A federal judge recommends that the United States Court for the Western District of New York void a 1954 easement obtained by New York State to build a portion of the Thruway through the Seneca Nation’s Cattaraugus Territory, and order the state to negotiate a new easement with the Nation immediately.
The news was reported by the Seneca Nation’s official online newsletter.
US Magistrate Judge Michael Roemer’s recommendation comes in a report issued for the Court on motions for summary judgment filed by both the Seneca Nation and New York State.
Under the Treaty of Canandaigua, signed in 1794 by the Seneca Nation and the United States, the Nation is permanently guaranteed free use and enjoyment of its lands. Roemer, in his report, concludes New York State failed to secure federal permission for Thruway construction through the Cattaraugus Territory, thus violating the treaty.
Seneca Nation President J. Conrad Seneca, in a written statement, welcomed the recommendation: “Judge Roemer’s report is clear – the State of New York continues to operate and profit from a thruway that it never had proper authorization to build on our territory. It is beyond time for State officials to engage the Seneca Nation in meaningful negotiations to account for the State’s violation of our treaty rights, its ongoing violation of federal law, and its illegal use of our land.”
A spokesperson for the New York State Thruway Authority, in an email to Buffalo Toronto Public Media, advised that the entity is reviewing the decision and declining further comment at this time.
The Seneca Nation estimates approximately 30,000 vehicles cross its land each day, generating toll revenue for the Thruway Authority. The Seneca Nation Council, in 2008, passed a resolution to begin invoicing Albany for every vehicle that crosses through the Cattaraugus Territory.
The Seneca Nation estimates New York State, to date, owes it more than $4 billion.
President Seneca, in his written statement, expressed hope that the District Court would accept Roemer’s recommendation: “With each day that passes and each vehicle that travels the Thruway through Seneca Territory, the State benefits from the illegal use of our land, while the Nation has been denied the full use of our Cattaraugus Territory.”
