Hochul sues Seneca Nation over land sovereignty in Buffalo

New York Governor Kathy Hochul filed federal lawsuits on Friday targeting the Seneca Nation’s sovereign control over land parcels in Buffalo and Grand Island to block a controversial gas station and pot shop development.

Challenging Federal Sovereignty Status for Seneca Parcels

The state’s legal action moves against the Department of the Interior to eliminate the special federal status granted to the Seneca One Stop project. Officials argue the designation allows the development at Miami and Chicago streets in Buffalo to operate outside municipal building codes, local zoning laws, and state property taxes. The state contends the land parcels were never legally eligible for sovereign protections under the Seneca Nation Settlement Act of 1990.

Federal officials approved restricted-fee status for the Buffalo property in 2023, exempting the site from municipal zoning oversight and local property tax rolls. Buffalo Mayor Sean Ryan previously took the Seneca Nation to state court in an attempt to halt construction, but a judge twice refused to block the ongoing work.

Dispute Over Land Acquisition Funds and Statutory Limits

Governor Hochul’s administration is challenging both the Buffalo designation and a separate 207-acre parcel on Grand Island transferred to the Senecas by a commercial developer for $1. The state argues that the finite pool of land-acquisition money authorized under the Seneca Nation Settlement Act dried up decades ago. According to state filings, all but $5 million of those settlement funds were expended to acquire the Seneca Buffalo Creek Casino and the Seneca Niagara Resort & Casino.

The remaining $5 million is restricted strictly to tribal member housing built directly next to the casinos or contiguous with tribal land. State attorneys assert that neither the Buffalo nor the Grand Island locations fit that established criteria.

Tribal Leaders Defend Purchases Using Settlement Funds

The Seneca Nation maintains that the purchases qualify under federal guidelines. Tribal representatives point to wire transfers drawn directly from an account designated for settlement act funds and argue the parcels fall within qualifying historic areas.

“Governor Hochul is committed to a strong, productive relationship between the state and the Seneca Nation and she respects the principles of tribal sovereignty,” Ryan Whalen, a spokesperson for the Governor’s Office, said in a statement reported by the Buffalo News. “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 Governor’s Office, the Department of the Interior, the Bureau of Indian Affairs, the Seneca Nation, and the Buffalo Mayor’s Office did not immediately respond to requests for comment.

Disclaimer: The information provided in this article is for educational and informational purposes only and does not constitute financial advice.

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