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Mohawks name tribunal to settle land disputes

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Wednesday, 17 February 2010

Mohawks name tribunal to settle land disputes By LORI SHULL TUESDAY, FEBRUARY 16, 2010 HOGANSBURG — There's a new way to settle land disputes on the St. Regis Mohawk Reservation. After a month of screening applicants, officials have appointed a tribunal to hear and decide disputes. Previously, the Tribal Council heard all disputes and sometimes took years to make a final ruling. "It takes so much time, meeting with people, hearing the claims, and then a new council comes in and they have to start it all over," tribal spokeswoman Aimee L. Benedict said. "It's a more fair process if a decision is coming from their peers." The tribunal is composed of five members and four alternates. The members are appointed by an independent committee, rather than the council. Disputes will be filed, and published, every Wednesday at the tribal clerk's office. Before the tribunal was set up, disputes could be filed at any time and were never publicized. "Depending on how many people are involved, they've had some that take years and then someone else would come forward saying, 'I wasn't involved and I have an interest,'" Ms. Benedict said. The new system should cut down on those lengthy appeals, she said, because anyone will be able to check for new or pending cases in the tribal community building. There also will be time frames for the first time. Under the old system, anyone could appeal a decision at any time, regardless of how many years had passed or how many appeals were filed. Now, the tribunal has to make a decision within 30 days of the final meeting between the claimant and respondent and any appeals will have to be filed within 30 days of that written decision being handed down, according to an informational mailer that will be sent to the community this month. There is no limit, however, on how many meetings are held between the disputing parties. Appeals will be handled by the tribal court, rather than going in front of the tribunal again. Tribe members will have to pay $100 to file a claim, whereas before they were free, to ensure that claimants are serious. On the reservation, there are no deeds filed with the tribal offices or any other entity. All property technically belongs to the federal Bureau of Indian Affairs and is held in trust for tribal members. Lots are allotted to residents instead, Ms. Benedict said. On the board, Paul Boots and Rowena General have five-year terms; Tsiorasa Barreiro and Minerva White were appointed for three years, and Darlene Francis will serve one year. Jamie White Porter, Jarrad Terrance, Steve Cook and Terrilee Ransom are alternates, appointed for five years. http://www.watertowndailytimes.com/article/20100216/NEWS05/302169991

 

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