Oneida County v. Oneida Indian Nation (Oneida II)

What happened

Three Oneida tribes sued the counties of Oneida and Madison in New York. They said their ancestors had conveyed tribal land to New York State in 1795 in a deal that violated the Nonintercourse Act of 1793, which provided that no person or entity could purchase Indian land without the federal government's approval. They argued the transaction was therefore void.

They asked for damages equal to the fair rental value, for a two-year period, of the part of that land the counties now occupy. The district court found the counties liable for wrongful possession, awarded damages, and ordered New York State to indemnify the counties. The Court of Appeals affirmed liability and indemnification.

On March 4, 1985, the Supreme Court, in an opinion by Justice Powell, held that the Oneidas "have a federal common-law right of action for violation of their possessory rights." Their right of occupancy, the Court said, need not be based on a treaty or statute. The Nonintercourse Acts did not displace that remedy.

The Court found no merit in the counties' defenses. It said that borrowing a state statute of limitations would be inconsistent with federal policy against applying such statutes to Indian claims. It also held the claims were not barred by the political question doctrine. The Court did rule that the lower courts erred in hearing the counties' cross-claim for indemnity from the State, so the decision was affirmed in part and reversed in part.

Summarized with AI assistance from 3 sources and checked against their words; not yet reviewed by historians or by the nations. Report an error