Information for class members

To qualify as a class member, you must have filed a claim with the Hawaiian Claims Office between 1991 and 1995.

Aloha!

On June 30, 2002, the Hawaii Supreme Court ruled in favor of the class members and will return the case to the circuit court to begin the claims process in which eligibility and the amounts of damages for Waiting List claims will be calculated.  The Court will also decide how to resolve non-waiting list claims, such as loans, leases and construction issues.

YOU DO NOT HAVE TO TAKE ANY ACTION AT THIS TIME.  PLEASE CHECK THIS WEBSITE FOR IMPORTANT UPDATES.

YOU MAY HAVE QUESTIONS.

Once the Hawai‘i Supreme Court sends the case back to the circuit court, a Special Master will review the class members’ claims and make findings on eligibility and defenses raised by the state.  

Damages will be measured for all residential class members by the fair market rental value of a residential lot in Ma`ili for each year they waited.  Damages will be measured for agricultural and pastoral class members by comparable neighbor island lots.  

The Special Master will send recommendations to the judge, who must approve them.

Class members will receive a formal notice of award and can accept the award, file objections with the judge, or opt for out of pocket expenses.

Do I have to do anything right now?  

No, your claim will be presented based upon the written claim and evidence you submitted to the Panel.  If more information is needed, someone will contact you.  

Am I being represented in the claims process?

Class counsel will represent class members in the Waiting List claims process.  Your claim will be presented based upon the written claim and evidence you submitted to the Panel.  If more information is needed, someone will contact you.
Class Counsel has not been appointed by the court to represent individual claimants if you have another type of claim (lease, loan, construction), which will be resolved after the Waiting List claims are decided.  

What communications can I expect to receive regarding the Kalima Lawsuit?

You may receive official mail from the Claims Administrator  hired by the Special Master.  All letters will reference the Kalima lawsuit or Kalima Claims Administration in the return address.
If you are requested to submit information on your claim, please do so promptly.

How do I find out about the status of my claim?

Notice will be sent to you once your claim has been referred to the Special Master and after the Special Master has made recommendations for relief to the Court.

How Do I Update My Contact Information? 

Go to the Contact Us page on this website and submit your new address on the form.

I’m elderly and I don’t know if I will live to see the end of this lawsuit.  If I die, will I lose my claim?

You should designate a successor to your claim in this case in your will or your trust.  If you have further questions, please seek the advice of an attorney who specializes in wills and trusts.
You can find a lawyer by contacting the Hawai'i State Bar Association Lawyer Referral Service:

WEBSITE:  http://hawaiilawyerreferral.com
CALL:  (808) 537-9140
EMAIL:  iris@hsba.org

If you cannot afford a lawyer, contact Volunteer Legal Services of Hawai'i (formerly Hawai'i Lawyers Care):

WEBSITE:        https://www.vlsh.org
CALL:               Oʻahu: (808) 528-7046
Hawai'i Island: (808) 313-8210     
Kaua'i:      (808) 698-8210
Maui:        (808) 727-8210    

TYPES OF CLAIMS:

Waiting List Subclass – Everyone who filed a claim with the Hawaiian Claims Office (HCO) Claims Panel is part of the Waiting List Subclass, though not all of the class members will receive compensation because of defenses the state may raise.  Each subclass member who submitted a DHHL application before June 30, 1988, is a qualified Native Hawaiian, and was 18 years old at the time of the application has a Waiting List Claim.

Damages will run from the year/month of application to the year/month of homestead award, or present if no award is made.  Damages are computed based upon a formula adopted by the court based on fair market rental value of a residential, agricultural, or pastoral lot during the years you have waited.

Lost Applications/Wrongful Denial of Application – Waiting List Subclass members who submitted a claim to the Panel stating an earlier application date than the date shown on their DHHL application, because of a lost application or wrongful denial of application, or other reason will have their claim resolved by the Special Master or his/her designee.

Other Claims – Other types of claims – such as lease, loan, and construction disputes – will be resolved after the Waiting List Subclass and Lost Applications/Wrongful Denial of Application claims are decided.  


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