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Court should reverse freeze on land sales

POSTED: 01:30 a.m. HST, Oct 06, 2008

THE ISSUE

The U.S. Supreme Court has agreed to review a state ruling on the use of ceded land.

THE Lingle administration should be encouraged by the U.S. Supreme Court's decision to review an unconscionable state ruling that prohibits the sale or transfer of virtually all state-owned land in Hawaii. Overturning of the ruling would restore the successful formula for devoting part of the land sales revenue to improving conditions for native Hawaiians.

The Hawaii Supreme Court ruled in January that the 1993 congressional apology for the overthrow of the Hawaiian monarchy prohibits the sale of any of the 1.2 million acres of former crown land that was taken over by the federal government and ceded to Hawaii at statehood.

The case was among 10 that the nation's high court agreed to review of about 2,000 appeals that had accumulated over its summer break. A final ruling is expected by the end of the court's term in June.

The Office of Hawaiian Affairs challenged the state's decision to develop 500 acres of ceded land on Maui as affordable housing. OHA rejected the state's offer of nearly $5.6 million in compliance with the Admission Act's provision that one-fifth of the benefits from ceded land be dedicating to improving conditions for Hawaiians.

In the state high court's ruling, Chief Justice Ronald Moon wrote that the Apology Resolution "dictates that the ceded lands should be preserved" until reconciliation between the United States and the native Hawaiian people is achieved. The Apology Resolution does not precisely say that.

Reconciliation will not be achieved until Congress approves Sen. Daniel Akaka's Hawaiian sovereignty bill and it is signed into law by the next president. Democratic presidential candidate Barack Obama has agreed to do so, but Republican candidate John McCain has declared his opposition.

 

THE ISSUE

The U.S. Supreme Court has agreed to review a state ruling on the use of ceded land.
THE Lingle administration should be encouraged by the U.S. Supreme Court's decision to review an unconscionable state ruling that prohibits the sale or transfer of virtually all state-owned land in Hawaii. Overturning of the ruling would restore the successful formula for devoting part of the land sales revenue to improving conditions for native Hawaiians.

The Hawaii Supreme Court ruled in January that the 1993 congressional apology for the overthrow of the Hawaiian monarchy prohibits the sale of any of the 1.2 million acres of former crown land that was taken over by the federal government and ceded to Hawaii at statehood.

The case was among 10 that the nation's high court agreed to review of about 2,000 appeals that had accumulated over its summer break. A final ruling is expected by the end of the court's term in June.

The Office of Hawaiian Affairs challenged the state's decision to develop 500 acres of ceded land on Maui as affordable housing. OHA rejected the state's offer of nearly $5.6 million in compliance with the Admission Act's provision that one-fifth of the benefits from ceded land be dedicating to improving conditions for Hawaiians.

In the state high court's ruling, Chief Justice Ronald Moon wrote that the Apology Resolution "dictates that the ceded lands should be preserved" until reconciliation between the United States and the native Hawaiian people is achieved. The Apology Resolution does not precisely say that.

Reconciliation will not be achieved until Congress approves Sen. Daniel Akaka's Hawaiian sovereignty bill and it is signed into law by the next president. Democratic presidential candidate Barack Obama has agreed to do so, but Republican candidate John McCain has declared his opposition.

 


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