Real Estate & Property Law

Amicus Brief Supporting Cert in Ceded Lands Case

By Robert Thomas

Pacific Legal Foundation has filed a Brief Amicus Curiae in Support of Petitioners (the State of Hawaii and state officials) in the "ceded lands" case, Hawaii v. Office of Hawaiian Affairs, No. 07-1372 (cert. petition filed Apr. 29, 2008). 

In that case, the State seeks U.S. Supreme Court review of the decision by the Hawaii Supreme Court in Office of Hawaiian Affairs v. Housing and Community Dev. Corp. of Hawaii, 117 Haw. 174, 177 P.3d 884 (Jan. 31, 2008).  The Honolulu Advertiser reported on the Hawaii Supreme Court's decision in "Hawaii court bars state from selling ceded lands."

PLF's amicus briefs suggests the Court review two questions:

1.     Whether Congress by the Admission Act and the Apology Resolution, may, without violating the Fifth Amendment, require or permit the State of Hawaii, Trustee of the Federally-created Ceded Lands Trust, to discriminate between trust beneficiaries on the basis of race?

2.     Whether the State of Hawaii, Trustee of the Ceded Lands Trust, may, without violating the Fourteenth Amendment, discriminate between trust beneficiaries on the basis of race?

Download the brief here.

The State's petition is posted here, and a Honolulu Star-Bulletin report about the petition is posted here.

The Supreme Court's case docket is here.

Full post as published by inversecondemnation on June 03, 2008 (boomark / email).