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The Honolulu Advertiser
Posted on: Wednesday, February 25, 2009

Decision probably months away

 •  Hawaii ceded-lands bills differ on which properties OHA would get

The U.S. Supreme Court was to begin hearing arguments at 5 a.m. HST from the Lingle administration and the Office of Hawaiian Affairs in what could be a landmark case involving ceded lands.

The high court granted state Attorney General Mark Bennett's petition for an appeal of a 2008 Hawai'i Supreme Court ruling that said the state cannot sell ceded lands until Native Hawaiian claims to those lands are resolved.

Oral arguments are expected to last an hour; a decision is not expected for several months.

The ceded lands at issue consist of 1.2 million acres of crown and government lands that were controlled by the Hawaiian monarchy at the time of the 1893 overthrow and subsequently transferred to the new state in 1959.

The Lingle administration said it is compelled to appeal the state court's decision because it raised questions about the state's title to the lands. OHA and Native Hawaiian interests, meanwhile, are fearful that the case will allow justices to touch upon larger issues such as whether Hawaiians-only programs and funds should exist at all.

Native Hawaiian groups are expected to protest the appeal today both in cities across Hawai'i and the Mainland. Security on the grounds of 'Iolani Palace will be beefed up by the state Department of Land and Natural Resources.

Friends of Iolani Palace, the group that operates the building, will close the facility for the day as precaution.