2008-08-11 Public Access, Open Space and Natural Resources Preservation Commission Minutes

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Ms. Stevens stated when the County Council was making the resolutions on Kawa`a, Punalu`u and Honu`apo, they did a title search to look who owned the land. There were many conflicting stories and clouded titles. Ms. Stevens stated Helu grants 99' ) and 1530 included the aquiline fishing ponds. Ms. Stevens stated she had the file of who owned Helu grants 99' ) and 1530; it was under Timeteo Keawe ... there are still descendants alive today. Ms. Stevens stated she has been working with them and the discussion came up about the open space resolutions. Through the MOA process, it kept the native tenants rights intact for the Hawaiian subsistence base. At the same time, in speaking with the direct heirs of Helu grants 99' ) and 1530, they were willing to make a MOA with the County. Ms. Stevens stated if the County purchased properties that were kuleana lands, that title superseded any title and was good for 999 years. There was such a thing as the undivided interest for the unborn heir. Ms. Stevens stated inside these parcels, they have been absorbed into the larger TMK's. HRS 562 -105.5 concerns the escheatment of kuleana lands by the State. Basically, they can go into the court and ask for adverse possession or quiet title of kuleana lands. They only go back 30 years on the title search. HRS 562 -105.5 states if there are no heirs, then the land prior to this being made, should go to the konohiki. Ms. Stevens stated in the courts what was supposed to happen was that these kuleana lands, without heirs are supposed to be put in trust. With regards to Punalu`u, 1lonu`apo and Kawa`a, those kuleana lands, if they were adverse possessed or quiet titled, they were done illegally, because the letter of the law was not followed. Ms. Stevens stated the descendants of these people are concerned about the development. They were willing to make a MOA on this open space policy because they don't want to see it being developed, they don't want to be made homeless on their own lands. Please take this to heart and do what is right. Ms. Stevens stated to have open space but treat the Hawaiians properly. Ms. Stevens also mentioned what C. Brewer has stated in all of their documents, "all purchases and transactions are subject to number 3 the rights of the native tenants as preserved in the royal patent grants 822 and 2907 and that claims arising out of customary and traditional rights and practices including without limitations those exercised for subsistence, cultural, religious access or gathering purposes, as provided for by the Hawaii Constitution, Hawaii Revised Statutes." Ms. Stevens further stated at Kawa`a, they have asked not to spray herbicides and pesticides along side of the roads due to the under water streams. Ms. Stevens stated she's done environmental impact statements for native plants in a volunteer capacity. Through the resolutions for open space, it turned out the Hawaiians are entitled to having their own historic preservation officer program and this had been discussed at every meeting at Punalu`u, Kawa`a and Honu`apo.