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GOVERNOR LINGLE AND OFFICE OF HAWAIIAN AFFAIRS REACH PERMANENT SOLUTION TO CEDED LANDS DISPUTE

For Immediate Release:  January 18, 2008

HONOLULU – Governor Linda Lingle and the Office of Hawaiian Affairs (OHA) Board of Trustees today announced an historic settlement that permanently resolves the ceded land revenues dispute that has been ongoing for more than 25 years.  The settlement, which is subject to legislative approval, includes a mix of cash payments and land transfers with a total value of $200 million.

As part of the settlement, OHA will receive $13,189,169 from the state, as well as three parcels of state land with a total assessed value of approximately $187 million.  The land includes approximately 100 acres makai of Kalaeloa (known previously as the Campbell Feedlot) and approximately 18 acres in Kaka‘ako Makai on O‘ahu, as well as approximately 80 acres on Banyan Drive in Hilo, which is currently occupied by several hotels and a condominium-hotel.

In addition, OHA will receive $15.1 million each fiscal year beginning July 1, 2008, which is the amount OHA currently receives by statute. 

“This completely settles the dispute for both the past and future,” according to Attorney General Mark Bennett, who represented the state in the negotiations.

The unprecedented agreement between the state and OHA completely resolves any and all claims and disputes relating to the portion of income and proceeds from the lands of the public land trust, known as ceded lands, for use by OHA.  Under the settlement agreement, those claims, dating as far back as November 1978, are now settled and there can never be a suit in the future on any of those claims.

“For more than 25 years the state and OHA have had a dispute regarding the amount of ceded land payments owed to OHA,” said Governor Lingle.  “While we have had a clear, constitutional obligation since 1978 to share ceded land revenues, the amount has always been disputed.  I am pleased that the state and OHA have reached a reasonable, fair and just settlement to permanently and completely resolve this ongoing dispute that is in the best and long-term interest of native Hawaiians and all the people of Hawai‘i.”

“This is an example of how long-standing disputes can be resolved successfully through negotiations with entities representing government and native Hawaiians,” OHA Chair Haunani Apoliona said.

Resolving this long-standing ceded land revenues dispute has been a priority for the Governor since the start of her Administration.  In February 2003, Governor Lingle issued an Executive Order to make back payments of approximately $11.2 million and resume ceded land revenue payments that were stopped by the previous administration.  That same year, the Legislature passed and the Governor signed a bill approving the payment of an additional $9.5 million in ceded land revenues due to OHA. 

Since then, the state and OHA have continued to work toward reaching a mutual agreement that has resulted in today’s historic and permanent settlement. 

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For more information, contact:

Mark Bennett
Attorney General
Phone: (808) 586-1282

Lenny Klompus
Senior Advisor – Communications
Phone: (808) 586-7708

Russell Pang
Chief of Media Relations
Phone: (808) 586-0043

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