Ka Wai Ola - Office of Hawaiian Affairs, Volume 14, Number 9, 1 September 1997 — We're proud of our accomplishments but much remains to be done [ARTICLE+ILLUSTRATION]

We're proud of our accomplishments but much remains to be done

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'i • :> *L? ' . .VhlC staff wiū be writuig dbout Iegal issues information nhoui their work in this monthly

~ eolumn. Last month, staff attorney Melissa Seu provided a status report on ihe *|1' H1'* ^Hawman Home Lands Trust Individual CIaims Review process. VĒBaĒF This month, we describe our pastyear's accomplishments in order to give readers an idea of ihe breadth and scope of NHLC's legal

"" 1,1 work. NHLC was jouiuted m 1974 by the grassroots commumty and receives substantial funduig from the Office oj Hawauan Affaus. ^■w^NHUe is not able to assist every individual who applies for its services, but was able to provide title, genealogy and legal assistatice to 1,460 individuals this pastyear.

Bishop Trusi v. Wony Client received monetary settlement for her 1/3 acre interest in two parcels in Kahalu'u, O'ahu, Attorney Arnold Lum (January, 1996). Aekennan v. Smart. Fifteen members of family reeeived 9.47 acres in Waikoloa and Wai'ale'ale, Hamakua, island of Hawai'i, Altomey Nahoa Lucas (January, 1996). Maui Land & Pineapple v. Nahaku. Seven members of family received 20.6 acres at Honokowai, Maui, Attorney Arnold Lum (March, 1996). C. Brewer Homes. ine. v. Ka'aihue. Client received a 515,000 settlement for his interest in property at Wailuku, Maui, Attomey Aroold Lum (April, 1996). Citv & Countv of Honoiulu v. Various. Oienl received Sl million in condemnation proceeds for easement, Attorney Arnold Lum (May, 19%). Suuarman Kanao. Two family members received small monetary settlement, 53.000, for their interest in land at Ahihikina'u, Maui. Attorney Arnold Lum (June. 1996). Clark v. ipnaeio. Two family members received a 51 10,000 settlement for their interest in a parcel at Waimea Valley, Kaua'i, Attorney Arnold Lum (July, 1996). Okuna v. Apiki. Client received title to easement for vehicular access to his kuleana. Okuna v. Kaluna. Successfully defended client who had previously been awarded title but inadverlently harvested trees on neighboring property, Attorney Alan Murakami (November. 1996). Le Bard v Ap;n. Two clients reccived small monctary settlement, $3,000 eaeh for their l/26th interest in property, Attorney Arnold Lum (November, 1996). Lc Bus v. Ne. Brief service; client received $1,000 from sale of property for small interest. Napoleon v. State. Client received 25 acres with easement, Attoraey Arnold Lum (December, 1996). Keola Hana Maui v. Mahu. Client received one acre kuleana, Attorney Arnold Lum (December, 1996). Rov v. Leleiwi. Client received 510,000 for small interest in property, Attorney Arnold Lum (January, 1997). Wailuku Agribusiness v. Kaimina. Client received 54.000 for small interest in property, Attorney Arnold Lum (January, 1997). Andrade v. Perfect Title. NHLC had previously assisted clients in obtaining title to 12 acres of land, the validity of a share of whieh was subsequent!y challenged by Perfect Title. NHLC's clients sued Perfect Title and received a $5,000 damage award, in addition to monetary proceeds amounting to $19,000 for their proportionate share of the property, Attorney Aroold Lum (May, 1997).

