Franklin County foreclosing on houses in land claims area

Concerned community members packed into the St. Regis Mohawk Tribe’s lobby Saturday morning to discuss an issue loaded with questions of Native rights, tribal authority, and the status of the SRMT’s land claim.

Next month, Franklin County will foreclose on several properties located within the SRMT’s land claim area, but which have not had taxes paid for years. There are a total of 165 parcels of land in the land claim area of which 116 are Native-owned. Of those 116, 90 are not or have not paid taxes.

Franklin County has already foreclosed on most of the parcels and issued notices stating that they’ll foreclose upon the remaining next month.

But, no one is budging.

Though the houses are formally foreclosed upon, Franklin County was ordered not to take further action (evictions or sales) until the SRMT’s land claim was settled.

With the Oneida vs. Sherrill case virtually closing the door on any hope of winning their land claim, the SRMT is still hoping for a settlement agreement. The case remains on hold.

Meanwhile, Franklin County is demanding payment of back taxes that accrued on the land claim properties over the years. The amount of taxes not paid amount to $2.1 million. With penalties and interest, the final bill is $4 million.

The SRMT called Saturday’s meeting to discuss what options the effected landowners have.

“The main concern with the issue is of course that Franklin County is demanding payment of the outstanding property taxes, penalties, interest and fees and has established a deadline of February 14 for those payments,” said Leslie Logan, SRMT spokesperson.

“Ultimately the Tribe is concerned about the prospect of foreclosure and sale of the properties in question if we lose the land claims case,” she added. “Franklin County has expressed its desire and intent to collect the property taxes and has not been amenable to negotiation.”

The properties include 49 corporations, schools or churches. Businesses have been constructed on many parcels and are among those with unpaid taxes.

One homeowner, with roughly an acre of land and one house, has not paid taxes in 15 years and now, with interest and penalties, has a tax bill of more than $24,000.

“The Tribe and property owners must now consider a range of options, as well as a range of possible actions by Franklin County, which includes homes eventually being placed for auction,” Logan stated. “Clearly, the Tribe wants to avoid this.”

Discussion took place at the meeting as to what action the SRMT should take, if any.

One suggestion was that the SRMT pay all the back taxes with any money they receive in a land claim settlement agreement. Several in attendance were adamantly against that notion, as they believe Natives should not, for any reason, pay taxes.

Another complicated option landowners have is to apply to turn land into trust through Section 184. The federal government should have no problem approving those applications, as the land wouldn’t be used for gaming. The land would be held in name by the government but would carry the same tax-free status as the rest of the reservation.

The catch is that in order to apply to have land put into trust, all back taxes must be paid up to date.

A second meeting to continue discussion will be held in February. The date will be determined at a later time.

However, no simple solution has been discovered.

“Council will not recommend a particular course of action to property owners,” Logan said. “It can only advise them of options.”