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.
H.R. 121 is a House Resolution urging the Governor to protect Hawaii’s state public land trust and Native Hawaiian rights, and signaling that the Legislature is prepared to respond if the federal government begins condemnation proceedings against state lands. The resolution frames state lands, including ceded lands, as held in public trust under the Organic Act, the Hawaii Admission Act, and the Hawaii Constitution, and argues that federal condemnation would interfere with the State’s constitutional duties to conserve and manage those lands for the benefit of the people of Hawaii.
The resolution also ties its policy concerns to historical and ongoing harms associated with military activity in Hawaii, including environmental contamination and cultural damage. It states that if condemnation proceedings are initiated, the Governor should support legislation to suspend or repeal a broad set of statutory benefits and accommodations currently provided to military personnel, dependents, and related entities across education, taxation, housing, licensing, retirement, hunting and fishing fees, insurance, professional licensing, consumer protections, and legal defenses. The measure is therefore primarily a policy statement and contingency plan rather than an immediate change to law.
As a resolution, H.R. 121 does not itself amend the Hawaii Revised Statutes, but it urges executive and legislative action that could lead to repeal or suspension of numerous military-related statutory provisions if federal condemnation proceedings occur. The listed statutes span education funding and tuition waivers, residency and tax exemptions, retirement and licensing accommodations, housing and consumer protections, and civil/legal protections for service members. Its practical impact is to place the Governor and Legislature on notice that these benefits may be reconsidered as leverage or response in a land condemnation dispute involving the federal government.
The overall sentiment in the resolution is strongly protective of the public land trust and Native Hawaiian rights, and strongly skeptical of federal condemnation of state lands. The text presents a united legislative posture and emphasizes readiness to act if the federal government moves against state lands. No committee transcripts or recorded votes were provided, so there is no additional evidence of divided sentiment or formal opposition in the available record.
The main point of contention is the resolution’s conditional threat to reassess or repeal statutory benefits for military personnel and their families if the federal government initiates condemnation proceedings. Supporters of the resolution appear to view those benefits as policy tools that should be reconsidered in defense of state sovereignty, Native Hawaiian rights, and environmental stewardship. Potential opponents would likely include military stakeholders, affected service members and dependents, and agencies or institutions that rely on the existing statutory accommodations, especially because the resolution links a land dispute to a wide range of unrelated benefits and exemptions.