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HCR 129

URGING THE GOVERNOR TO PROTECT THE STATE PUBLIC LAND TRUST AND NATIVE HAWAIIAN RIGHTS, WITH THE UNDERSTANDING THAT THE LEGISLATURE IS PREPARED TO TAKE ACTION IF THE FEDERAL GOVERNMENT INITIATES CONDEMNATION PROCEEDINGS AGAINST STATE LANDS.

2026 Regular Session Introduced by Kim Coco Iwamoto and 1 co-sponsor

Hawaii legislature urges governor to defend state public lands and Native Hawaiian rights against potential federal condemnation, pledging legislative intervention if needed.

Offered
#condemnationproceedingsinitiatedbytheunitedstatesgovernment #publiclandtrust #suspensionorrepealofcertainprovisionsofthehawaiirevisedstatutes
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Bill Summary · HCR 129

Legislative bill overview

HCR 129 is a concurrent resolution urging Hawaii's Governor to protect state public lands held in trust and Native Hawaiian rights, while signaling legislative readiness to intervene if the federal government pursues condemnation proceedings against state lands. The bill does not create new law but expresses the legislature's intent and commitment on these matters.

Why is this important

Hawaii's public land trust contains historically significant lands with deep cultural and sovereignty implications for Native Hawaiians. Federal condemnation actions could threaten state control over these lands and affect Native Hawaiian access to and stewardship of culturally significant territories, making this a core issue of self-determination and land rights in Hawaii.

Potential points of contention

  • Ambiguity on "action": The resolution's promise that "the legislature is prepared to take action" is vague—it's unclear what specific legislative remedies are contemplated or whether they would be legally effective against federal authority
  • Federal authority limits: States have limited power to prevent federal condemnation under the Takings Clause; this resolution may signal intent that cannot be practically enforced without clear implementing legislation
  • Scope of "Native Hawaiian rights": The resolution doesn't specify which rights or lands are prioritized, leaving room for interpretation disputes about appropriate protections and resource allocation

Compiled from official sources — confirm details with the bill’s official record.

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