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HI SR99
Resolution
Status
3/11/2022
Primary Sponsor
Laura Acasio
Click for details
AI Summary
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Urges the Governor to comply with the Hawaii Supreme Court's 2020 ruling in Kalima v. State of Hawaii and cease opposing payment of damages to Hawaiian Home Lands Trust beneficiaries.
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References a decades-long legal case beginning in 1999 where the court determined the State breached its trust obligations to native Hawaiian beneficiaries on the waiting list for homesteads.
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Notes the Hawaii Supreme Court ruled in 2020 that the State breached its duties as trustee, that damages should be calculated using a fair market value model, and that the State bears the burden of proving reduced damages eligibility.
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States the case remains in litigation in First Circuit Court because the State continues to contest the court rulings rather than amicably settling claims and calculating damages for eligible beneficiaries.
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Directs transmission of a certified copy of the resolution to the Governor.
Legislative Description
Urging The Governor To Comply With The Hawaii Supreme Court Ruling In Kalima V. State Of Hawaii And Stop Opposing The Payment Of Damages To Beneficiaries Harmed By The State's Breach Of Trust.
Governor
Last Action
Referred to HWN/JDC.
3/16/2022