N.Y. Indian Law § 90: Poles and wires on reservation

§ 90. Poles and wires on reservation. Any company may erect poles and

wires, and other necessary fixtures thereto, across the lands of the

Seneca Indians on the Tonawanda reservation, provided the company shall

pay to the Indians to whom allotments have been made, and on whose

premises telephone or telegraph poles for the purpose of supporting

wires have been or may hereafter be erected, damages therefor, which in

case of inability to agree thereon, shall be ascertained in the manner

provided in the eminent domain procedure law. And in case the poles are

erected on lands that have not been allotted to any Indian, then the

said company shall pay a like sum to the district attorney of Genesee

county, who shall distribute the same in accordance with the provisions

of section eighty-six of this article. And in case any company may have

already erected poles, or in case any company may hereafter erect poles

without paying therefor in accordance therewith, then the said Indians

are authorized to maintain actions of ejectment against the company

therefor, in the same manner as citizens of this state, and as if they

were owners in severalty of the lands so allotted to them. In case the

lands are not allotted, then such an action may be prosecuted in the

name of the Tonawanda band of Seneca Indians. The provisions of this

article shall not apply to the existing lines of any such company, which

has heretofore obtained the consent of said Seneca Indians to the

erection of such existing lines and shall have paid a valuable

consideration for the same, so far as such existing lines have been

erected upon lands that have not been allotted.