Ka Wai Ola - Office of Hawaiian Affairs, Volume 27, Number 9, 1 September 2010 — COURT WON'T INTERVENE ON PAST- DUE CLAIMS [ARTICLE]

COURT WON'T INTERVENE ON PASTDUE CLAIMS

The State Supreme Court has denied OHA's petition for a writ of mandamus, whieh would have required the Legislature to enact legislation regarding OHA's pastdue ceded lands revenue claims. "We naturally are disappointed at the court's ruling," said Clyde Nāmu'o, OHA Chief Executive Officer, of the Aug. 18 mhng. "However, we note that the court based its decision on its understanding of the technical requirements for a mandamus action. Nothing in the court's ruling calls into question oiu belief that the Legislature's position to hold off on these claims is contrary to the Hawai'i Constitution, Hawai'i statutes and the State's fiduciary duties owed to Native Hawaiians. "We will continue to pursue these claims." Revenues owed to OHA are for the State's use of ceded lands such as State airports, State hospitals, and Hawai'i Housing Authority and Hawai'i Housing Finance and Development Corp. projects. In 2008, OHA and the Lingle administration entered into a settlement agreement that would have resolved the past-due claims for $200 million, but the Legislature did not approve the proposed settlement. State lawmakers continued to rej ect settlement proposals in 2009 and 2010. In previous cases, the Hawai'i Supreme Court held that "it is incumbent upon the Legislature to enact legislation that gives effect to the right of Native Hawaiians to benefit from the ceded lands trust." ■

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