The Powers That Be Aren’t Just Targeting Private Property and State Property
“Cayuga Indian Nation of New York v. Pataki, 413 F.3d 266 (2d Cir. 2005), is an important precedent in the United States Court of Appeals for the Second Circuit for the litigation of aboriginal title in the United States. Applying the U.S. Supreme Court’s recent ruling in City of Sherrill v. Oneida Indian Nation of New York (2005), a divided panel held that the equitable doctrine of laches bars all tribal land claims sounding in ejectment or trespass, for both tribal plaintiffs and the federal government as plaintiff-intervenor. . .
This precedent has effectively ended the viability of all aboriginal title litigation in the Second Circuit (Connecticut, New York, and Vermont), the site of nearly all of the unresolved Indian land claims in the United States. Since the ruling, no tribal plaintiff has overcome the laches defense in a land claim in the Second Circuit.”
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