In November 2008, Hawaiians gathered at the state Capitol to protest the state's announced plans to petition the U.S. Supreme Court over their right to sell former Hawaiian Kingdom lands. - Photo: Blaine Fergerstrom

By T. Ilihia Gionson / Ka Wai Ola Loa

Gov. Linda Lingle on July 13 signed Senate Bill 1677 into law, which will require a 2/3 majority of both the Hawai'i State House and Senate to approve any transfer or sale of ceded lands.

Although it is not a full moratorium on the transfer of ceded lands, the law brings some closure to a battle to stop the sale of former Hawaiian kingdom land that has spanned a decade and a half.

Gov. Linda Lingle signed SB 1677 on July 13, ending years of debate over the sale of ceded lands. - Photo: Blaine Fergerstrom

In 1994, the Office of Hawaiian Affairs and four individual plaintiffs sued the state to stop it from selling 1,500 acres of ceded lands on Maui and Hawai'i. In January 2008, after rulings in lower courts, the Hawai'i Supreme Court ruled that the Public Land Trust, 1.2 million acres of former Hawaiian crown and government lands, must remain intact until the unrelinquished claims of Native Hawaiians are addressed.

Lingle appealed the Hawai'i Supreme Court decision to the U.S. Supreme Court, which heard the appeal in February of this year. The court sent the case back to the Hawai'i Supreme Court.

In January 2009, Hawaiians again massed in protest, this time on Kalākaua Ave., to protest the state's desire to sell ceded lands. - Photo: Blaine Fergerstrom

In May, the Office of Hawaiian Affairs and three of the four plaintiffs in the original lawsuit agreed with the state that should SB 1677 become law, both sides would settle the lawsuit.

"Actions in the Hawai'i Supreme Court can now move forward. The Office of Hawaiian Affairs will follow the attorney general's lead in this regard. We believe that dismissing this appeal is in the best interest of the Hawaiian community," said OHA administrator Clyde Nāmu'o.

On February 20, 2009, OHA held a press conference on the grounds of 'Iolani Palace to ask the Gov. to withdraw the state's U.S. Supreme Court petition. - Photo: Blaine Fergerstrom

The fourth plaintiff, University of Hawai'i at Mānoa Hawaiian Studies professor Jonathan K. Osorio, did not agree to the settlement and will continue to pursue the lawsuit on his own.

With the governor's signature, Senate Bill 1677 became Act 09-176.

In the wee hours of February 25, 2009, Hawaiians gathered at the state Capitol for the Kūkulu Kumuhana vigil while the U.S. Supreme Court heard the state's case. - Photo: Blaine Fergerstrom

Read more about this story in the
August edition of Ka Wai Ola.