Mauna Kea

2 items

HI Supreme Court Concludes that State DOT, DHHL, and the Hawaiian Homes Commission Breached Trust Duties on Mauna Kea when DOT Seized Control of Access Road

DOT did not have the authority to unilaterally designate the [Mauna Kea Access Road] as a state highway. And although the record is unclear as to DHHL’s actions in 2018, it certainly should not have relinquished “control and jurisdiction” without consulting with the beneficiaries as required by 43 C.F.R. § 47. Such acquiescence deprived Native Hawaiian beneficiaries of income from and use of the land — an abandonment of mālama ‘āina, or care for the land. [Opinion at 41-42 (emphasis added)] On May 30, 2024, the Hawaiʻi Supreme Court issued a unanimous decision in favor of native Hawaiian beneficiaries ...

May 31, 2024|Categories: Access Rights, Hawaiian Home Lands, Mālama ʻĀina, Mauna Kea|Tags: |

NHLC Asks HI Supreme Court to Hold State Accountable to Trust Duties After Seizure of Hawaiian Home Lands Underlying Mauna Kea Access Road

By Senior Staff Attorney Ashley K. Obrey On December 14, 2023, the Hawai‘i Supreme Court held oral argument in Kanahele, et. al. v. State, et. al., SCAP-22-0000268, a breach of trust case against the state Department of Transportation (“DOT”) as well as the Department of Hawaiian Home Lands and the Hawaiian Homes Commission (hereinafter, collectively, “DHHL”) to ensure proper management of Hawaiian Home Lands trust lands underlying the Mauna Kea Access Road (“MKAR”). Prior to 2018, the 65 acres underlying the MKAR were recognized as a part of the Hawaiian Home Lands trust. The trust was created by the United ...

February 2, 2024|Categories: Hawaiian Home Lands, Mauna Kea|Tags: |
Go to Top