In re: Johnson. Helped family save their family residence from tax forclosure by coordinating and assisting with a buyout by one member of the family, Attoraey Nahoa Lucas (May, 1997). Lambert v. Lua. Titie search and legal assistance resulted in family not being evicted from family lands. Attornev Nahoa Lucas (May, 1997). McCandless v. Kealohapauole. Clients recovered family property after trial. The first family (eight clients) received 29.6 acres and the second family (5 clients) received 42.3 acres, for a total of 71.9 acres in Kona, attorney Arnold Lum (June, 1997). Pele Defen.se Fund v. Patv. The Hawai'i Third Circuit Court ruled that Native Hawaiians (1) from outside a given ahupua'a have hunting and gathering rights on private. undeveloped land in that ahupua'a if they traditionally excercise those rights; and that (2) non-Hawaiians married to Hawaiians also enjoy those rights, Attorneys Alan Murakami, Nahoa Lucas, Carl Christensen (January, 19%). In Re: Soga. Assisted families with residential leases in Kahana Vai!ey, O'ahu Attorney Nahoa Lucas (January, 1996) In Re: Kaholokai. Successfully challenged Hawaii Planning Commission's refusal lo grant c!ient's request for a contested case hearing in order to assert his traditional and customary rights along the coast at Mahukona, Kona, Attorney Carl Christensen (March. 19%) In Re: Kaho'olawe Island. Completed a study on traditional fishing rights and fisheries management, Attorney Nahoa Lucas (April, 1996). In Re: Evans. Obtained favorable decision from the Land Use Commission on behalf of Lana'i residents who sought to enforce terms of agreement with Dole Company thal the eompany should "immediately cease and desist using water for the golf course that comes from the high-level aquifer that provides all of Lanai's drinking water. Attorney Alan Murakami (May, 1996). In Re: Napeahi. Federal District Magistrate ruled that 1.75 acres of shoreline along property of īhe former Hyatt Waikoloa Hotel was submerged, therefore making it part of the Ceded Lands Trust. The court left a finding on remedies for the Federal District Court judge. This decision will have a significant impact on the amount of lands included in the trust from whieh OHA receives its share of entitlements, Attoraey Alan Murakami (September, 1996). ln Re: Aragon. Family successfully challenged DHHL's decision to eaneel lease award because after waiting 47 years, awardee died halfway through construction of her home after finally receiving award. Half-Hawaiian daughter was

allowed to succeed to her mother's homestead in Princess Kahanu Estates, Attorney Nahoa Lucas (February, 1996). Bush v. Watson. Won landmark Hawai'i Supreme Court case on behalf of Molokai Hawaiian homestead farmers. The Supreme Court ruled that Agreements whieh allow nonHawaiian farmers to use Hawaiian Home Lands are illegal, Attorneys Alan Murakami, Nahoa Lucas and Carl Christenscn (May, 1996). The United States Supreme Court denied DHHL's appeal in July, 1996. Attoraeys Nahoa Lucas, Aian Mwakami, Carl Christensen. (n Re: Leopoldo. Favorable 1CRP decision, Hawaiian Home Lands Trust fndividual Review Claims Panel (ICRP) recommended a $74,000 damage award because it had placed applicant on "low priority" Waiting List. meaning she would probably never get award during her lifetime, Attorney Nahoa Lucas (July, 1996). In Re: Ai. Client who was wrongfu!ly denied opportunity to apply for homestead because she did not look Hawaiian will be placed on Panaewa Area and Hawai'i island-wide agricultural homestead lot waiting lists with application dates of September 2, 1960, Attorney Melissa Seu (September, 1996). In Re: Peters. Favorable ICRP decision. Client who was wrongfully denied opportunity to app!y for homestead because she was not married and did not look Hawaiian will be placed on Panaewa Area and Hawai'i island-wide agricultural homestead lot waiting lists with application dates of September 2, 1960, Attorney Melissa Seu (September, 1996). In Re: Williams, Favorable ICRP decision on behalf of client who was forced to surrender her homestead when she was going to be away from her homestead for a few days, Attorney Melissa Seu (September, 1996). In Re: Purdv. Proved blood quantum qualifications, cnabling client lo receive lease transfer and establishing eligibility to file ICRP eiaim for waiting list problem, Attorney Nahoa Lucas, Paralegal Wayne Akana (October. 1996). In Re: 01sen. Estabished blood quantum, enabling elienl to succeed to Hawaiian Homes lease and solidifying two sibUngs' eligibility to receive homestead awards (siblings are on waiting list), Attorney Nahoa Lucas, Paralega! Wayne Akana (October, 1996). In Re: Torrev. Favorable ICRP decision on behalf of client wrongfully passed over and denied lease in Waimea, recommendation of $199,097.34 damages award, Attorney Melissa Seu(October, 1996).

/» addition to the foregoing, NHLC represented 47 addUioiud individuals in the ICRP hearings process who received favorable damages recommendations in a total amoantof $2,882,687.74.