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Nation Announces Plan to Eliminate Rent and Eviction
in Land Claim Lawsuit
ONEIDA NATION HOMELANDS — The Oneida Nation’s Men’s Council and Clan Mothers today announced they are taking legally binding steps to remove any fear of damages, rent and eviction being sought against private landowners in the lawsuit over the Nation’s land claim.
The Nation filed two key documents with U.S. District Court Judge Neal McCurn this morning, both designed to protect private property owners as the land claim lawsuit moves through court.
The first is a legally binding stipulation agreement, in which the Nation agrees to give up its rights to seek any damages from private landowners – including rent and eviction. In return for this guarantee, the State and Madison and Oneida Counties would have to agree not to use the stipulation agreement against the Nation in court (e.g., arguing that the Nation abandoned its claims by offering or signing the stipulation).
In order for private landowners to have this legally binding protection, the State and the Counties must sign the stipulation agreement.
In addition, the Nation has asked Judge McCurn to separate the proposed defendants in the lawsuit and let the case against the State proceed first. If the judge agrees to this request, private property owners would not be added as defendants to the lawsuit at this time. The goal of this request — and the long-standing goal of the Oneida Nation — is to get full restitution from the State for its conduct in depriving the Nation of its federally guaranteed reservation.
"The best protection for private landowners is the stipulation agreement, because it would protect them no matter what happens in court," Nation Representative Ray Halbritter said. "The Men’s Council and Clan Mothers have an obligation to the Oneida people to preserve our rights in court. But, now that a return to court appears unavoidable, we believe it is essential to do everything within our power to ensure that private property owners are not threatened.
"Throughout the negotiations that began last year, we made it clear
that we did not want to force people from their homes or even collect rent from
them," Halbritter said. "Now we are making our position clear to the
court. The landowners in this region have endured nearly a year and a half of
uncertainty over their future. We hope that the steps we have taken today will
end that uncertainty and help open the door for frank and honest discussion
of the issues that face us."
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