Seneca People - Thruway Claims

Thruway Claims

On April 18, 2007, the Seneca Nation laid claim to a stretch of Interstate 90 that crosses the Cattaraugus Reservation. They revoked their 1954 agreement that had granted the Interstate Highway System and New York State Thruway Authority permission to build the highway through the territory. The move was a direct shot at New York Governor Eliot Spitzer's attempts to collect taxes from businesses on Seneca territory.

The Seneca had previously brought suit against the state on the same basis. That was decided in favor of the state based on its assertion of sovereign immunity. In Magistrate Heckman's "Report and Recommendation", it was noted that the State of New York asserted its immunity from suit against both counts of the complaint. One count was the Seneca Tribe's challenge regarding the state's acquisition of Grand Island and other smaller islands in the Niagara River, and the second count challenged the state's thruway easement.

The United States was permitted to intervene on behalf of the Seneca Nation and the Tonawanda Band of Seneca Indians. The United States was directed to file an amended complaint that "clearly states the relief sought by the United States in this action." In this amended complaint, the United States did not seek any relief on behalf of the Seneca Nation relative to the thruway easement. By not seeking such relief in its amended complaint, the United States permitted the action relative to the thruway easement to be subject to dismissal based on New York's immunity from suit under the Eleventh Amendment to the US Constitution. On May 4, 2007, the Seneca Nation threatened to revoke its agreement of easement for Interstate 86.