Ka Wai Ola - Office of Hawaiian Affairs, Volume 13, Number 3, 1 March 1996 — Land issues --Debra and Goliath [ARTICLE+ILLUSTRATION]

Land issues --Debra and Goliath

by Trustee Moanike'ala Akaka Trustee, Hawai'i We all moum the loss of Kahale Smith. This outcome was avoidable. Bureaucratic potholes on our road to sovereignty. Kahale's message: "MAKAALA (WAKE UP)! SERVE THE PEOPLE'S NEEDS!" Defective homes have been a trademark with DHHL throughout Hawai'i; The individual claims panel received

4,000 claims against DHHL. i OHA allocated (2/1/96) $350,000 for investigators and I attomeys to facilitate and resolve DHHL claims. WE MUST WORK TOWARDS PRE- ! VENTING SUCH TRAGEDIES BY LEARNING TO RESOLVE PROBLEMS IN A TRULY HAWAIIAN WAY. Meanwhile that same day, in Pu'uanahulu between Waimea and Kailua-Kona, the Ka'iliwai

'ohana was evicted from the home Debbie Kailiwai's grandfather lived in for over 50 years. Surrounded by family graves, six generations of her Ha'o-Kailiwai Family were cowboys at Pu'uwa'awa'a ranch. Developer F.N. Bohnett, alleged owner of Pu'uwa'awa'a (now Pu'ulani Ranch) is developing "Gentlernan Farmer" million dollar homes on one acre lots. He evicted the Kailiwai 'ohana of seven (Four keiki. husband, and 100 percent Hawaiian father), in order to settle a separate case he has with the 'ohana over the division of a 28-acre parcel. At the last minute, Bohnett offered an extension on the eviction - provided they sign over their interest in the separate 28acres, becoming Bohnett's vassals on another plot! (NO WAY!) The Kailiwai undisputedly rejected the indignity. Today we find them and their possessions, piled in the middle of the vacant 28-acre tract with a rented portable toilet, living under tents and tarps, in an area cold, windy and wet with children and father asthmatie. Bohnett built an illegal air-strip and several years ago zapped a koa forest on leased DLNR (ceded) lands destroying habitat of the endangered 'Alala (Hawaiian crow)! His attitude: "WHERE I COME FROM, WE SHOOT CROWS"! He does not want this Hawaiian family on THEIR own land, the 28-acre parcel whieh Bohnett subdivided for more mansions. Without Kailiwai permission, he even graded. paved and covered 'ohana graves with 4 feet of din. To save "grandpa's house," Debbie and Mike Matsukawa, Kailiwai attomey, researched the parcel for several years, discovering a land dis-

pute and a clouded title on Grandpa's house and parcel, including three other parcels totaling 66 acres claimed by Bohnett. 1880s - Kingdom of Hawaii lands set aside speciftcally for Hawaiians to work and live on. 1893 - Overthrow of Queen Lili'uokalani. 1895 - Homestead Act of 1895 (999 Yr. Lease): Authorizing "The right to purchase lease", thus opening-up Puuanahulu puhlie lands to homesteading. (Not to be confused with the

Department of Hawaiian Homes Act, 1920). 1910 - Congress amended the Organic Act to plaee restrictions on transfer of these lands to large land owners without consent of the Govemor. Transfers were disqualified to corporatidns or persons already owning 80 acres of 'āina, to prevent land grabs. Some of these unrestricted homestead lands became consumed by powerful landowners

like Robert Hind (Haina), Puuanahulu and Pu'uwa'awa'a ranch, Eben Low (Hind's brother-in-law) and Sanford P. Dole, lst Govemor of the Provisional Govemment. In 1937, the Aipia Parcel (Grandpa's House) was finally transferred to the Hind Limited Corporation. Robert Hind was territorial senator, controlling many acres at Puuanahulu and Pu'uwa'awa'a, (1/3 the size of O'ahu). Matsukawa contends that four parcels whieh Bohnett purchased from the corporation were subject to the 1910 prohibition by Congress. Since illegally transferred lands revert to the govemment, the four parcels revert back to puhlie lands (ceded lands trust). Third Circuit Judge lbarra ordered the DLNR and OHA to become participants in this land dispute. OHA's devoted attomey Sherry Broder is looking into this issue to see if these lands should revert back to the ceded Iands tmst. This dispute leads to the long avoided issue: ILLEGAL TRANSFERS AND THOUSANDS OF UNACCOUNTED FOR ACRES OF CEDED LANDS. 1 hope this office has the courage to investigate the past for the sake of the future! Evicted, houseless, but not landless in windy Puuanahulu. the Kailiwai 'ōhana stands in righteous defiance of Goliath: IT'S A DEBRA VS. GOLIATH DRAMA! "This Land is Ours" is a 20-minute videotape of the Kailiwai stmggle showing on "Olelo and your loeal public access station. Mālama pono, ua mau ke 'ea o ka 'āina i ka pono.