Ceded lands facts for kids

In 1898, the United States Congress took control of Hawaiʻi. This happened through a special decision called a Joint Resolution. There was a big debate back then, and still is today, about whether this was the right way for the U.S. to get Hawaiʻi.

When Hawaiʻi became part of the U.S., the government of Hawaiʻi gave about 1.8 million acres of land to the United States. These lands are now managed by the State of Hawaiʻi. In 1993, the U.S. government officially said sorry to the Native Hawaiian people. They admitted that these lands were taken "without the consent" of the Native Hawaiian people or their government. They also said that Native Hawaiians "never directly gave up their claims" to these lands.

These lands are often called "ceded lands" or "public lands." But some people call them "seized lands" or "Hawaiian national lands." This highlights that many believe the land transfer was not fair or legal. It also shows that Native Hawaiians still have claims to these lands. Many Native Hawaiians want the lands returned. Others want money for the use of the land over the years.

Today, the U.S. government and the State of Hawaiʻi mostly control these lands. Efforts have been made to list all the ceded lands. In 2018, the Department of Land and Natural Resources started a website to track state and county-managed lands. Many important places, like airports and military bases, are on these former Hawaiian Kingdom lands. This makes the issue even more complicated.

Hawaiʻi's Land History: A Quick Look

The Great Māhele in 1848 changed how land was owned in Hawaiʻi. Before, land was shared by everyone. The Māhele changed it to a system where people could own land individually. This was done to help protect Hawaiian land from foreign interests.

On January 17, 1893, a small group of businessmen, with help from the U.S. military, illegally overthrew the Hawaiian Kingdom. This led to a temporary government, then the Republic of Hawaiʻi. In 1895, new land laws were made. These laws combined the King's lands and government lands into one group called "public lands." This also allowed these lands to be sold. The U.S. Joint Resolution that took control of Hawaiʻi recognized that these lands were special. It said their money and profits should be used only to benefit the people of Hawaiʻi for education and other public needs.

Hawaiʻi as a U.S. Territory (1900-1959)

From 1900 to 1959, the United States governed Hawaiʻi as a territory. Even though the U.S. claimed ownership of the lands, the Territory of Hawaiʻi managed them. Any money made from these lands was supposed to help the people of Hawaiʻi. Many believe these lands were always meant to benefit Hawaiʻi's people.

In 1921, the Hawaiian Homes Commission Act set aside about 203,500 acres of public land. These lands were for Native Hawaiians to lease for 99 years. By 1959, when Hawaiʻi became a state, about 287,000 acres of Hawaiʻi's former government and Crown lands were used by the U.S. federal government. For example, the island of Kahoʻolawe and Mākua Valley on Oʻahu were used by the military.

What Happened After Hawaiʻi Became a State?

In 1959, the U.S. Congress passed the Hawaiʻi Admission Act. This law transferred most of the government and Crown lands to the State of Hawaiʻi. The state became the trustee, meaning it was responsible for managing these lands. The new State of Hawaiʻi then leased about 30,000 acres back to the U.S. for 65 years, for just one dollar per lease.

The Admission Act said that money from selling or using these lands should be held by the state as a "public trust." This money was meant to support public schools, help Native Hawaiians, encourage home ownership, build public improvements, and provide land for public use.

Almost 20 years later, in 1978, leaders at Hawaiʻi's Constitutional Convention realized that the part about helping Native Hawaiians had not been followed well. They added new sections to the State Constitution to fix this. They created the Office of Hawaiian Affairs (OHA). OHA was set up to receive a portion of the money from these trust lands.

Money from the Trust Lands

In 1980, the State Legislature passed a law saying that 20 percent of the money from ceded lands would go to OHA. Since then, the state and OHA have often disagreed about which lands OHA should get money from. For example, they argued about money from the Honolulu airport, which is on ceded land.

In 2001, the Hawaiʻi Supreme Court said that a 1990 law about OHA's share was not valid. But the court also said the state had a duty to make sure Native Hawaiians benefited from the ceded lands. In 2006, a new law set the yearly payment to OHA at $15.1 million. It also required a one-time payment of $17.5 million to OHA for past underpayments.

In 2012, OHA and the state reached another agreement. This settled past payment claims and transferred ten pieces of property in Kakaʻako to OHA. The debate over how much money OHA should receive from these lands is still ongoing. Some recent studies suggest OHA should receive closer to $35 million annually, not $15.1 million.

Court Cases About Selling Trust Lands

After the U.S. Congress passed the important Apology Resolution in 1993, Hawaiʻi's Legislature passed a similar law. It recognized that many Native Hawaiians saw the 1893 overthrow as illegal. They believed lands taken without consent should be returned.

OHA and some individuals went to court to stop the state from selling ceded lands. In 2008, the Hawaiʻi Supreme Court sided with OHA. The court said that just giving money would not be enough. This is because Native Hawaiians have a deep cultural and spiritual connection to the land. The court noted that the ceded lands were taken illegally and that future reconciliation with Native Hawaiians was important. It also said that once these lands are sold, they are gone forever.

In 2009, the U.S. Supreme Court sent the case back to the Hawaiʻi Supreme Court. Most of the lawsuit was later settled outside of court. In 2011, a law was passed requiring a two-thirds vote in the Legislature to permanently sell any ceded lands. In 2014, another law made it easier to exchange public lands for private lands, requiring only a simple majority vote.

Court Cases About Managing Trust Lands

Many Native Hawaiians and Hawaiʻi residents are concerned about the U.S. military using large areas of trust land and how they use it. In 2019, the Hawaiʻi Supreme Court ruled that the state has a duty to protect ceded lands. This case involved the state leasing about 22,900 acres to the U.S. military at Pōhakuloa on Hawaiʻi Island. The court said the state must keep an eye on how others use the property.

Mauna Kea is also part of these former government and Crown Lands. People who call themselves "Protectors" of the mountain believe these lands were taken illegally. They argue that the U.S. and State of Hawaiʻi do not have the right to control them. They have made several legal claims about this.