Legal Question in Real Estate Law in Hawaii

Re: Racial/Ethnic Homestead Property (Leashold)

This is both possible and legal, for much the same reasons that mainland Indians are able to have reservations and run casinos. There has been a number of Supreme Court decisions resulting in a fairly well-established recognition that Native Americans and their lands are sort of like soverign nations, occupied by a superior and victorious military force, but nevertheless still soverign. We make up the rules for the Hawaiians, but they don't have to be the same as for Americans.

In about 1920, Congress created the Hawaiian Homes Land Trust to provide lands for the use and benefit of native Hawaiian people of at least 50 percent native blood. See Public Law No. 67-34, 42 Stat. 108 et seq. (1921). The validity and interpretation of this set-aside was considered and upheld in Price v. State of Hawaii (1985) 764 F.2d 623 and cases cited therein.

So, the "discrimination" that appears to be taking place is legally permissible because it is based on "nationality" or "Citizenship" rather than on race or national origin. Seems pretty synthetic, right? It takes a lengthy review of the legal history of the relationship between the United States and the Native American tribes to understand this, or to understand why Indians can run casinos and have their own courts, jails and license plates. It's sort of like when the Allies occupied Germany in 1946. There were separate rules for the occupiers and the occupied.

Re: Racial/Ethnic Homestead Property (Leashold)

Good question. I would consider suing for a declaratory judmgnet invalidating the restriction.