Real Estate & Property Law

Hawaii Ceded Lands Case: U.S. Supreme Court Grants Cert Review

By Robert Thomas (inversecondemnation.com)

The U.S. Supreme Court has granted the State of Hawaii's petition for a writ of certiorari to review the Hawaii Supreme Court's decision in the "ceded lands" case, Hawaii v. Office of Hawaiian Affairs, No. 07-1372 (cert. petition filed Apr. 29, 2008). The State of Hawaii asked the Court to review and overturn 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. 

The amicus brief Pacific Legal Foundation filed in the case is posted here. The State's petition is posted here.  The Office of Hawaiian Affairs' Brief in Opposition.  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. The Supreme Court's case docket is here.

Full post as published by inversecondemnation on October 01, 2008 (boomark / email).