new rental law rejected

Oneida Indian Nation of New York v. County of Oneida, 414 U.S. 661 (1974), is a landmark decision by the United States Supreme Court concerning aboriginal title in the United States. The original suit in this matter was the first modern-day Native American land claim litigated in the federal court system rather than before the Indian Claims Commission. It was also the first to go to final judgement.The Supreme Court held that there is federal subject-matter jurisdiction for possessory land claims brought by Indian tribes based upon aboriginal title, the Nonintercourse Act, and Indian treaties. In delivering the opinion of the Court, Associate Justice Byron White wrote that jurisdiction for such suits arose both from 28 U.S.C. § 1331, conferring jurisdiction for cases arising under the Constitution, laws, or treaties of the United States and 28 U.S.C. § 1362, conferring similar jurisdiction to cases brought by Indian tribes regardless of the amount in controversy.
The case is often referred to as Oneida I because it is the first of three times the Oneida Indian Nation reached the Supreme Court in litigating its land rights claims. It was followed by County of Oneida v. Oneida Indian Nation of New York State (Oneida II) (1985), rejecting all of the affirmative defenses raised by the counties in the same action, and City of Sherrill v. Oneida Indian Nation of New York (Sherrill) (2005), rejecting the tribe's attempt in a later lawsuit to reassert tribal sovereignty over parcels of land reacquired by the tribe in fee simple.

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