City of Sherrill v. Oneida Indian Nation

Paper Summary:

The paper provides a summary of the conflict, the contentions of each party and the subsequent court decisions. The paper examines the U.S. Supreme Court's decision that the Oneida Nation had to pay the property tax on the land that they claimed had the status of Indian reservation land. The paper discusses how the guarantees set out in both U.S. federal and state laws in relation to reservation land would not apply in this case as the Indian Nation had sold the land willingly and then after 200 years repurchased the land in the free-market. The paper notes the interest of the researcher in this case.

Outline:
Objective
Summary of the Conflict
Summary of the Contention of Each Party
Summary of Court Decisions
Discussion
Statement of Interest in This Case

From the Paper:

"The Oneida Indian Nation of New York descends directly from the Oneida Indian Nation. The Oneida Nation's aboriginal homeland is stated to be formed by approximately six million acres in central New York State and owned land that stretch "...from Pennsylvania border to the St. Lawrence River and from Lake Ontario to the Adirondack foothills." (Grant, 2005) In the year of 1785 the Oneida Tribe sold 300,000 acres in the Treaty of Fort Herkimer to the State of New York. In the year of 1788, New York Sate and the Oneida Indian Nation entered into a treaty with the Oneidas releasing the lands they owned to the Sate of New York."

Sample of Sources Used:

• City of Sherrill, New York v. Oneida Indian Nation of New York et al. Certiorari to the United States Court of Appeals for The Second Circuit. NO. 03-855. Argued January 11, 2005 - Decided March 29, 2005. Online available at: http://a257.g.akamaitech.net/7/257/2422/29mar20051045/www.supremecourtus.gov/opinions/04pdf/03-855.pdf.
• Grant, Alexis (2006) Indian Sovereign: Taxation Without Reservation. Medill News Journalism Service. On The Docket 2004-2005 Term. Northwestern University. Online available at: http://docket.medill.northwestern.edu/archives/001406.php.
• Labor Law Talk (2007) City of Sherrill, New York v. Oneida Indian Nation. Legal Information Institute. Law Bulletin. Cornell University. Online available at: http://www.laborlawtalk.com/showthread.php?t=111900.
• Sherrill, NY V. Oneida Indian Nation of New York, et al. (2006) Medill Journalism. On The Docket 2004-2005 Term. Northwestern University. Online available at: http://docket.medill.northwestern.edu/archives/000862.php.
• Madison County Department of Law (2006) Land-In-Trust Application of Oneida Nation of New York per Letter date September 20, 2005, Proposed Acquisition of over 17,300 Acres. Online available at: http://www.madisoncounty.org/motf/MadCoSJCoin.htm

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