Real Estate & Property Law

USSG's Motion To Participate In Oral Argument In "Ceded Lands" Case

By Robert Thomas (inversecondemnation.com)

Following up on the earlier post New SG Unlikely To Alter Fed Gov't's SCOTUS Arguments In Ceded Lands Case, which noted that the new Solicitor General has sought leave from the Supreme Court to participate in oral argument and for divided argument, here's the motion filed by the SG's office on January 29, 2009, which reveals that the Obama Administration does not appear to be materially altering arguments the federal government set forth in the amicus brief supporting the State's position filed by the Bush Administration.

This case concerns whether federal law required or permitted the Supreme Court of Hawaii to enjoin the State of Hawaii from transferring lands that the United States obtained in fee simple absolute upon the annexation of Hawaii in 1898 and granted tot he State, to hold in trust, upon its admission to the Union. Those issues implicate significant federal interests.

First, the State's title to the trust lands is a question of federal law in which the United States has a significant interest....Second, and relatedly, the United States owns approximately 300,000 acres of land in Hawaii that were acquired in the same 1898 annexation and pursuant to the same statutes asserting absolute fee ownership. The legal issues in this case could bear on the United States' title to its own lands as well....Third, the relief ordered by the state supreme court -- an injunction forbidding the State from selling or transferring any trust lands as authorized by the Admissions Act and state law -- affects the interests of the United States in the proper implementation of Section 5(f) of the Admission Act.

Motion at 1-3. The merits and amici briefs in the case, and links to media reports and commentary, are posted on our ceded lands page. [Disclosure: I joined an amicus brief supporting the State's arguments.]

Full post as published by inversecondemnation on February 04, 2009 (boomark / email).