PUBLIC TRUST


Section 4.  The lands granted to the State of Hawaii by Section 5(b) of the Admission Act and pursuant to Article XVI, Section 7, of the State Constitution, excluding therefrom lands defined as "available lands" by Section 203 of the Hawaiian Homes Commission Act, 1920, as amended, shall be held by the State as a public trust for native Hawaiians and the general public. [Add Const Con 1978 and election Nov 7, 1978]


Attorney General Opinions


  Power and authority to generate proceeds from, or power to alienate, lands held in public trust, exist under this section; history of this section indicates that section was intended to reiterate the trust contained in Admission Act.  Att. Gen. Op. 95-3.


Law Journals and Reviews


  Courts and the Cultural Performance:  Native Hawaiians' Uncertain Federal and State Law Rights to Sue.  16 UH L. Rev. 1.


Case Notes


  Does not violate section 5 of the Admission Act.  921 F.2d 950.

  Where plaintiffs claimed standing to challenge the department of Hawaiian home lands (DHHL)/Hawaiian homes commission (HHC) leases as land trust beneficiaries and as state taxpayers, district court properly dismissed all claims against the United States and DHHL/HHC. 423 F.3d 954.

  Section imposes fiduciary duty on Hawaii's officials to hold ceded lands in accordance with trust provisions of §5(f) of Admission Act; citizens of State must have means to mandate compliance.  73 H. 578, 837 P.2d 1247.


















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