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Native Lands Fight To Go Before Supreme Court
Hawaiians, Gov. Dispute Control Of Land At HIA
POSTED: 6:20 pm HST November 24,
2008
UPDATED: 10:33 pm HST November 24,
2008
HONOLULU -- Many Hawaiian leaders said Gov. Linda Lingle has been good for their community.But now an issue has come up that has put them on opposite sides before the U.S. Supreme Court.Honolulu International Airport is probably the best known example of a state facility on ceded lands, part of the 1.2 million acres of former Hawaiian kingdom lands that became state property upon statehood.
The fight between native Hawaiians and the governor boils down to control of that land.The 250 or so native Hawaiians and supporters aimed their "Pull the appeal" chant at the governor's office.Early this year the Hawaii Supreme Court ruled that former kingdom lands can't be sold or transferred until Hawaiian claims are resolved. The governor appealed that ruling to the U.S. Supreme Court, which will hear the case next year."If we have to take this gathering to Washington D.C., to the steps of the Supreme Court we will be there," native Hawaiian advocate Victoria Holt Takamine said."When these lands came to the state it was clearly for the benefit of all people, including native Hawaiians," Gov. Linda Lingle said.Many said they believe the ceded lands, which include schools, harbors, hospitals and housing projects, should be put under Hawaiian management."These lands should be returned to us not only for legal and moral reasons, but frankly because the state doesn't know what to do with these lands," UH Hawaiian Studies Director Jon Osorio said.Hawaiian leaders said they aren't just afraid they will lose the land case but fear the court could take away even more."Even undermine the Hawaiian homelands program and indeed all native Hawaiian programs and assets," said trustee Haunani Apoliona, with the Office of Hawaiian Affairs Chair.Office of Hawaiian Affairs lawyers said the court is increasingly hostile to native claims, but the attorney general is confident this case won't weaken Hawaiian rights."It's not impossible because nothing is impossible but I think that is extremely unlikely," State Attorney General Mark Bennett said.This case is one of only 10 accepted by the Supreme Court. Thirty-nine other states are asking the court to rule against OHA because they fear similar cases could attack their ability to manage the lands they received at statehood.
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