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Iroquois lands circa 1720A map showing the Phelps and Gorham Purchase, the Morris Reserve, and the Holland Purchase
Aboriginal title in New York refers to treaties, purchases, laws and litigation associated with land titles of aboriginal peoples of New York, in particular, to dispossession of those lands by actions of European Americans. The European purchase of lands from indigenous populations dates back to the legendary Dutch purchase of Manhattan in 1626, "the most famous land transaction of all."[1] More than any other state, New York disregarded the Confederation Congress Proclamation of 1783 and the follow-on Nonintercourse Acts, purchasing the majority of the state directly from the Iroquois nations without federal involvement or ratification.[2]
New York is the source of several landmark decisions concerning aboriginal title including Oneida I (1974), "first of the modern-day [Native American land] claim cases to be filed in federal court,"[3] and Oneida II (1985), "the first native land claim case won on the basis of the Nonintercourse Act."[4] New York was the site of nearly all remaining Native American possessory land claims when the United States Court of Appeals for the Second Circuit held in Cayuga Nation of N.Y. v. Pataki (2005) that the equitable doctrine of laches (duty of "timeliness") bars all tribal land claims sounding in ejectment or trespass, for both tribal plaintiffs and the federal government as plaintiff-intervenor.[5] Since the ruling, no tribal plaintiff has overcome the laches defense in a land claim in the Second Circuit.[6]
There are currently 10 Native reservations in New York: Allegany Reservation, Cattaraugus Reservation, Oil Springs Reservation, Oneida Reservation, Onondaga Reservation, Poospatuck Reservation, St. Regis Mohawk Reservation, Shinnecock Reservation, Tonawanda Reservation, and Tuscarora Reservation.
^Banner, 2005, at 75.
^Gunther, 1958, at 3--7.
^Vecsey & Starna, 1988, at 144.
^Vecsey & Starna, 1988, at 145.
^Kathryn E. Fort, The New Laches: Creating Title where None Existed, 16 Geo. Mason L. Rev. 357 (2009); Patrick W. Wandres, Native Land Claims, Sherrill and the Impending Legacy of the Doctrine of Laches, 31 Native Am. L. Rev. 131 (2006).
^Oneida Nation of N.Y. v. County of Oneida, 617 F.3d 114 (2d Cir. 2010); Onondaga Nation v. New York, 2010 WL 3806492 (N.D.N.Y. 2010); Shinnecock Nation v. New York, 2006 WL 3501099 (E.D.N.Y. 2006).
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Association was a small group of British investors who in 1792 purchased a large portion of the Western NewYork land tract known as the Phelps and Gorham Purchase...
Fonda, NewYork. The name means "The clean pots" and is derived from Canajoharie or "Upper Castle", one of the two major towns of the Mohawk nation in 1738...
tract purchased in Western NewYork was the portion of the Phelps and Gorham Purchase that lay west of the Genesee River. The aboriginaltitle to the land...
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Beauchamp, S.T.D., William M. (1908). "Aboriginal Place Names of NewYork". Documents of the Assembly of the State of NewYork. 26. Retrieved Oct 25, 2015. Houghton...
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Cheesequake inNew Jersey. Edward Manning Ruttenber, Footprints of the red man: Indian geographical names, 1906; William M. Beauchamp, "Aboriginal place names...
divide near Wheelerville in Sullivan County and then down Schrader Creek; this is the route later taken by the Susquehanna and NewYork Railroad and is the...
of Buffalo Creek (1842) List of treaties Fellows v. Blacksmith (1857) NewYork ex rel. Cutler v. Dibble (1858) Treaty with the Seneca, Tonawanda Band...
was a land grant in colonial NewYork. It was granted in 1703, to John Bridges and eleven associates by the governor of NewYork and New Jersey, Edward...
ohiohistorycentral.org. Retrieved 2020-09-21. Laurence M. Hauptman, Conspiracy of Interests: Iroquois Dispossession and the Rise of NewYork State (2001)....
Northwest Indian War Hogeland, William (2017). Autumn of the Black Snake. NewYork: Farrar, Straus and Giroux. ISBN 9780374107345. LCCN 2016052193. "Lewis...
the lands of the Seneca Indians, within the State of NewYork, as may from time to time remain in their possession from all taxes, and assessments for...
Stephen Talkhouse who died in the same year (1879) that the tribe lost the last remaining vestige of their territory in the NewYork state courts, claiming...
signed on July 8, 1788 Phelps and Gorham purchased title to lands east from the Genesee River inNewYork to the Preemption Line. Treaty of Canandaigua Treaty...
present-day central NewYork State. He was a long-time friend of the Oneida chief Skenandoa. Kirkland graduated from Princeton in 1765. In 1793 as part of...
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