By Associated Press
Albany, NY – A federal appeals court Thursday backed the state against claims by the Seneca Nation of Indians that New York's appropriation of Grand Island in 1815 and a portion of the route for the state Thruway in 1954 were invalid.
In separate rulings, the Second Circuit U.S. Court of Appeals upheld federal judges' findings that the land transactions were proper.
Lawyers for the Senecas had argued that an easement negotiated by the state Thruway Authority for land to build the state Thruway through the Senecas' Cattaraugus reserve about 30 miles south of Buffalo was improper. The Indian nation got $75,000 for the easement and individual landowners were also compensated for their property.
The Senecas also contended that the 1815 purchase of Grand Island was not legal because it has never been approved by Congress. The tribe had argued it won title to the property under the 1794 Treaty of Canandaigua. But the three-judge panel said it appears the state already held proper title to Grand Island before making the agreement with the Senecas, meaning any deficiencies in that transaction were moot.
The Senecas in 1815 agreed to transfer ownership of Grand Island, a 19,000-acre island in the Niagara River just northwest of Buffalo, for $1,000 and annual annuity payments of $500. Several other, smaller islands in the Niagara River were also part of the Senecas' land claim.
The Senecas initially challenged the Grand Island purchase in the 1950s, according to court papers, and filed the land claim against the Thruway easement in 1993.
Seneca Indian Nation President Rickey Armstrong said Thursday evening he had not seen or been told of the decision.
"Our attorneys haven't informed us of anything today," he said. "I'd have to wait and see what the wording was."
Todd Alhart, a spokesman for Gov. George Pataki, said the governor's office was pleased by the ruling.
"If necessary, we will continue to take whatever steps are needed to protect the landowners and property owners of Grand Island," Alhart said.
Associated Press Writer Carolyn Thompson contributed to this report from Buffalo.
Copyright 2004, The Associated Press