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Finance committee pauses bill that would give counties power to reclassify ceded lands after extended public opposition

5337510 · February 26, 2025
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Summary

After extended public comment the House finance panel deferred a bill (HB1318) that would have broadened county authority over state public and ceded lands, citing unresolved legal and trust questions.

Lede The House Committee on Finance deferred HB1318 on May 20 after hours of public testimony and legal argument urging the committee to reject or pause any effort to grant counties broad authority over ceded, crown and government lands.

Nut graf Speakers opposed the bill on legal, historical and cultural grounds. Testimony from Native Hawaiian organizations, lineal descendants and advocacy groups said the state lacks authority to alienate lands claimed as Hawaiian Kingdom crown and ceded lands without resolving title and trust obligations first. Multiple witnesses urged the committee to protect lands held in the public trust rather than reclassify them for short‑term housing or development use.

What witnesses said - “Public lands are held in trust for future generations…Public Law 103‑150, the apology resolution, acknowledges this historic injustice,” said Helen Sonora Pali of a Native initiative for self determination, who asked legislators to reject reclassification that could enable 99‑year leases. - Ramsey Tom of the Center for Restoring Sovereignty argued the legislation “sets a dangerous precedent that prioritizes short term economic concerns over long term land protection” and urged the legislature to resolve jurisdictional issues and trust obligations before transfers. - Alfred Maderos, who testified in opposition and identified himself as a frontline farmland steward, described the bill as another threat to ancestral and community lands and called for preserving the corpus of the public land trust.

Legal and policy context Witnesses repeatedly referenced HRS 171, the statutory definition of “public lands,” ceded lands and the state’s ongoing obligations under federal Public Law 103‑150 (the 1993 apology resolution). Several testifiers said the bill’s proposed authorization of 99‑year leases would effectively alienate lands that remain subject to trust or unresolved title claims. County and state agency witnesses told the committee that current law already includes multiple exemptions and set‑aside mechanisms (for example, university, DOT and Department of Education set‑asides) and suggested the conversation should focus on procedural barriers rather than wholesale reclassification of public trust lands.

Committee response and outcome After the public testimony, the committee chair said the measure would be deferred for further consideration. Members said they wanted more legal analysis and consultation with Native Hawaiian stakeholders before acting on transfers or reclassification of lands that many speakers said are Hawaiian Kingdom crown lands or ceded lands.

Quotes - “This bill allows for 99‑year leases, which effectively grants de facto ownership to developers, severing Kanaka Maoli from our land for at least three generations,” said Helen Sonora Pali. - “There are large vacant private lands that could be used for affordable housing without sacrificing the public land trust,” Ramsey Tom told the committee.

Clarifying details from testimony - Several speakers asserted that “98% of so‑called state owned lands are in fact stolen Hawaiian kingdom lands” and referenced the apology resolution (Public Law 103‑150). - Kauai County officials explained HRS 171 already contains multiple exemptions (the county cited HRS 171‑2 and examples such as lands set aside to the University of Hawaii or the Department of Agriculture) and said set‑asides shift oversight rather than enabling alienation.

Why the committee deferred The committee chair explicitly cited the breadth of public concern and the need for additional legal review. Testimony highlighted unresolved title and trust questions that legislators said required careful legal drafting and consultation with Hawaiian organizations before any transfer or reclassification authority was enacted.

Provenance (selected evidence) - Public testimony opposing HB1318, including Ramsey Tom (Center for Restoring Sovereignty), Alfred Maderos (community testimony), Helen Sonora Pali (Native initiative for self determination) — see transcript segments s=2388–s=3852 and s=3665–s=3852. - County and agency background on HRS 171 exemptions — testimony from Kauai County housing officials (s=2774–s=2831).

Speakers (selected) Ramsey Tom, Center for Restoring Sovereignty (testimony); Alfred Maderos, community speaker; Helen Sonora Pali, Native initiative for self determination (testimony); Jerry Yamashita, Kauai County housing agency (county official testimony).

Authorities cited in testimony - Public Law 103‑150 (1993 Apology Resolution) — cited by multiple witnesses. - HRS 171‑2 (statutory definition and exemptions for public lands) — referenced by county officials as containing multiple exemptions.

Next steps The committee asked for supplemental legal analysis and more stakeholder consultation. The deferral leaves HB1318 alive for later consideration but makes further action contingent on legal clarifications and negotiations with Native Hawaiian stakeholders.