Real Estate & Property Law

Brief in Opposition in Ceded Lands Case

By Robert Thomas (inversecondemnation.com)

The State of Hawaii Office of Hawaiian Affairs has filed its Brief in Opposition, arguing the U.S. Supreme Court should not review the "ceded lands" case, Hawaii v. Office of Hawaiian Affairs, No. 07-1372 (cert. petition filed Apr. 29, 2008).  The State has sought a writ of certiorari to 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). 

In that case, the Hawaii Supreme Court, relying on the "Apology Resolution," enjoined the State of Hawaii from conveying 1.2 million acres of state-owned land until a political settlement is reached with Native Hawaiians about the status of that land.

The Question Presented by OHA's BIO naturally frames the issue differently than the State did in its Petition:

Whether the Hawaii Supreme Court acted within its authority in relying upon Hawaii's laws and Constitution, as well as principles of trust law and the 1993 federal Joint Resolution to Acknowledge the 100th Anniversary of the January 17 1893 Overthrow of the Kingdom of Hawaii, to impose an injunction on the sale or transfer of the lands conveyed in trust to the State of Hawaii until the ongoing reconciliation process between the state and federal governments and native Hawaiians is completed?

BIO at (i) (emphasis original).  The State of Hawaii's cert petition is here, Pacific Legal Foundation's amicus brief supporting cert is here, the brief of 29 states supporting Hawaii is here, and the amicus brief of the New Mexico Commissioner of Public Lands supporting cert is here.

Full post as published by inversecondemnation on July 09, 2008 (boomark / email).