| Cayuga land settlement talks
roll on
A judge has given mediation discussions an extension of at least 30 days. By David L. Shaw The efforts of Cayuga Indian land claim mediator Eric E. VanLoon of Boston are likely to intensify in the coming weeks. U.S. District Judge Neal P. McCurn has issued an order extending the life of settlement talks for at least 30 days. Another deadline facing the talks is the trial on damages to be awarded to the Cayuga Indian Nation. McCurn has set the jury trial to begin Sept. 8, with rulings on two pending pretrial motions remaining. Since January, Van Loon has been speaking almost weekly with one or more of the parties involved in the claim. A graduate of Harvard Law School, Van Loon mediated a 1996 dispute that involved the Potawatomi tribe in Wisconsin. Many of his mediations, conducted in more than 30 states, have focused on environmental cases. If the Cayuga claim settlement talks progress, McCurn could delay the trial. Some anti-land claim activists and property owners in the 64,027-acre claim area of Cayuga and Seneca counties are hoping there is no mediated money and land settlement, believing that a jury might craft a more acceptable award. VanLoon's efforts are guided by a March 22 order from McCurn. That order appoints VanLoon as the "neutral settlement master" and gives him wide latitude in meeting with the parties to work out a possible settlement. June 1 was set as the goal to conclude the talks, but McCurn's order allows that to be extended by mutual agreement of the parties. The latest extension is the second since June 1. VanLoon is paid $375 per hour, up to a maximum of $40,000, for his work on the settlement. The cost is split by the plaintiffs and defendants. McCurn ruled in 1994 the Cayugas have a valid claim to the 64,027 acres of former reservation land in Cayuga and Seneca counties. He agreed the land was acquired by the state in treaties in 1789 and 1807 that violated a 1790 federal law by not being ratified by Congress or witnessed by an official representative of Congress. The jury trial will focus only on what the Cayugas should be awarded. Their lawsuit, filed in November 1980, seeks return of the land, eviction of current occupants and $350 million in trespass damages. McCurn has already ruled that eviction of current residents will not be part of an award. The parties involved in the settlement talks have made the same agreement. VanLoon could not be reached for comment. A recording on his telephone answering machine said he will be out of his office until July 26. |