Wednesday, October 29, 2008

An amazingly detailed history of the ahupua‘a ‘o Kahana/Kahana State Park

...beginning with its pre-Mahele status is found in this 2001 Legislative Reference Bureau report, "Kahana: What Was, What Is, What Can Be" (see especially Chapter 2).

It is currently the center of controversy as some residents without leases wish to remain while the state moves to evict them. There was a press conference at the capitol today where "Senate President Colleen Hanabusa said specifically what lawmakers want to do is extend a law that gave authority to the Department of Land and Natural Resources to award leases in the valley."

I wonder if such legislation might violate Art. XI, sect 5 of the state constitution requiring that "legislative power over the lands owned by or under the control of the State and its political subdivisions shall be exercised only by general laws"?

Update: The Star Bulletin says tonight that the ...
families and their state Senate supporters are prepared to sue to stop the state from evicting the families from Windward Oahu’s Kahana Valley.

Sen. Clayton Hee(D, Kahuku-Kaneohe) said today that lawyers may seek injunctive relief and a temporary restraining order.

6 comments:

Anonymous said...

You've obviously been giving some attention to Art. XI, sect 5 of the state constitution. But not primarily, I suspect, because of its relevance to Kahana Valley. Any thoughts on how it applies to the latest Superferry appeal?

ccc

charley foster said...

Excellent point. I thank you for raising it and it deserves it's own post. See above.

Anonymous said...

sad state of affairs; years of neglect and mismanagement. no wonder folks have a hard time trusting our government to get things done. we have'nt progressed much have we?

Anonymous said...

It looks like the state bought the land to preserve the last ahupuaa and wrote everyone 60 year leases and said no body else can have a lease. Then, the families of some of the original leases stayed on illegally. Now the state is trying to evict the illegal squatters. Maybe the state should have just let the place get developed. No good deed goes unpunished.

Anonymous said...

So reading the history, the six house lots were condemned via eminent domain and the lot owers were (supposedly) paid a fair market price for them. So, who then are the people now living there? True squatters who found the houses, moved in and have been enjoying a rent-free and totally blissful existence ever since? Or are these the descendents of the original owners who got paid off and still stayed there. Isn't that nice? Shoots! Maybe I can sell my house to the State and still live in it and leave it to my descendents as well. What a deal! I love how this state is so free with our tax dollars. It's like the State employees put no value on the taxes we pay because they can always get more when they need it. I wish I could run my business that way. Ya, gotta love those Democrats! It's not even tax and spend. It's tax and dump.

Anonymous said...

Its truly amazing how uninformed some can be.... The State did not buy the Ahupua'a o Kahana to preserve it, they brought it for the water!!! The Water that quenches the thirst of Wahiawa to Waikiki. Lets be real now "Squatters"? Free? How would one know what paperwork and negotiations has gone on between the State and us for the last 12 years. That's why hard.....People can comment and say what ever they want to, but until you have walked in our shoes and know for certain whats really up! There is nothing free in today's society..you PAY one way or another.