Southampton Town leadership once again fumbles and stumbles its way into litigation against the Shinnecock Indian Nation, this time using the U.S. Department of Interior as a proxy.
As stated in Michael Wright’s August 14 article [“Southampton Town Takes Department of Interior to Court Over Status of Tribal Land in Hampton Bays,” 27east.com]: “Westwoods is a separate parcel acquired by the nation some 200 years after the nation’s aboriginal title was extinguished by a series of conveyances recognized and ratified by the prevailing sovereign authority before the United States even existed.” The problem with this statement is that it is neither factually correct nor persuasive.
The town cannot point to a specific document where Westwoods was acquired by the nation, because that document does not exist. You cannot wish facts into existence. The willingness of the town to literally create facts cannot be understated. It’s these kinds of frivolous, petty and shallow tactics that continue to drive a wedge between the town and the nation — deservedly so.
Comments and coverage of this issue seem to favor rhetoric over facts. Let’s unpack some facts.
Southampton Town’s own GIS tax map website lists Westwoods as “Indian Reservation, Hampton Bays.” Suffolk County does the same: “LAND USE CODE 693: INDIAN RESERVATIONS.”
The General Laws of NY, Chapter 26, Article 2, Section 6, is titled “Exemption of reservation lands from taxation.” It states: “No taxes shall be assessed, for any purpose whatever, upon any Indian reservation in this state, so long as the land of such reservation shall remain the property of the nation, tribe or band occupying the same.”
Taxation is a regulatory function of a governing body. Has the Town of Southampton ever taxed Westwoods? The answer is no. Why? Because the town lacks the ability to tax Indian reservations. Westwoods is glaringly and obviously within the federal, state, county and town definitions of the term “Indian reservation,” meaning that Westwoods is outside of the town’s ability to do so.
Let’s also consider this Bureau of Indian Affairs letter that is garnering so much attention. The town mischaracterizes this letter as an “instrument.” This letter is simply an announcement of Westwoods being entered into the BIA TAAMS system — it’s not an actionable item. Even if Westwoods was not inventoried into TAAMS, the town would still lack regulatory authority over Westwoods, as it is defined as an Indian reservation.
This matter is easily settled by simply using common sense. Every single Southampton Town taxpayer should be alarmed that the town is spending taxpayer money on frivolous litigations against the nation to the tune of some $3 million per year.
At what point is town leadership held accountable for making a mockery of the legal system and misusing taxpayer money?
Taobi Silva
Shinnecock Territory
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