Ka Wai Ola - Office of Hawaiian Affairs, Volume 20, Number 10, 1 October 2003 — Waikōloa ceded land permit approved [ARTICLE+ILLUSTRATION]

Waikōloa ceded land permit approved

By Sterling Kini Wong On Sept. 12, the state Board of Land and Natural Resources (BLNR) unanimously approved a temporary permit that requires a land company to pay the state $6,000 a month for its use of ceded lands that are part of the Hilton Waikōloa resort premises. The revocable permit was issued to Global Resort Partners, a Hilton partnership, for its use of 1.3 acres of dry land, whieh contain one of the Hawai'i island resort's seven restaurants. The dispute dates back to 1986, when the Native Hawaiian Legal Corp. (NHLC) filed suit on behalf of Mervin "Kanak" Nāpe'ahi, claiming that the resort was developed on ceded lands. In 1997, U.S. Judge David Ezra verified that the lands were ceded, and directed the state to seek compensation. Following the Land Board's permit ruling, Alan Murakami, litigation director of NHLC, said he was disappointed that the board did not establish rent according to the land's full market value. In April,

Lanpar/HTL Associates, the company from whom the Hilton Waikoloa leases most of its resort's 62 acres, rejected an independent appraiser's $2.5 million valuation of the land and the appraiser's estimated rent of $16,000 a month. According to loeal news reports, the attorney representing Ticor Title Insurance, speaking for Lanpar, told the Land Board that the company is eapahle of paying the full $16,000 a month in rent, but is unwilling to do so. The permit represents a temporary solution while a three-person appraisal process is being completed. See WAIKŌLOA on page 1 7

ln June, Hawaiians and environmentalists formed a human "lei" around the 1.8 acres of ceded lands occupied by the Hilton Waikōloa, calling for the resort to pay market-value rent for the use of the public trust lands. Photo: Jerry Rothstein

WAIKŌLOA from page 4 The process will take up to five months. The appraisal will be used to negotiate a lease or land exchange for the 1.8 acres of ceded lands, whieh also includes nearly half an acre of the resort's fouracre swimming lagoon. Rent has yet to be decided for the use of the submerged lands. ■