Quick links

Contact Us

Honolulu Office
(808) 594-1835
This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

Connect with us

RSS Feed - News

Home

News

Press Releases

Joint statement on ceded-lands lawsuit

Joint statement on ceded-lands lawsuit

FOR IMMEDIATE RELEASE
MAY 5, 2009
RELEASE NO. 050509-01
Download a PDF version of this statement
Download a PDF of the agreement

HONOLULU – The Board of Trustees of the Office of Hawaiian Affairs, all of the private plaintiffs except Professor Jonathan Osorio, and the State of Hawaii have reached an agreement on a set of steps that will resolve all or almost all of the lawsuit filed by OHA and the private plaintiffs in 1994, a case which was recently decided by the United States Supreme Court. Although a settlement agreement has been signed (and is attached ), its effectiveness is conditioned on S.B. 1677, C.D. 1 (also attached ), becoming law. This bill requires a two-thirds vote by both chambers of the Legislature before most of the ceded lands held by the State can be sold. In addition, the bill will also require that OHA be informed of any proposed sale at the same time that the Legislature is notified of such a proposal. The bill also keeps in place the current legislative disapproval process for most exchanges of public lands for private lands.

If the bill is passed and signed into law, the Trustees and all private plaintiffs except Professor Osorio will dismiss all their claims without prejudice, which means that their part in this case will terminate, but which also means that they could bring a similar action in the future if they believed it appropriate, with the State able to assert all defenses to any such action. If Professor Jonathan Osorio chooses to proceed with this case, both OHA and the State believe it likely that his claims will also be dismissed without prejudice. In the event that that does not occur, however, and his claims go forward, OHA and the other private plaintiffs will not participate further in the lawsuit.

OHA Chairwoman Haunani Apoliona and Attorney General Mark Bennett issued the following joint statement: "There is no question that OHA and the State had significant differences with regard to this lawsuit. This settlement resolves those differences in a way we believe is beneficial to all citizens of Hawaii. We can now concentrate on working together on matters we all believe are crucially important to Hawaii, including the Akaka Bill. We look forward to doing so."

OHA Media Contact:
Crystal Kua
Director of Communications
P: 808-594-1983 C: 808-265-9308
E-mail: This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

State of Hawai'i Media Contact:
Mark J. Bennett, Attorney General
P: 808-586-1282
F: 808-586-1239