indian Tribe in the Northeast at the time of the American Revolution.” Id., at 230. At the birth of the United States, the Oneida Nation’s aboriginal homeland comprised some six million acres in what is now central New York. Ibid.; Oneida Indian Nation of N. Y. v. County of Oneida, 414 U. S. 661, 664 (1974) (Oneida I).

In the years after the Revolutionary War, “the State of New York came under increasingly heavy pressure to open the Oneidas’ land for settlement.” Oneida II, 470 U. S., at 231. Reflective of that pressure, in 1788, New York State and the Oneida Nation entered into the Treaty of Fort Schuyler. For payments in money and kind, the Oneidas ceded to New York “all their lands.” App. to Pet. for Cert. A136. Of the vast area conveyed, “[t]he Oneidas retained a reservation of about 300,000 acres,” Oneida II, 470 U. S., at 231, “for their own use and cultivation,” App. to Pet. for Cert. A137 (internal quotation marks omitted).1 OIN does [204]*204not here contest the legitimacy of the Fort Schuyler conveyance or the boundaries of the reserved area.

The Federal Government initially pursued a policy protective of the New York Indians, undertaking to secure the Tribes’ rights to reserved lands. See Oneida II, 470 U. S., at 231-232; Oneida I, 414 U. S., at 667; F. Cohen, Handbook of Federal Indian Law 418-419 (1942 ed.); F. Cohen, Handbook of Federal Indian Law 73-74 (1982 ed.) (hereinafter Handbook). In 1790, Congress passed the first Indian Trade and Intercourse Act, commonly known as the Nonintercourse Act. Act of July 22, 1790, ch. 33, 1 Stat. 137. Periodically renewed, see Oneida I, 414 U. S., at 667-668, and n. 4, and remaining substantially in force today, see Rev. Stat. §2116, 25 U. S. C. § 177, the Act bars sales of tribal land without the acquiescence of the Federal Government.2 In 1794, in further pursuit of its protective policy, the United States entered into the Treaty of Canandaigua with the Six (Iroquois) Nations. Act of Nov. 11,1794, 7 Stat. 44. That treaty both “acknowledge^]” the Oneida Reservation as established by [205]*205the Treaty of Fort Schuyler and guaranteed the Oneidas’ “free use and enjoyment” of the reserved territory. Id., at 45, Art. II. The Oneidas in turn agreed they would “never claim any other lands within the boundaries of the United States.” Id., at 45, Art. IV.

New York State nonetheless continued to purchase reservation land from the Oneidas. The Washington administration objected to New York’s 1795 negotiations to buy 100,000 acres of the Oneidas’ Reservation without federal supervision. Oneida II, 470 U. S., at 229, 232. Later administrations, however, “[made not] even a pretense of interfering] with [the] State’s attempts to negotiate treaties [with the Oneidas] for land cessions.” Oneida Nation of N. Y. v. United States, 43 Ind. Cl. Comm’n 373, 385 (1978); see also id., at 390; Campisi, The Oneida Treaty Period, 1783-1838, in The Oneida Indian Experience: Two Perspectives 48, 59 (J. Campisi & L. Hauptman eds. 1988) (hereinafter Campisi). See generally Gunther 6 (“New York acquired much land from Indians through treaties — perhaps as many as 200 — not participated in, though apparently known and not objected to, by the national government.” (footnote omitted)).

The Federal Government’s policy soon veered away from protection of New York and other east coast reservations. In lieu of the commitment made in the Treaty of Canandai-gua, the United States pursued a policy designed to open reservation lands to white settlers and to remove tribes westward. D. Getehes, C. Wilkinson, & R. Williams, Cases and Materials on Federal Indian Law 94 (4th ed. 1998) (After the Louisiana Purchase in 1803, federal policymakers “began to debate the tactics of inducing [eastern Indians] to exchange their remaining ancestral lands for a permanent territory in the West.”). As recounted by the Indian Claims Commission in 1978, early 19th-century federal Indian agents in New York State did not simply fail to check New York’s land purchases, they “took an active role ... in encouraging the removal of the Oneidas ... to the west.” [206]*206Oneida Nation of N. Y., 43 Ind. Cl. Comm’n, at 390; see id., at 391 (noting that some federal agents were “deeply involved” in “plans ... to bring about the removal of the [Oneidas]” and in the State’s acquisition of Oneida land). Beginning in 1817, the Federal Government accelerated its efforts to remove Indian tribes from their east coast homelands. Handbook 78-79, and n. 142.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

United States v. Abouselman
976 F.3d 1146 (Tenth Circuit, 2020)
Oneida Nation v. Village of Hobart, Wisconsin
968 F.3d 664 (Seventh Circuit, 2020)
United States v. Frey
First Circuit, 2020
Cayuga Nation v. Tanner
Second Circuit, 2016
Nebraska v. Parker
577 U.S. 481 (Supreme Court, 2016)
Fredericks v. United States
125 Fed. Cl. 404 (Federal Claims, 2016)
Shinnecock Indian Nation v. New York
628 F. App'x 54 (Second Circuit, 2015)
Shinnecock Indian Nation v. United States
782 F.3d 1345 (Federal Circuit, 2015)
Hamaatsa, Inc. v. Pueblo of San Felipe
2013 NMCA 094 (New Mexico Supreme Court, 2013)
Hamaatsa, Inc. v. Pueblo of San Felipe
New Mexico Court of Appeals, 2013
Citizens Against Casino Gambling v. Stevens
945 F. Supp. 2d 391 (W.D. New York, 2013)

Cite This Page — Counsel Stack

Bluebook (online)
125 S. Ct. 1478, 18 Fla. L. Weekly Fed. S 199, 161 L. Ed. 2d 386, 544 U.S. 197, 2005 U.S. LEXIS 2927, 35 Envtl. L. Rep. (Envtl. Law Inst.) 20065, 73 U.S.L.W. 4242, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-sherrill-v-oneida-indian-nation-of-ny-scotus-2005.