Section 2.  The State and its people do hereby accept, as a compact with the United States, or as conditions or trust provisions imposed by the United States, relating to the management and disposition of the Hawaiian home lands, the requirement that section 1 hereof be included in this constitution, in whole or in part, it being intended that the Act or acts of the Congress pertaining thereto shall be definitive of the extent and nature of such compact, conditions or trust provisions, as the case may be.  The State and its people do further agree and declare that the spirit of the Hawaiian Homes Commission Act looking to the continuance of the Hawaiian homes projects for the further rehabilitation of the Hawaiian race shall be faithfully carried out. [Ren and am Const Con 1978 and election Nov 7, 1978]


Attorney General Opinions


  This and preceding section may be deleted without consent of Congress.  Att. Gen. Op. 68-18.

  Prevents transfer to counties of title to highways on Hawaiian home lands.  Att. Gen. Op. 86-15.


Law Journals and Reviews


  Native Hawaiian Homestead Water Reservation Rights:  Providing Good Living Conditions for Native Hawaiian Homesteaders.  25 UH L. Rev. 85.

  A Modest Proposal for Determining Class Member Damages:  Aggregation and Extrapolation in the Kalima v. State Breach of Homelands Trust Class Action.  34 UH L. Rev. 1 (2012).


Case Notes


  In setting aside Hawaiian home lands, federal government undertook trust obligation benefitting aboriginal people.  State assumed fiduciary obligation upon being admitted as a state.  Commission's considerations gave undue weight to interests of State, county, and citizens or taxpayers generally, thus breaching fiduciary duty.  64 H. 327, 640 P.2d 1161.



Previous Vol01_Ch0001-0042F Next