Posted on: Monday, November 4, 2002

EDITORIAL
Ceded land settlement can't wait much longer

The Office of Hawaiian Affairs is seizing this pre-election moment to demand $10.3 million in back payments for the state's use of certain ceded lands, as well as a law that would restart ceded land payments.

The state counters that because the Hawai'i Supreme Court struck down the law that set up a formula for ceded land payments to OHA — because it conflicted with a federal law — it cannot make any payments, and the matter will have to be taken up by the next Legislature.

We certainly cannot blame OHA for putting on the pressure. It hasn't received ceded land payments from the state for at least a year. As for the details of a settlement, we can't say how much OHA is owed. That's a matter to be determined by lawmakers and negotiating teams.

Those running for state office should prepare to rid the state of this dark cloud.

The Hawai'i Supreme Court has held that the state has a constitutional obligation to pay OHA a share of ceded land revenues, which are former crown and government lands held in trust for public benefits, including the betterment of Hawaiians.

In light of that, we expect Hawai'i's next governor and Legislature to meet that obligation, and for both sides to negotiate a fair settlement that neither cripples the state nor hinders OHA's constitutional mandate.