land ownership

Hawaii v. Office of Hawaiian Affairs

Issues

Did the Joint Resolution to Acknowledge the 100th Anniversary of the January 17, 1893 Overthrow of the Kingdom of Hawaii cloud the State of Hawaii's title to land ceded to it by the federal government, opening these lands up to ownership challenges by Native Hawaiians and preventing the state from selling or otherwise transfer the land?

Court below

Supreme Court of Hawaii

In 1993, Congress and the President adopted a resolution ("Apology Resolution"), in which the United States apologized for its role in the overthrow of the Kingdom of Hawaii in 1893. Shortly thereafter, the Office of Hawaiian Affairs ("OHA") sought to enjoin a residential development on the Leiali'i land parcel, land owned by the state, but held in trust for Native Hawaiians and the general public. OHA also requested that the state agency in charge of the parcel's development certify that any transfer of the parcel's ownership would not diminish Native Hawaiians' claims to the land. The state agency refused and sent OHA a check for the land, which OHA refused. The Hawaii Supreme Court held that the Apology Resolution had changed the legal relationships of the parties involved, and enjoined further development of the land until the state of Hawaii reconciled with Native Hawaiians. In this case, the Supreme Court must determine whether the Apology Resolution changes the legal duties and obligations of the parties involved, or whether it is simply a statement of regret. This case will have far-reaching implications for land in other states which may have competing claims of ownership by native populations.

Questions as Framed for the Court by the Parties

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.

In 1893, the Republic of Hawaii became a territory of the United States, and ceded 1.8 million acres of land to the federal government. See Office of Haw. Affairs v. Housing and Cmty. Dev. Corp. of Haw., 177 P.3d 884, 891 (Haw.