In any event, that argument again fails to explain why the doctrines of laches, collateral estoppel or statute of limitations should not apply 200 years later in the case of the tribes, just as it would for any OTHER legal matter. The only reason it wasn't applied from the beginning was "PC," and the hopes that we (the United States) could buy off the Indians with a state park in a rural community and some cash.
The theft of the land, and it WAS theft, should be admitted to. Period. Maybe the state should give up some of it's own land, but instead the state makes the taxpayers the ones who will lose out. I think that the indians AND the taxpayers should band together, and let the state know that it screwed up, and should work together to fix this issue.
It doesn't appear that either side is 100%'right', but either way the situation MUST be resolved. The longer the state ignores the problem, the worse it gets...