If You Filed a Claim With the Hawaiian Home Lands Trust Individual Claims Review Panel On Or Before August 31, 1995, You May Be Entitled to Receive a Settlement Payment as a Class Member.

February 29, 2024 Update:

The next Talk Story on Tuesday, March 5, 2024, at 5:00 p.m. HST will cover Probate related topics.

Important Reminder regarding the upcoming stale date of Payments Sent to Living Class Members on November 21, 2023.

The stale date of the initial checks sent to Living Class Members in November 2023 is approaching on March 20, 2024. If you are in receipt of the payment sent at this time, we encourage you to deposit the check before this date. Any checks not cashed will become null and void – you will not be able to deposit after this date. Checks issued after November 21, 2023 will have later stale dates 120 days after the date on the check.

Important Reminder on the Federal and State Income Tax Consequences of Receipt of the Settlement Payment

The federal and state income tax consequences of the receipt of a Settlement Payment from the Trust are complicated. Answers as to tax treatment of payments depend on each Class Member’s circumstances and actions taken while he or she waited for a lease award, whether dealing with residential or agricultural leasehold property and/or whether incurring construction costs. The issues are unique to every individual and no single response can be provided.

For that reason, as encouraged by the Kalima Short Tax Letter posted on this site, each person (or estate) who receives payment from the Trust is strongly urged to talk to his or her own tax professional to determine his or her specific tax situation. A more detailed Tax Letter explaining the basis of the short letter can be found here. Please provide both tax letters to your tax professional.

Additional Frequently Asked Questions related to tax considerations of these payments can be found here.


January 31, 2024, Update:

The next Talk Story will be held on March 5, 2024, at 5:00 p.m. HST.


January 12, 2024, Update:

Talk Story Topics

The next Talk Story on Tuesday, January 23, 2024, at 5:00 p.m. will cover Probate Plan issues.


December 29, 2023, Update:

Talk Story Topics

The next Talk Story on Tuesday, January 9, 2024 at 5 p.m. will include presentations by the Sovereign Council of Hawaiian Homestead Associations (SCHHA) and the Council for Native Hawaiian Advancement (CNHA).

Rolina Faagai, Executive Director of SCHHA's Hawaiian Lending & Investments (HLI), will provide information on HLI programs, financial literacy, and provide a short list of considerations for settlement funds, such as opening a savings account to strengthen mortgage applications to build or buy a homestead home.

Leona Hosea, CNHA's HUD Certified Housing Counselor, will discuss the importance of financial management and budgeting and how financial literacy can help to support your goals, including managing debt and saving for your future.


December 28, 2023, Update:

Federal and State Income Tax Consequences of Receipt of Settlement Payment

The federal and state income tax consequences of the receipt of a Settlement Payment from the Trust are complicated, with the answers whether and how to report payments depending on each Class Member’s circumstances and actions taken while he or she waited for a lease award, whether dealing with residential or agricultural leasehold property and/or whether incurring construction costs.

For that reason, as encouraged by the Kalima Short Tax Letter posted on this site, each person (or estate) who receives payment from the Trust is strongly urged to talk to his or her own tax professional to figure out what to do.


December 8, 2023, Update:

Settlement Payments to Living Class Members

Payments for Living Class Members were mailed on November 21, 2023. While payments were sent USPS Priority Mail, it will take approximately 7 to 10 business days, not including weekends or holidays, for delivery.

Checks for amounts $25,000 or more will require the signature of someone 18 years old or older. If you receive your mail at a P.O. Box, please contact your P.O. Box manager to determine if special arrangements are necessary to provide the signature.

A small number of checks have been returned as undeliverable. If you are a Class Member and have not received your check, please contact the Claims Administrator through info@Kalima-Lawsuit.com or call 1-808-650-5551 or 1-833-639-1308 (Toll-Free).

Settlement Payments for Deceased Class Members

Payments to estates of Deceased Class Members will be made after they are reviewed and approved in the Probate Plan process. A timeframe for payments to estates of Deceased Class Members is not currently available. A probate notice with more information was mailed on December 4, 2023, to Deceased Class Members’ estates and family representatives. That notice contains additional information about the Probate Plan process. A copy of the Probate Notice can be found here.

Relatives and Heirs – Deceased Class Members Information Forms

It is essential to have complete information regarding possible heirs and devisees of Deceased Class Members. Payments to heirs cannot be made without this information. If you are an heir and have not already done so, please complete and submit a Deceased Class Member Information Request Form and a Detailed Family Information Form as soon as possible.


November 22, 2023, Update:

Payments for Living Class Members were mailed on November 21, 2023. While payments were sent USPS Priority Mail, it will take approximately 7 to 10 business days, not including weekends or holidays, for delivery.


August 4, 2023, Update:

Final Approval Order Signed

On Tuesday, August 1, 2023, First Circuit Judge Lisa W. Cataldo signed the Order Granting Final Approval and for Attorneys Fee and Judgment for the Kalima v. State of Hawai‘i Settlement. The appeal deadline for the Order and Judgment was August 31, 2023. Please click here to read the document.


Who Is Part Of This Lawsuit

The Class Members for this Settlement are “All persons who filed claims with the Hawaiian Home Lands Trust Individual Claims Review Panel on or before August 31, 1995.”

The Following Persons Will Not Receive a Settlement Payment

  1. Individuals who did not file a claim with the Panel on or before August 31, 1995.
  2. Individuals who filed a timely claim with the Panel but the claim did not assert an individual breach of trust which occurred between August 21, 1959, and June 30, 1988.
  3. Individuals who filed a timely claim with the Panel but the claim asserted an individual breach of trust that occurred after June 30, 1988.
  4. Individuals who filed a timely claim with the Panel but the claim was not a valid HRS Chapter 674 claim.
  5. Individuals who filed a timely claim with the Panel but settled their claim.
  6. Individuals who opted out of the Lawsuit in response to the 2007 class notice.
  7. Individuals who opted out of the Lawsuit in response to the 2012 class notice.
  8. Individuals who opt out of the Settlement Class and this Settlement by sending a valid and timely Opt-Out Letter to the Claims Administrator.

If you have another legal claim involving Hawaiian Home Lands issues, please call the Native Hawaiian Legal Corporation at 1-808-521-2302 or the Hawai'i Association for Justice at 1-808-262-9191.


Your Legal Rights and Options in This Settlement
Right to Compensation for Class Members If you are a Class Member, you do not have to take any action at this time to receive a settlement payment. The validity of your claim will be determined at a later date. However, please confirm and update your mailing address, telephone number, and email address by filling out the Information Request Form here. For more information, please click here.
Right to Compensation for Deceased Class Members If you are a relative of a deceased Class Member, please designate someone to represent your family. Please provide your name, mailing address, telephone number, and email address by filling out the Information Request Form here. For more information, please click here.
If You Wish to Exclude Yourself from Participating in the Settlement

You may exclude yourself from participating in this Settlement. If you do so, you will not receive a payment from the Settlement Fund. The deadline to request exclusion from the Settlement is April 3, 2023.

Object

You may file an objection if you wish to object to the Settlement. The deadline to object to the Settlement is July 14, 2023.

For more information on how to object to the Settlement, click here

Attend a Zoom Talk Story Talk Stories with Attorneys will be held via Zoom. Click here for times and more information.

NOTICE: The attorneys and other people working on this case will never ask you for your banking or other financial information. You may be asked to verify your identity.

Please do not call the Judge, the Clerk of the Court, or the State of Hawai'i about this case. They will not be able to give you advice about this case. If you have questions, please call 1-808-650-5551 or 1-833-639-1308 (Toll-Free).