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that Queen Lili‘uokalani did pass the homestead act eight days before the overthrow so that
<br />whatever’s on the book at the time of the overthrow is what theHawaiians are entitled to. So
<br />that all the crown government lands were supposed to be opened up when the sugarcane leases
<br />were pau then so, umthat never happened because the overthrow happened and then um, they
<br />amended her homestead act in 1895 and no longer could any Hawaiian, it says it in the revised
<br />book, no longer can any Hawaiian, um, homestead on these properties, only certain corporations.
<br />So um, basically that, um, any parcels, um, this is probably the last thing um, I don’t know how
<br />much time I have left to talk but um, that anytime that PONC is dealing with Poupouwela,
<br />different um, Kalaaiki, any areas that are government ahupua’a, that there is a stipulation by the
<br />legislation that there has to be a 2/3 legislative vote and that happened because um, partially
<br />because of Honu‘apo and the native naukana and that the royal families of Kamehameha, they all
<br />intervened into the Supreme Court on crown and government lands and so um, there is verifiable
<br />beneficiaries and heirs of the issue. So um, the situation is that PONC in the purchase of these
<br />properties hasnot complied with this statute, I have a copy here and then also the last thing that I
<br />wanted to say is that um, I also under Emily Naeole, had meetings, had to arrange meetings with
<br />the native Hawaiians, different, like the chiefs, government of Hawai‘i, Kalahui, different people
<br />didn’t come, weren’t able to come but basically to look at you might say the tolerance and a
<br />working relationship with Hawaiian nationals within the State of Hawai‘i. So, um, that was
<br />actually, um, you might say decreed by Abercrombie and so, um, what I’m looking for is a better
<br />working relationship with native tenants and native Hawaiians in PONC areas and um, if you
<br />need my assistance, um, I have different documents and whatnot that you can see but, you know
<br />so far as being compliant but also preserving our open spaces is very important and thank you
<br />very much everybody, aloha.And did you have any questions or anything?
<br />Vice-Chair Tomich –Questions? Marilyn.
<br />Commissioner Nicholson –You mentionedlike mid-way through your presentation which was
<br />very interesting, non-purchase agreement. What is a non-purchase agreement?
<br />Ms. Mahi –Okay, um, basically, um say like you, um have an area that has a Land Commission
<br />Aw
<br />move away because there was droughts, earthquakes, a lot of, you know, buildings got shaken to
<br />the ground. But basically a non-purchase agreement would be to go inwith the family, um have
<br />meetings with as many of the heirs, not just one family but you got undivided interests and say
<br />look we’d like to, um, preserve this property, um, in perpetuity if we can with a working
<br />relationship and so, um, you would make a MOA or a MOU because it is a federal undertaking,
<br />if you have federal money coming in, which when you’re dealing with U.S. Fish and Wildlife,
<br />things like that. And, um, so there’s the compliance there but it’s, um, in the course of, say if the
<br />County had purchased Kawa which I can show in deposition, counterfeit warranty deeds, all kind
<br />of problems with the title, um, basically under brokerinsurance, errors and omissions, they made
<br />an error in the transfer of the title, omitting that there were living heirsand omitting HRS 172-11
<br />and court ordered native tenant rights.So basically I believe that the County could get back their
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