2nd Circ. Allows NY Tribe To Keep Trust Land For Casino
Law360, San Francisco (November 9, 2016, 7:22 PM EST) -- The Second Circuit on Wednesday found that the federal government can entrust land surrounding New York's Turning Stone Resort and Casino for the Oneida Indian Nation, affirming a lower court ruling that tossed two lawsuits alleging the acquisition was unconstitutional.
A unanimous three-judge panel found that neither state sovereignty nor the U.S. Constitution's enclave and commerce clauses preclude the federal government from taking more than 13,000 acres of land in central New York on behalf of the Oneida Indian Nation, even if entrusting the land impacts the state's jurisdiction over it.
"That the entrustment deprives state government of certain aspects of jurisdiction...
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