Post by blackcrowheart on Mar 31, 2008 13:33:50 GMT -5
Judge backs Hobart in federal land rights case
By Malavika Jagannathan • Gannett Wisconsin Media • March 29, 2008
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GREEN BAY — A federal judge ruled Friday in favor of the village in a lawsuit between Hobart and the Oneida Tribe of Indians over land rights.
Judge William Griesbach issued a summary judgment that said fee land within the original boundaries of the tribe's reservation subsequently acquired by the tribe is subject to the village's power of eminent domain, according to his ruling.
Fee land is land that is owned by a tribe but is not placed in trust through the federal government. Trust land is exempt from a number of taxation laws.
At issue was a piece of land sold to the tribe by developer Tom Juza that wraps around a section of land south of State 29-32 and east of Forest Road. Village officials had long-range plans to extend sewer, water and roads to property to the northern part of Hobart through that land.
The village had already initiated condemnation proceedings through those properties when the tribe filed the lawsuit in federal court in December 2006 to settle condemnation, special assessment and zoning issues with the village.
The judge concluded "the village has condemnation, special assessment and taxation authority over lands purchased in fee by the Oneida Tribe of Indians." Since the land is fee land – and was owned by a third party prior to the tribe's acquirement — it is not subject to the exemptions allowed for federal tribal land.
The same issues are addressed in other state lawsuits between the two parties.
The entire village of Hobart lies within the original boundaries of the Oneida Indian Reservation. The tribe has made it clear it intends to buy back as much of that original land as possible.
Malavika Jagannathan writes for the Green Bay Press-Gazette.
By Malavika Jagannathan • Gannett Wisconsin Media • March 29, 2008
Print this page E-mail this article
Share this article: Del.icio.us Facebook Digg Reddit Newsvine What’s this?
GREEN BAY — A federal judge ruled Friday in favor of the village in a lawsuit between Hobart and the Oneida Tribe of Indians over land rights.
Judge William Griesbach issued a summary judgment that said fee land within the original boundaries of the tribe's reservation subsequently acquired by the tribe is subject to the village's power of eminent domain, according to his ruling.
Fee land is land that is owned by a tribe but is not placed in trust through the federal government. Trust land is exempt from a number of taxation laws.
At issue was a piece of land sold to the tribe by developer Tom Juza that wraps around a section of land south of State 29-32 and east of Forest Road. Village officials had long-range plans to extend sewer, water and roads to property to the northern part of Hobart through that land.
The village had already initiated condemnation proceedings through those properties when the tribe filed the lawsuit in federal court in December 2006 to settle condemnation, special assessment and zoning issues with the village.
The judge concluded "the village has condemnation, special assessment and taxation authority over lands purchased in fee by the Oneida Tribe of Indians." Since the land is fee land – and was owned by a third party prior to the tribe's acquirement — it is not subject to the exemptions allowed for federal tribal land.
The same issues are addressed in other state lawsuits between the two parties.
The entire village of Hobart lies within the original boundaries of the Oneida Indian Reservation. The tribe has made it clear it intends to buy back as much of that original land as possible.
Malavika Jagannathan writes for the Green Bay Press-Gazette.