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Hawaiians. It€s every citizen here. And it is your obligation, under your oath of office, to <br />support and defend the Constitution, not only of the United States but of the State of Hawai i. <br />And this Trail, trails are being destroyed almost on a weekly basis all the time. People say they <br />don€t exist. And the more people that say they don€t exist and the more people that don€t come <br />forward to refute this, those of us who know this, just gives the ammunition for further <br />destruction of this Trail. I€ve walked this Trail a number of times. I€ve walked huge sections of <br />this Trail. I know it. And some of the representations made today are not true. And the fact that <br />you can€t see the Trail doesn€t mean that the Trail doesn€t exist. And I€m sure that Mr. Torigoe <br />would confirm to you that there is no adverse possession against the sovereign, in this case the <br />State of Hawai i who is the trustee, since these are held in the ceded land trust for all people from <br />now and into the future. <br />I would strongly urge you to defer this item until you€ve had, all the Commissioners have had a <br />chance to review this CIS, those of us who participated in it can have a copy to review it, to <br />makesurethatwhatwesaidisproperlyrepresented,andthenIthinkappropriatekindsof <br />language can be worked out. Certainly the State has to be at the table. This, as Mr. Iwashita, <br />Commissioner Iwashita pointed out and others, this property is held in trust under the ownership <br />of the State of Hawai i as the trustee; and I don€t see them here at the table, perhaps you have <br />some correspondence from them. But you€re discussing issues about property over which you <br />have no jurisdiction; and I don€t know how you can do that. Mr. Yuen has indicated to you that <br />it would be subject to State approval, etc., etc. But certainly I think you ought to have them at <br />the table. <br />And I think the public ought to know that there€s a possible realignment, or change, or <br />prohibition against the use of what is a public trail, which I believe, certainly, wouldn€t stand up <br />in court. <br />Anyhow, I€m here to answer any questions and to ask respectfully that you postpone this matter <br />until, No. 1, all the Commissioners have a chance to review this; No. 2, so those of us who were <br />interviewed have a chance to review the documentation so that we can make sure we€re properly <br />represented. And then we can have a pro-active discussion about how to move this forward in a <br />positive way. Thank you. <br />ALAMEDA:Thank you. Any questions of Mr. Tyler, Fellow Commissioners? <br />Commissioner Graham? <br />GRAHAM:Mr. Tyler, as you€re probably aware, I feel largely in the direction you€re <br />feeling. However, also, you know, the Applicant has been forthcoming here today. And I think <br />from a devil€s advocate point of view, one could say if there€s only a small segment of the Trail <br />that goes over the Applicant€s property and the Applicant is really willing to do what he needs to <br />or what he could do on that portion of property in furtherance of our Judd Trail concerns, is it <br />unfair to him in some way that we sort of hold up what he€s trying to accomplish so that we can <br />deal with the State and deal with the larger issue of the Judd Trail? So I€d just like your <br />comments on that. <br />TYLER:Mr. Chairman, may I respond? <br />ALAMEDA:Sure, go ahead. <br />15EXHIBIT C <br /> <br />