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OLSON: Jon Olson here. I represented him back before the Planning Commission. He was not
<br />available. He was on the mainland when the issue came up. So, the fact that we're back here is
<br />partly my fault. I'm here to take that responsibility. Just to be clear, I didn't receive all of the
<br />paperwork I probably should have had and didn't have full knowledge of some of the things that
<br />had happened. I had not seen Chris Yuen's letter overruling the adjuster's issue and the issue of
<br />the agriculture, and the issue of agricultural compensation for the crops and plantings that he lost
<br />on the property, so.
<br />HENKEL: Okay. Any comments from the Commission. You know, I'm, I live in an area
<br />impacted by geothermal, and I'm sympathetic to people that live even closer than I do. And, I'm
<br />also sympathetic to the, you know, the fact that if you—say if you're a furniture builder, and you
<br />feel forced to relocate, you can—you can move your tools and your materials and your
<br />equipment and so forth and continue working, so, you know, I understand when you, when you
<br />plant trees that it's difficult. But, I think the underlying factor here is the time between the last
<br />Commission's judgment or and—and, there's nobody on that Commission here now that it's,
<br />you know, I just think it's too late for us to do anything.
<br />OLSON: Well, again, this is probably my fault because we only recently had a discussion. You
<br />know, I've known Jan for 30 odd years. And, somehow or another we got back on the topic, and
<br />I was hearing things from him that I was not aware of, and I said, well, you know, you—maybe
<br />we can get this looked at again because clearly, the original rules of engagement, I mean, he, he
<br />had the land for almost, what, 20 years, and he was planting it before he built the house on it. It
<br />is, for Puna, it's—it's extremely interesting topography because it's a 1,500 -year old cinder
<br />cone, and it's now soil. And, you can grow literally anything on it, and you can grow things like,
<br />like he grew coconut trees, and they were easily extractable because they were cinder soil. So,
<br />they were a prime commodity, and you can't, you can't just go anywhere and do it. There's
<br />about, what, ten acres in all of lower Puna that I know of that is like that in terms of its, its
<br />characteristics to grow things, his fruit trees.
<br />So, it just, it's fallen through the cracks, and the fact that the reason that Yuen did what he did
<br />was not apparent to me at the time. So, like I say, this is in part my fault.
<br />HENKEL: You know, there are different factors that play here and that the Planning Director,
<br />you know, recommended not approving it.
<br />OLSON: Yeah.
<br />HENKEL: The claims adjuster recommended one amount.
<br />OLSON: Yeah.
<br />HENKEL: And, the Commission at the time awarded another amount.
<br />OLSON: Right.
<br />EXHIBIT D
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