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03-855 SHERRILL V. ONEIDA INDIAN NATION OF NEW YORK DECISION BELOW: 337 F3d 139 CERT. GRANTED 6/28/2004 QUESTION PRESENTED: 1. Whether alleged reservation land is Indian Country pursuant to 18 U.S.C. § 1151 and this Court's decision in Alaska v. Native Village of Venetie Tribal Gov't, 522 U.S. 520 (1998) ("Venetie") where the land was neither set aside by the federal government nor superintended by the federal government? 2. Whether alleged reservation land was set aside by the federal government for purposes of Indian Country analysis under 18 U.S.C. § 1151 and Venetie where the alleged reservation was established by the State of New York in the 1788 Treaty of Fort Schuyler, and not by any federal treaty, action or enactment? 3. Whether the 1838 Treaty of Buffalo Creek, which required the New York Oneidas to permanently abandon their lands in New York, resulted in the disestablishment of the Oneida's alleged New York reservation? 4. Whether alleged reservation land may (i) remain Indian Country or (ii) be subject to the protections of the Non-Intercourse Act, 25 U.S.C. § 177, if the tribe claiming reservation status and Non-Intercourse Act protection ceases to exist? LOWER COURT CASE NUMBER: 01-7795, 01-7797
The U.S. Supreme Court case City of Sherrill, New York v. Oneida Indian Nation of New York in 2004 revolved around the issue of land sovereignty and taxation rights. The Oneida Indian Nation purchased lands within their historic reservation boundaries that had been sold to non-Native Americans in the late 18th century and claimed they were exempt from local taxes since it was tribal land. However, the city argued that these properties should be taxed because they were under its jurisdiction for over two centuries after being bought by non-Indians following a treaty with the state government. The court ruled against the tribe, stating that even though there may have been an illegal seizure of tribal lands in history, too much time had passed (laches) for them to reclaim sovereignty over this territory now integrated into Sherrill's municipal domain without disrupting settled expectations.
In the dissenting opinion for City of Sherrill, New York v. Oneida Indian Nation of New York, Justice Stevens argued that the majority's decision was inconsistent with previous rulings and principles regarding Native American land rights. He contended that the court had no authority to impose a temporal limitation on the Oneidas' sovereignty over their ancestral lands based on an "equitable" principle not found in any treaty or federal statute. The justice also criticized the majority's reliance on disruptive consequences as justification for denying tribal sovereignty, arguing it undermined established legal precedents protecting indigenous rights. Furthermore, he expressed concern about how this ruling could potentially affect other tribes who have similarly reacquired portions of their historical territories.