Ka Wai Ola - Office of Hawaiian Affairs, 1 January 1984 — OHA TO FILE SUPREME COURT BRIEF IN SUPPORT OF BISHOP ESTATE [ARTICLE]

OHA TO FILE SUPREME COURT BRIEF IN SUPPORT OF BISHOP ESTATE

On December 2. 1 9H3. the OHA Board ol Trustees voted unanimously to lile an amicus curiae (friend ol the court) briefwith the U.S. Supreme Court supporting the Kamehameha Schools Bishop Estate's position that the Hawaii Land Reform Act is uneonstitutional. lJassed by the l.egislature in I967, the Hawaii Land Reform Act provides a vehicle by w hieh the lessees of residential leasehold lots may acquire fee simple title to their lots. Under this law, lessees mav petition the State, through the Hawaii Housing Authority (HHA), to use its power ol' "eminent

domain" to condem the residential lots of the applicant lessees and transfer title to them. ln February I979. the Kamehameha Schools Bishop Estate filed suit in Federal Court chalienging the constitutionality ol the law. On March 29, I983, the 9th Circuit Court declared the Hawaii Land Reform Act unconstitutional because it serves a private rather than public purpose. The State of Hawaii has appealed this decision to the U.S. Supreme Court whieh has agreed to hear the case in earlv I984. Ehe decision by the OHA Board ol Trustees to file the brief on hehall' ol the Estate is based on the trustees eoneem for the protection ol our Hawaiian resources. The revenues

generated by the Bishop Estate are used to operate important educational programs benefiting the Hawaiian people. 1 he OHA trustees also support the Estate's position on the unconstitutionality ol the Hawaii Land Reform Act. lt is the position ol the trustees that the State's use of eminent domain condemnation powers to take land from one private party in order to convcy it to anothcr private party docs

not constitute a "puhlie purpose", and that the compensation lormulas used to determine payment do not constitute "just compensation." The Board ol Trustecs has retained attornev Bruss Keppeler to prepare the brief on OHA's behalf. 'Ehe U.S. Supreme Court is scheduled to hcar the case in February or March of this ycar and is expected to rcnder its dccision on the constitutionality ol thc Hawaii Land Reform Act by next summer.