Ka Wai Ola - Office of Hawaiian Affairs, Volume 3, Number 12, 1 December 1986 — Maui Land Settlement Reached [ARTICLE+ILLUSTRATION]

Maui Land Settlement Reached

This case involving the State vs. Pioneer Mill (Civil No. 3673) was one of the first cases accepted by the Land Title Project when it opened its doors in 1981. Originally filed as a condemnation action by the State of Hawaii, the State sought to condemn land located in Kahana Valley, Maui, for construction of a portion of

the Honoapi'ilani Highway. Maui Land and Pineapple Company (MLAPCO) answered as a defendant in the action and then sought to quiet title in itself to approximately 1,500 acres in Kahana. The land involved in the suit was originalIy part of Royal Patent Grant 1166 whieh had been conveyed to 62 hui members. MLAPCO claimed to own the property as grantees of

some of the original hui members and by adverse possession. The Native Hawaiian Legal Corporation represented nine family groups, totaBng over 100 people, who have an interest in the property. Through negotiations with MLAPCO, a settlement was reached in whieh it was determined that NHLC's clients owned nine percent of

the land in dispute. Subsequently, there was a trial to determine the value of that nine percent interest and to establish the loeahon of the NHLC clients' share. In order to do that, MLAPCO and NHLC eaeh had expert witnesses who testified as to the value of the entire parcel. In January 1985, the trial court ruled on the valu-

ation of the property, basically accepting the testimony of MLAPCO's expert. NHLC appealed the trial court's decision. Before the appeal was completed, the NHLC clients and MLAPCO reached a settlement whieh has been approved by the court. In the settlement, the NHLC

clients will receive 50 acres of land immediately mauka of the Honoapi'ilani Highway in Kahana Valley and $100,000 in cash. With the land conservatively valued at $10,000 per acre, the entire settlement is worth $600,000 to NHLC's clients. NHLC is now working with the client group and a private attorney to set up a land trust to receive the property.

Included within the 50 acres is 7. 15 acres set aside for "class claimants." This case was the first in whieh NHLC asked the court to set aside property for the heirs of persons who had not appeared in court to answer the lawsuit. NHLC was able to have this property set aside because its search showed that MLAPCO did

not have clear title to that property and that unknown heirs of certain grantees would be the rightful owners to the property. NHLC now has a three-year period to locate and identify these heirs. Alan Murakami and Melody MacKenzie are the NHLC attomeys presently handling this case.

Clients of the Native Hawaiian Legal Corporation meet with Attorneys Boyce Brown and Melody MacKenzie in the conference room of the Office of Hawaiian Affairs to hear details of a proposed land trust. NHLC was responsible for the award of 50 acres of land at Kahana, Maui, to nine family groups.