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COUNTY OF HAWAII. ' STATE OF HAWAII <br /> RESOLUTION NO. 65 98 <br /> RELATING TO HAWAIIAN HOME LANDS <br /> WHEREAS, the Hawaiian Homes Commission Act (the "ACT ") was <br /> passed by the Congress of the United States in 1920; and <br /> WHEREAS, some 103,490 acres of land in Hawaii County has <br /> been designated as "available" Hawaiian home lands and are <br /> included in the inventory of lands of the Hawaiian Homes <br /> Commission; and <br /> WHEREAS, the intent of the Hawaii State Constitution, <br /> Article XII, Section 2, "The State and its people do further <br /> agree and declare that the spirit of the Hawaiian Homes <br /> Commission Act looking to the continuance of the Hawaiian homes <br /> projects for the further rehabilitation of the Hawaiian race <br /> shall be faithfully carried out. "; and <br /> WHEREAS, Congress was silent, in passing the Act, over the <br /> applicability of such County regulations as zoning, building, <br /> grading and other such ordinances; and <br /> WHEREAS, these types of County regulations were not <br /> prevalent in the United States nor in Hawaii in 1920 and the <br /> question of their applicability on lands in the control of <br /> Hawaiian Home Lands was probably not considered by Congress; and <br /> WHEREAS, a series of opinions by the Attorney General of <br /> the State of Hawaii have asserted that jurisdictional control <br /> of zoning, building, grading and other such ordinances does not <br /> rest with the County governments; and <br /> WHEREAS, the County's authority to impose zoning <br /> restrictions is indistinguishable from its authority to impose <br /> other types of code regulations; and <br /> WHEREAS, some lessees of the Hawaiian Homes Lands Trust <br /> have been unable to receive the necessary permits for the <br /> building of their homes and other improvements; and <br /> WHEREAS, the Department of Hawaiian Home Lands and the <br /> State of Hawaii have not resolved these questions and the <br /> beneficiaries of the Hawaiian Home Lands Trust continue to <br /> suffer; and <br /> WHEREAS, legitimate interests, such as the right of the <br /> Hawaiian Homes Commission to carry out its fiduciary <br /> responsibilities; and the right of the citizens of the County <br /> to legislate for their health, safety and welfare require that <br /> a clear and consistent policy be placed into effect; and <br />