SB 1085
3/18/2009
Dear Madam Chair Carroll, Madam Vice-Chair Shimabukuro and Members of our House of Representatives,
My name is (insert name here). It is important that you pass Senate Bill 1085. Statements and questions by United States Supreme Court justices show that this issue is a matter of state law and that moratorium legislation is appropriate.
On February 25, 2009, the Supreme Court of the United States heard oral arguments for the ceded lands case. One of the more “conservative” Justices, Samuel Alito told the Attorney General that the ceded lands case seemed to be more of a state issue. Justice Alito said, “If the Apology Resolution is put aside, I’m not quite sure what is left, other than State-law issues.”
Justice Alito showed his familiarity of Senate Bill 1085 when he asked the Attorney General Mark Bennett, "[W]ould there be anything to prevent the Hawaiian legislature from passing a law that says, we have absolute -- we have title to these lands, but we are going to impose a five-year moratorium on any transfer of these lands because we want to promote a reconciliation process?"
The Attorney General’s response to this inquiry, in part, was, “certainly under the terms of the Admission Act, the authority given the political branches for the management and disposition of the lands is broad . . . .” The Attorney General continued to say that such an action would be against the Federal common law of trusts, but Justice Souter immediately disagreed and commented that the Hawai‘i Supreme Court’s “reasoning seems to rest upon some kind of State equity law or trust law.” He further stated, “the only thing they are disclosing right now is -- aside from the Apology Resolution, seems to be State trust law.”
Other statements made, as can be found in the transcripts, show that our state legislature can pass laws regarding these lands. But such legislation should be made in conformity with one of the trust purposes, as described in the Admission Act.
Because the ceded lands is an issue of our State and because some guidance has been provided on how to proceed, I urge the Senate to pass Senate Bill 1085.
Sincerely,
(insert name here)
Oral argument transcripts are available at http://www.honoluluadvertiser.com/graphics/cededlands.pdf.
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