Oneida Tribe of Indians of Wisconsin & Village of Hobart Wisconsin… Fee to Trust in a co-located Land base

BROWN COUNTY, WI Home of Green Bay, Village of Hobart & 22 other communities. Hobart is the western boundary of Brown County. HOBART ---- GREEN BAY

Historical Treaty of 1838 Reservation

1909 – Federal District Court U. S. v. Hall, 171 F. 214 (E. D. Wis 1909 – Federal District Court U.S. v. Hall, 171 F.214 (E.D.Wis.1909) “It further appears by the statutes of the state that the former Oneida Reservation has been organized and divided into two townships – with provisions for local government.” [Emphasis added] “If the theory of the government here presented were to be adopted, we should have this anomalous situation: a quarter section occupied by a white man would be under the jurisdiction of the state, while the next quarter section, occupied by an (Indian) allottee, would fall under the federal jurisdiction. There would be two rules of conduct, which might be entirely different, operating at the same time upon the same township, according to the complexion of the inhabitants. This amounts to a reductio ad absurdum.” U.S. v. Hall, 171 F. 214 (E.D. Wis. 1909)  

Local Government Impacts A random fee parcel taken into federal “trust” may cause:  Property tax loss  Land use planning disruption  Zoning conflicts  Jurisdictional confusion  Water/Infrastructure conflicts  Lost business/economic development opportunities.  Neighbor estrangements

Local Government Impacts Strategic land acquisitions for placement into federal trust are intended to disrupt or diminish authority of a co-located community, to obstruct development of a co-located community, and dramatically escalate the impacts noted on the previous slide.

The difference between random & strategic Fee-to-Trust activities: Random: acquirable parcel(s) to serve an intended tribal purpose (gaming, housing, health, etc.), the purpose of which is completed. Strategic: parcels acquired to intentionally obstruct municipal land use activities, with no tribal use accomplished on the land.

Examples of random Fee to Trust & Tribal acquisitions… The Road to Nowhere The Spite Strip The Golf Course

Oneida Trust Land - 1950

Oneida Trust Land -1975

1979 - Oneida Tribal Council formally claims jurisdiction over entire historical reservation.

Brown County, Town of Hobart 1990

Outagamie County Town of Oneida

Example of Strategic acquisition of fee land for placement into federal trust…

2008 – Oneida Properties, Fee and Trust

Making Lemonade from lemons…

Hobart in 2017 737 new housing units 2 major manufacturers $120 million in new assessed valuation Beautiful Assisted Living facility and hospice 56% increased population since 2000 Census Fastest growing community in Wisconsin 5 years in a row.

1909 “…..There would be two rules of conduct, which might be entirely different, operating at the same time upon the same township, according to the complexion of the inhabitants. This amounts to a reductio ad absurdum.” U.S. v. Hall, 171 F. 214 (E.D. Wis. 1909)