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To: Chad Fairbanks
This is happening all over the US, not just NY.

And as for the common cry of "it was taken illegally," while perhaps technically true, the term does not mean what the Indians and their proponents would have the general public believe.

The "illegal" taking of the land occurred when NYS purchased the land from the Indians, compensated them, and entered into a treaty. Almost two hundred years later, the tribe declared that the treaty was not binding because it had never been ratified by Congress ( in addition, there is some likelihood that, at the time of the purchase, there was no clear authority showing that congressional ratification was required). So the tribe sued.

Rather than apply the standard doctrines of "statute of limitations" or "laches" (doctrines that limit the amount of time under which an allegedly aggreived party can bring suit,due to the recognition of the injustice that can arise from reviving long dormant issues) that a court would apply to a non-binding contract if one of parties weren't an Indian tribe, the court held that the suit could go forward against the state, the local municipalities and the thousands of property owners who live in the land claim area.

This case is as ridiculous as if somebody sued you today because 200 years ago one of his ancestors sold the land your house sits on and forgot to have the deed notarized.

23 posted on 12/09/2001 5:21:01 AM PST by Behind Liberal Lines
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To: Behind Liberal Lines
So if the land is given back can we expect to get back items due the US? If Indian terriories are soviergn then why do we not have import taxes on goods crossing the boundry lines? If I cross the US/Canadian border I may have to pay taxes on items purchaced there and vice versa. Why is this not the same? You can't have it both ways.
24 posted on 12/09/2001 5:45:38 AM PST by Dutch Boy
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To: Behind Liberal Lines
Do you know what 'Trust' Land is? The State was not authrized to purchase the land, and the indians wo sold it were not authorized to sell it... the land was actually owned and adminstered by the feds, who told the state 'No!' (which, oddly enough, was one of the few times the feds have actually tried to honor treaty commitments), but for some reason they (the State of New York) didn't listen, and so now this is happening...

And now, once again, the indians are bad guys... go figure..

25 posted on 12/09/2001 6:15:32 AM PST by Chad Fairbanks
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