Shinnecock Nation Claims Illegal Use of Sovereign Land

Native American tribes on Long Island are asserting that parts of the Sunrise Highway were constructed illegally on their sovereign territory and are now seeking compensation for it.

The Shinnecock Indian Nation has filed a federal lawsuit alleging that the state lacked the legal authority to construct or maintain Route 27 over land designated as federally protected, known as the West Woods, located in Hampton Bays. They argue that the state failed to secure necessary federal approvals.

The lawsuit contends, “New York state officials argued that a purported 1959 easement for Sunrise Highway across Westwood land did not comply with federal law; [void from the beginning].”

According to the complaint, when New York State claimed a “perpetual easement” over the Westwood property, it did so without the required approval from the Secretary of the Interior under federal law.

The documents note that federal authorities were never consulted, and there is no record of the U.S. government’s approval for the easement.

Instead of directly suing the state, the tribe has named New York Attorney General Letitia James, Department of Transportation Secretary Marie Therese Dominguez, and Governor Cathy Hochul in the lawsuit. This comes after Hochul faced backlash for vetoing sovereignty recognition for another Native American tribe multiple times.

The Shinnecock Nation is not attempting to shut down that section of Sunrise Highway, but rather is asking the court to compel the state to secure the necessary federal permits and to compensate the tribe for the usage of their land, as stated in the complaint.

The lawsuit reflects that “This land was and has been restricted land owned by the government.”

Complicating matters are two contentious digital billboards built by the Shinnecock Nation along this route, generating around $900,000 annually. The town of Southampton, upset by what it deems unsightly advertisements, is pushing for their removal, effectively putting the state in a difficult position regarding its stance against the tribe.

The dispute over the land has persisted since at least 2019, when New York State attempted to leverage a contested easement to take action against the Shinnecock concerning signage on their property.

In previous court rulings, New York State successfully argued it held formal title to the land based on a 1959 easement.

Although the federal government has confirmed the protected status of the land, a state appellate court decided in December that New York holds a valid easement and instructed the tribe to remove the billboard.

Currently, the tribe is seeking a federal court ruling to reject the earlier judgment against the state officials regarding the easement. They also request a hold on any enforcement actions concerning the signage while the case is ongoing.

New York state officials have not commented on the pending litigation, and representatives for the Shinnecock Nation did not respond to requests for a statement.