A split federal appeals panel yesterday rejected a lower court’s determination that the Oneida Indians could be eligible for compensation for some 250,000 acres of central New York that their ancestors sold to the state after the Revolutionary War.
The potential for the Oneidas to receive compensation for what Northern District Judge Lawrence E. Kahn called “non-possessory” rights to ancestral lands held for generations by non-Oneidas is prohibited under two 2005 rulings, the U.S. Court of Appeals for the Second Circuit decided 2-1 yesterday in The Oneida Indian Nation v. County of Oneida, 07-2430-cv(L), 07-5248-cv(XAP), 07-2550-cv(XAP).
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