Ka Wai Ola - Office of Hawaiian Affairs, Volume 20, Number 3, 1 Malaki 2003 — What are ceded lands? [ARTICLE]

What are ceded lands?

Hawai'i's public land trust includes more than 1.8 million acres of land, or about 43 percent of the land in Hawai'i. These lands were taken from the Hawaiian people during the overthrow of the Hawaiian Kingdom in 1893 and ceded with annexation to the federal government. Upon statehood, Hawai'i became trustee for about 1 .4 million acres. The Admission Act directed the state to manage and hold the lands in trust for five purposes, one of whieh is the betterment of conditions of native Hawaiians. In 1978 the state Constitution was amended to create the Office of Hawaiian Affairs and to fund it with ceded lands revenue. In 1980, the Legislature defined that share at 20 percent. Since then, OHA has often sued the state to enforce state payment of ceded lands revenue, as well as to halt illegal uses and sales of trust land. A 1990 state law (Act 304) that calculated those payments was ruled moot by the Hawai'i Supreme Court in Sept. 2001. OHA is seeking legislation this session that defines what portion of public trust lands are subject to OHA revenue payments. ■