Keaaloha alludes to Nash Equilibrium in referring to "zero sum". Outside of the land issue, this is a reason why economic Game Theory is off kilter. Hawaii as a state is unique when it comes to federal law and all the lands and waters of the Hawaiian Islands. Its the only state where federal Indian policy is recognized by Congress as where all the land (and water) is considered having Indian title. In all other states, only some lands are trust lands. The closet parallel is the Navajo lands. So it probably is the reality that even if not reserved per se, the Mauna lands are also trust lands of the Hawaiian Community, which incorporates the native Hawaiians for whom reserved lands were set aside as protected by direct federal jurisdiction from taking by none other than the federal government. The state administers this trust but is biased against both federal policy and the Hawaiian community. There cannot be a fair trial and thus due process where the process is biased fundamentally.