SCOTUS agrees to hear "Ceded Lands" case
Advertiser reports
that the U.S. Supreme Court has granted the state of Hawaii's writ of certiorari
appealing the Hawaii Supreme Court's unanimous decision in January that placed
an injunction on the sale or transfer of some 1.2 million acres of so-called
"ceded lands" (which are actually the national lands of the Hawaiian kingdom).
The argument of OHA and four Native Hawaiians who brought the 1994 lawsuit,
which was supported by the state supreme court, according to the Advertiser,
is that "Congress' 1993 Apology Resolution
and subsequent action by the state Legislature effectively bar the state from
selling or transferring ceded lands to an outside entity until 'unrelinquished
claims' regarding compensation for the use of those lands are resolved." The
case may be heard sometime between January and March.
Posted: Fri - October 3, 2008 at 09:41 AM