The provisional government ceded sovereignty of the lands of Hawai‘i to the United States, 56× 56. Hawaii laws enacted in 1979 defined the “public land trust” as all proceeds and income from the sale, lease or other disposition of Ceded Lands and authorized OHA to collect, administer and expend 20 percent of all funds derived from the “public land trust” for … Payments of the income from the ceded lands to the Department of Education ceased. In January 2008, the Hawaiʻi Supreme Courtruled in favor of OHA and the individual plaintiffs. All funds derived from the sale or lease or other disposition of public lands shall be appropriated by the laws of the State; provided that all proceeds and income from the sale, lease, or other disposition of lands ceded to the United States by the Republic of Hawaii under the joint resolution of annexation, approved July 7, 1898 (30 Stat. Th… 1980 – Legislature sets OHA’s share at 20%. Nonetheless, despite these many legal complexities, the term “ceded lands” is widely used now to refer to the lands in Hawaii that were transferred to the United States at the time of annexation. 57× 57. Result: 20% of ceded lands revenue goes to agency for the benefit of 5% of population. Income from ceded lands no longer goes to Department of Education. After the U.S. Congress passed the landmark Apology Resolution in 1993, the Hawaii State Legislature passed similar legislation acknowledging that many Native Hawaiians view the 1893 overthrow as illegal and that lands taken without their consent should be returned. The Hawaii Supreme Court, it argues, misconstrues the Apology Resolution as affecting a change in "the body of law" governing the ceded lands the United States acquired in 1898. In 1978 Hawaii’s Constitution was amended to create OHA. This guide was created for the Spring 2018 students in HWST 441 Ceded Lands: 1848 to Present. OHA and four individual plaintiffs filed suit to challenge a pending transfer of ceded lands and further enjoin the state from selling any other ceded lands. §171-18 Public land trust. MacKenzie, supra note 45, at 27. transferring title of 1.8 million acres of these so-called Ceded Lands in an act later reaffirmed by Congress in 1900.
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