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By Tommy Gallagher
WGRZ
New York has sued over the Seneca Nation's protected land status, arguing the designation removes the property from state oversight.
GRAND ISLAND, NY — New York State has filed a federal lawsuit challenging a U.S. Interior Department decision that granted protected status to 207 acres on Grand Island owned by the Seneca Nation.
The lawsuit — filed on Friday in federal court in Western New York — argues that the federal government improperly designated the property as restricted fee land, a move the state says removes the parcel from New York's jurisdiction.
The lawsuit centers on a parcel off Long Road on Grand Island that the Seneca Nation acquired in December of 2025 for $1. The U.S. Interior Department then granted the property restricted fee status in February.
The state said the federal funding authority used to acquire land for the Seneca Nation expired years ago.
The lawsuit also argues that Grand Island is not near former Seneca land and claims that New York would lose authority over matters such as wetlands, sewers, and property tax collection if the designation stands.
Seneca Nation strongly opposed the legal challenge. Its president, J. Conrad Seneca, described the lawsuit as an attempt to "extinguish" them. The statement reads, in full:
"As we celebrate Native American Heritage Month, a time to respect and honor our ancestors and our culture, we now have Governor Hochul's latest attempt to extinguish us and our economic ability to serve our people. The Governor talks about building a productive relationship with the Seneca Nation, but we found out about her latest threat to our sovereignty and attempt to take our lands through the media. This is the same disrespectful, anti-Seneca treatment we have always received and come to expect from the Hochul administration and past Governors. We will continue to face and stand strong against these repeated attacks from a Governor and a state intent on getting rid of us."
Ryan Whalen, a spokesperson for Gov. Kathy Hochul’s office, issued this statement on Saturday:
"Governor Hochul is committed to a strong, productive relationship between the State and the Seneca Nation and she respects the principles of tribal sovereignty. The governor also has an obligation to protect the interests of all western New Yorkers, including ensuring that development in their communities follows appropriate laws and oversight. The State believes the Department of the Interior incorrectly qualified these parcels for sovereignty status, and we are confident the courts will agree."
The case is expected to raise significant questions about treaty rights, sovereign status, and the relationship between state and tribal authority.
Barry Covert, a Buffalo litigation attorney, said the state faces a substantial legal challenge in overturning the Interior Department's decision.
"The state has got quite the burden to overcome to try to say that it was inappropriate for the Department of the Interior to give sovereign status to the property on Grand Island and in the City of Buffalo," Covert said.
He said the case is likely to move through a lengthy legal process that could include responses from the federal government, discovery, pretrial motions and potentially a trial years from now.
"We have very serious considerations regarding treaty obligations, treaty rights, the sovereign status of Seneca Nation property and what role the state has in that property that they now deem to be sovereign both by the Seneca Nation and by the United States Department of the Interior," Covert said.
