Real Estate & Property Law

Hawaii Governor On The SCOTUS "Ceded Lands" Case

By Robert Thomas (inversecondemnation.com)

In her state of the state address today, Hawaii Governor Linda Lingle had this to say about the "ceded lands" case, Hawaii v. Office of Hawaiian Affairs, No. 07-1372 (cert. granted Oct. 1, 2008):

Before concluding I want to take a moment to speak about the case pending before the United States Supreme Court involving the issue of ceded lands.

The issue involved in this case is not whether ceded lands should or should not be sold.

Rather the issue involves the fundamental question of whether the State of Hawai?i has clear title to the land transferred to us by the federal government at the time of statehood.

The roots of this case date back to a decision made by former Governor Waihe?e in the 1980s to sell certain ceded lands on Maui and Hawai?i for the construction of affordable housing.

It was a decision he believed was in the best interest of all the people of Hawai?i.

It is a decision that former Governor Cayetano defended in court because he believed it was in the best interest of all the people of Hawai?i to do so.

And it is a decision that we are appealing to the United States Supreme Court because I believe it is in the best interest of all the people of Hawai?i.

The merits and amicus briefs in the case, and links to media reports and commentary are posted on our ceded lands page.

Full post as published by inversecondemnation on January 26, 2009 (boomark / email).