$328M settlement approved for Hawaiian homes beneficiaries | News, Sports, Jobs
The Maui News
An Oahu judge gave final approval on Friday to a $328 million settlement that will provide compensation for 2,515 beneficiaries who sued the state over its handling of the Hawaiian homes program.
First Circuit Judge Lisa Cataldo gave final approval to the settlement with the state, which puts to rest a 1999 lawsuit filed over breaches of trust by the state Department of Hawaiian Home Lands, according to a news release.
Beneficiaries filed the suit after the state suspended a claims process set up under a 1991 statute, which was intended to provide compensation to Native Hawaiians who waited decades to receive a homestead award guaranteed to them under the Hawaiian Home Lands Trust, according to the news release from the plaintiffs’ attorneys.
After more than two decades of litigation, including two trials and two appeals to the Hawaii Supreme Court, the settlement compensates beneficiaries for delays in homestead awards and other harm, resulting from the DHHL’s failures to manage the Home Lands Trust properly, the news release said.
During the 24 years of litigation, more than 1,100 class members died waiting without receiving any relief, while the state fought against their claims for compensation.
Payments are expected to begin being distributed after Sept. 1.
“We want to recognize and thank our class members and their families for their commitment to resolve these long-standing claims,” said class co-counsel Tom Grande. “This has been a long struggle and the resolution of this case has only been possible though our collective efforts.”
Grande added that the case “sets up a unique probate process” that allows for group resolution of the claims of the deceased class members’ estates.
The process will distribute approximately $100 million to the heirs of the 1,100 deceased class members.
“This settlement will provide an economic buffer for many Hawaii families who are living on the edge because they were denied the benefits of a homestead award, which is their birthright,” class co-counsel Carl Varady said. “Our appreciation is tempered by the knowledge that nearly half of the class members will not be with us to witness or celebrate the court’s ruling.”
Class members and relatives of deceased class members may get more information by calling the claims administrator at (808) 650-5551 or (833) 639-1308 or by visiting www.kalima-lawsuit.com.
The Hawaiian Home Lands Trust was established in 1923 after the illegal overthrow of the Hawaiian Kingdom. After the state assumed the trust obligations as a condition of statehood in 1959, the state sold trust lands to private parties, leased trust lands at below market rates, removed trust lands for public purposes and failed to properly fund the trust.
As a result, more than 30,000 Native Hawaiian currently are waiting for homestead awards, the news release said.
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