Real Estate & Property Law

Supreme Court to Decide Monday Whether to Review Ceded Lands Case

By Robert Thomas (inversecondemnation.com)

Monday is the first day of the U.S. Supreme Court's new term, and it will decide whether to review a slew of cases, including the "ceded lands" case, Hawaii v. Office of Hawaiian Affairs, No. 07-1372 (cert. petition filed Apr. 29, 2008). The State of Hawaii 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 Question Presented is:

In the Joint Resolution to Acknowledge the 100th Anniversary of the January 17, 1893 Overthrow of the Kingdom of Hawaii, Congress acknowledged and apologized for the United States' role in that overthrow.  The question here is whether this symbolic resolution strips Hawaii of its sovereign authority to sell, exchange, or transfer 1.2 million acres of state land-29 percent of the total land area of the State and almost all the land owned by the State-unless and until it reaches a political settlement with native Hawaiians about the status of that land. 

SCOTUSblog lists the case among its "petitions to watch" (includes a link to the petition, the brief in opposition, and all amicus briefs).

The amicus brief we filed in the case is posted here.

Full post as published by inversecondemnation on September 28, 2008 (boomark / email).