Posted by Pono Kealoha on March 11, 2008 at 9:53pm
OPPOSE Ceded Land Settlement: OHA/ State have no jurisdiction over Hawaiian National LandsWhy The OHA Settlement is a Bad Deal by Mililani Trask
Aloha mai,
Legal analysis from far and wide highly recommend that both HB266 HD2 and SB2733 SD2 be strongly OPPOSSED.
SB2733 SD2 is blatant, in regards to the waiver language, which states, "Such claims are forever barred and may not be brought by OHA or by any other person or entity."
On the other hand, HB266 HD2 is SILENT and is not inconsistent. Only an inconsistency between HB266 HD2 and the Ceded Land Agreement, allows the Legislative Act to prevail. Hence, the waiver language, "such claims are forever barred and may not be brought by OHA or by any other person or entity" PREVAILS.
Essentially, upon the recognition / reinstatement of the Nation, the Nation would have to negotiate with OHA and the only negotiable lands and monies would be those negotiated in the Ceded Land Settlement and current assets in OHA's procession. Why? Because, OHA on our behalf in this agreement through HB266 HD2 and SB2733 SD2 has "forever barred" any claims by an entity (NATION) or person (YOU). The Federal Government will tell the Nation to negotiate with the State. The State will tell you to negotiate with OHA, because OHA signed the Ceded Land Settlement Agreement and it was authorized through the Legislature.
The passage of both HB266 HD2 and SB2733 SD2 will be the next big ATROCITY in our history. We will be barring future generations (the unborn) from seeking claims - their rightful claims. HD266 HD2 and SB2733 SD2 could be heard anytime between Friday (March 14) and Wednesday (March 19). If you can, please be available to testify in person. In the meantime, you can send your testimony via email toreps@Capitol.hawaii.govandsens@Capitol.hawaii.gov.
Will be working on bullet points this evening, but please do not wait - Send In Your Opposition to both HB266 HD2 and SB2733SD2.
Aloha ‘aina e Richard Kinney ma:Eia analysis and recommendation from Waiakane Olokaa.We will discuss ThurHalawai 8 pm.KekuniHawaii ReporterFebruary 7, 2008
Recent Supreme Court Ruling On Royal Ceded Lands Backs Up the Claimthat the Hawaiian Kingdom Still ExistsBy Leon SiuAt last! The Hawaii Supreme Court issued a decision that the statecannot sell portions of the so-called "ceded lands" because it isunclear whether the State actually owns those lands.The court cites U.S. PL 103-150 (the Apology Law) as the basis fortheir decision. This 1993 Apology Law is essentially an admission bythe U.S. that it knowingly received stolen goods when it was "ceded"("fenced") the Hawaiian Kingdom lands by the rebel Republic of Hawaiigovernment in 1898. The U.S. Virtually admitted to stealing theHawaiian Islands. The thief confessed to the theft!Although it has taken this long to sink in to the state's legalminds, now the 'cat's out of the bag.' The court's premise is thatthe Apology Law amounts to a confession of the illegality of thestate's ownership of "ceded lands." It follows then, that the sameapology law is also a confession of the illegality of the U.S. andState of Hawaii's jurisdictional claims over these Hawaiian Islands.That means the sovereignty of the Hawaiian Kingdom could not havebeen (and never was) lawfully extinguished. Thus, though impaired andoverwhelmed by a U.S. invasion, the Hawaiian Kingdom still exists!Now isn't that awkward.In the 15 years since the Apology was issued, the state and (US)federal courts in Hawaii have vehemently quashed the assertion thatthe Hawaiian Kingdom still exists and have fiercely prosecutedHawaiian Nationals (lawfully living in their own country) on trumpedup misdemeanors boosted to felonies. In reality Hawaiian Nationalsare political prisoners, victims of police and judicial abuses totheir civil rights because they dare to profess the fact that theyare Hawaiian Citizens.It is not the Apology that has the force of law, it is the admissionthat many laws were broken and the sovereignty of a nation wascontinually violated in the usurpation and prolonged occupation ofthe Hawaiian Islands.Therefore, in light of the court's new revelations on the Apology,the state's announced "settlement" with the state/federal puppetagency, called the Office of Hawaiian Affairs, is laughable. Giventhe circumstances, the only just and righteous "settlement" is toreturn the lands and governing authority to the lawful HawaiianKingdom and its national citizens, not to OHA and its wanna-beHawaii-Indian Tribe. Malama Pono,Leon Siu is a local entertainer who can be reached at leon@hits.net
Why The OHA Settlement is a Bad Deal by Mililani Trask
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