Showing posts with label land use. Show all posts
Showing posts with label land use. Show all posts

Friday, February 20, 2009

This land is my land, this land is my land


HONOLULU -- Hawaiian activists plan to set fire to Gov. Linda Lingle’s U.S. Supreme Court petition and light their torches with it as they rally at the state Capitol against the administration’s plans to sell some of the land it holds in trust.

Like a government version of Kramer vs. Kramer, two state agencies will duke it out in a courtroom Wednesday when the Lingle administration and the Office of Hawaiian Affairs each tells the highest court in the land that the other has no right to property ceded to the state following the overthrow of the Hawaiian monarchy.

“This state appeal has the potential to undermine all Native Hawaiian programs and assets as well as undermine the legal basis for Native Hawaiian federal recognition,” OHA Chairwoman Haunani Apoliona said during a news conference today on the grounds of Iolani Palace, an important symbol to the Native Hawaiian community.

While the lawyers fight, Native Hawaiians, alongside those “Hawaiian at heart,” will hold a vigil at the Capitol from 4 a.m. to 4 p.m. Wednesday. There will be prayers, pahu drums, chanting every hour, on the hour as part of a series of events planned that day in Honolulu, Seattle, San Francisco, Salt Lake City, New Haven, Conn., and Washington, D.C.

Activists are also calling for Hawaiians and sympathizers to take a day off work Wednesday to join the rally and send a message about the strength of the movement.

“A far-reaching decision by the U.S. Supreme Court could affect OHA’s ability to carry out its mission of bettering the conditions of Native Hawaiians,” Apoliona said.

Underscoring how divided the state is over the issue, the Democrat-controlled Hawaii Senate today passed a bill requiring a two-thirds vote of the Legislature before ceded lands can be sold and a resolution urging the Republican governor and her attorney general to withdraw their appeal. The Democrat-controlled House, meanwhile, didn’t move similar bills by the deadline for consideration.

OHA’s response to the state petition bases its argument on the Apology Resolution, enacted by Congress in 1993, on the 100th anniversary of the Hawaiian monarchy. OHA maintains it places a cloud on the title to ceded lands, forcing the state government to hold them intact until questions of Native Hawaiian self-governance can be answered. Last year, the Hawaii Supreme Court upheld that view.

The state disagrees.

“These public trust lands were transferred by the Congress to the people of the state of Hawaii in 1959 for the benefit of all the people of the state of Hawaii to be used for the public purposes set out in the Admission Act like for the establishment of public schools and public improvements for betterment of homes and farms,” says Hawaii Attorney General Mark Bennett. “The Admission Act explicitly gave the state the right to sell or transfer ceded lands for the purposes set out in the Admission Act.”

Ceded lands comprise 1.2 million acres of land on all Hawaiian islands - about 29 percent of the total land mass of the state and more than 95 percent of the public lands held by the state.

Wednesday, February 4, 2009

Ceded lands bills moving forward


With oral arguments in a U.S. Supreme Court case just weeks away, committees in both houses of the Legislature advanced bills today reining in the state administration’s ability to sell ceded lands.

The alii (chiefs) of the Royal Order of King Kamehameha I, wearing their trademark red and yellow capes, dominated the front row of committee rooms and were among the dozens who testified in support of a moratorium on the sale of Ceded lands.

Ceded lands are lands once owned by the Hawaiian monarchy but ceded to the state to be held in trust for Hawaiians. Ceded lands comprise 1.2 million acres of land on all Hawaiian islands - about 29 percent of the total land mass of the state and more than 90 percent of state-owned lands.

Eight bills were being heard in their first committees today, ranging from an outright ban of the sale of the lands (HB 1667, HB 1805, HB 1841, HB 902, SB 1085, SB 475) to the requirement that the Legislature approve each deal by a two-thirds majority (SB 1677, SB 476).

All of the House bills moved forward unanimously, with HB 1805 further modified to include the two-thirds requirement favored by the Senate.

At most immediate issue is the Lingle administration’s appeal to the U.S. Supreme Court of a Hawaii Supreme Court opinion that placed a moratorium on the state selling ceded lands until an agreement could be worked out between the state and the Native Hawaiian people. That case is scheduled to be heard in Washington D.C. on Feb. 25.

Attorney General Mark Bennett, one of the few opponents testifying about the bills, said passing legislation now is wrong from both a legal and a political perspective.

“The bill raises the potential for additional federal court lawsuits against the state by persons oppose3d to government programs that provide benefits to Native Hawaiians,” Bennett said. “We also believe that it makes sense as a policy matter for the state to retain flexibility as to the use and management of its land.”

Clyde Namuo, administrator for the Office of Hawaiian Affairs, which is battling the state administration in the lawsuit, said he and Bennett have worked side-by-side preserving Native Hawaiian rights in the past. But now, he said, he’s reaching a new understanding.

“Eight years ago when I joined OHA, I wondered why Native Hawaiians seemed so angry,” Namuo said. “Listening today to this discussion, I finally get it.”