Ka Wai Ola - Office of Hawaiian Affairs, Volume 3, Number 1, 1 January 1986 — Court Once More Reaffirm's OHA's Right to Sue State [ARTICLE]

Court Once More Reaffirm's OHA's Right to Sue State

Circuit Court Judge Edwin Honda for the second time within the past few months upheld the right of the Office of Hawaiian Affairs to sue the State. OHA is seeking a court order forcing the State to comply with a law whieh entitles it to receive 20 percent of all ceded land ineome. Ceded lands are those whieh were taken without compensation from the Crown and the Hawaiian Government when Hawaii was annexed by the United States in 1898. Up to now, the State has refused to pay to OHA the ineome from those ceded lands whieh are under the jurisdiction of the State Department of T ransportation. These consist mainly of harbors and airp>orts. In March, 1984, OHA filed suit to force eomplianee with the law. The State responded by claiming that OHA could not sue because of the doctrine of "sovereign immunity" and asked for dismissal of OHA's suit. On Sept. 20, 1985, Honda rejected the State's

argument. However, in November, the Attorney General's office asked Judge Honda to reconsider that decision, claiming that the section of the law whieh allots 20 percent of all Ceded Land Trust Revenue to OHA violates the State Constitution. OHA Trustee Rod Burgess, chairman of OHA's Ad Hoe Committee on Ceded Land, at that time accused the State of attempting to delay the legal process. Burgess said: "The State is resorting to a desperate last ditch tactic to deprive the Hawaiian people of their rightful share of ineome from lands held in trust by the State of Hawaii." Honda on Dec. 9 notified parties to the suit that he has denied the State's motion for reconsideration. OHA attorney David Schutter responded by saying: "Thank God we ean finally go forward to litigate OHA's entitlement on the merits." A date for the trial has not yet been selected. J