Post by blackcrowheart on Apr 29, 2006 10:59:42 GMT -5
www.oneidadispatch.com/site/news.cfm?newsid=16508936&BRD=1709&PAG=461&dept_id=68844&rfi=6
04/20/2006
State likely to pick up legal tab
By ANDREW BROWN, Dispatch Staff Writer
WAMPSVILLE - Officials from Madison and Oneida counties hope state funding will allow them to mount a better legal defense against the Oneida Indian Nation's land trust application, but it is unclear how much financial help they will be getting.
Officials from the New York State Attorney General's office recently announced that the state has agreed to pay for legal fees associated with land trust applications because state law allows it.
Advertisement
"Under Section 10 of the state law it requires that the state provide attorneys fees and litigation costs when a title of property that was derived from the state is challenged," attorney general spokesperson Christine Pritchard said. "Pursuant to this section of law the state agreed to pay for the attorneys fees and litigation costs related to the land-in-trust applications."
The agreement came about as a result of petitions by Seneca County officials to be reimbursed for money they have spent opposing the Cayuga Indians land trust application. The state agreed to pay for most of the costs already incurred by the county and all future costs.
Last year the Nation applied to have over 17,000 acres of its land in Madison and Oneida counties accepted into trust with the federal government.
Madison County Board of Supervisors Chairman Rocco DiVeronica said Madison County has submitted bills to the state through a private law firm the county hired to help them in its legal battles with the Nation. The firm, Nixon Peabody in Rochester, submits bills for their own attorneys and for Madison County Attorney John Campanie, DiVeronica said.
Neither DiVeronica nor Campanie said they knew how much it has cost the county to fight the land trust process. Dave Schraver, an attorney at Nixon Peabody, said he did not know the amount and the person at the firm in charge of billing was unavailable for comment. Oneida County Attorney Randy Caldwell said he did not know how much it has cost his county, either.
Adding to the uncertainty, Pritchard was unable to confirm that Madison and Oneida counties would be receiving state reimbursement, and said the attorney handling the issue for the attorney general's office was unavailable for comment.
Regardless of the exact amount, county officials are glad the state is doing what the law calls for.
"The state is doing what they have to do by law," DiVeronca said. "That is all we expect them to do, we don't want them to pay any more than they have to."
The Nation believes there could be an adverse side effect to the state's decision, though.
"The local politicians have no motivation whatsoever to settle any of the disputes so long as someone else is paying their legal fees to keep fighting," said Nation representative Dan Hartman.
Campanie dismissed the Nation's argument, saying the real effect of the decision will be to create more of a fair fight.
"Rather than resulting in more of a problem for our area, it actually levels the playing field somewhat when we are trying to take on an extraordinarily wealthy adversary," Campanie said. "It permits the counties and the state to arrive at a resolution that is in the best interests of the localities, and not simply as a result of somebody having an extraordinarily superior economic position."
Campanie said the lack of quality legal representation for the state and the counties is evident in decisions dating back to the 1970's. More recently, he said, the state has put up a better defense against the land claim, and it shows.
"The bottom line is this is a good thing," he said. "Exactly what will be entailed, I don't have the details, but we are grateful."
While attorneys fees and costs associated with litigation will be covered, it is unclear what else will be paid for by the state. Caldwell, for example, said he was not sure if work done by the Center for Governmental Research, a consulting firm hired by the counties to help with the opposition to the land trust, would be covered by the reimbursement agreement.
04/20/2006
State likely to pick up legal tab
By ANDREW BROWN, Dispatch Staff Writer
WAMPSVILLE - Officials from Madison and Oneida counties hope state funding will allow them to mount a better legal defense against the Oneida Indian Nation's land trust application, but it is unclear how much financial help they will be getting.
Officials from the New York State Attorney General's office recently announced that the state has agreed to pay for legal fees associated with land trust applications because state law allows it.
Advertisement
"Under Section 10 of the state law it requires that the state provide attorneys fees and litigation costs when a title of property that was derived from the state is challenged," attorney general spokesperson Christine Pritchard said. "Pursuant to this section of law the state agreed to pay for the attorneys fees and litigation costs related to the land-in-trust applications."
The agreement came about as a result of petitions by Seneca County officials to be reimbursed for money they have spent opposing the Cayuga Indians land trust application. The state agreed to pay for most of the costs already incurred by the county and all future costs.
Last year the Nation applied to have over 17,000 acres of its land in Madison and Oneida counties accepted into trust with the federal government.
Madison County Board of Supervisors Chairman Rocco DiVeronica said Madison County has submitted bills to the state through a private law firm the county hired to help them in its legal battles with the Nation. The firm, Nixon Peabody in Rochester, submits bills for their own attorneys and for Madison County Attorney John Campanie, DiVeronica said.
Neither DiVeronica nor Campanie said they knew how much it has cost the county to fight the land trust process. Dave Schraver, an attorney at Nixon Peabody, said he did not know the amount and the person at the firm in charge of billing was unavailable for comment. Oneida County Attorney Randy Caldwell said he did not know how much it has cost his county, either.
Adding to the uncertainty, Pritchard was unable to confirm that Madison and Oneida counties would be receiving state reimbursement, and said the attorney handling the issue for the attorney general's office was unavailable for comment.
Regardless of the exact amount, county officials are glad the state is doing what the law calls for.
"The state is doing what they have to do by law," DiVeronca said. "That is all we expect them to do, we don't want them to pay any more than they have to."
The Nation believes there could be an adverse side effect to the state's decision, though.
"The local politicians have no motivation whatsoever to settle any of the disputes so long as someone else is paying their legal fees to keep fighting," said Nation representative Dan Hartman.
Campanie dismissed the Nation's argument, saying the real effect of the decision will be to create more of a fair fight.
"Rather than resulting in more of a problem for our area, it actually levels the playing field somewhat when we are trying to take on an extraordinarily wealthy adversary," Campanie said. "It permits the counties and the state to arrive at a resolution that is in the best interests of the localities, and not simply as a result of somebody having an extraordinarily superior economic position."
Campanie said the lack of quality legal representation for the state and the counties is evident in decisions dating back to the 1970's. More recently, he said, the state has put up a better defense against the land claim, and it shows.
"The bottom line is this is a good thing," he said. "Exactly what will be entailed, I don't have the details, but we are grateful."
While attorneys fees and costs associated with litigation will be covered, it is unclear what else will be paid for by the state. Caldwell, for example, said he was not sure if work done by the Center for Governmental Research, a consulting firm hired by the counties to help with the opposition to the land trust, would be covered by the reimbursement agreement.