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• <br />JIM: Well, it's simple. The Constitution clearly separates the restrictions <br />of lands. No buts, no if, unless your attorney can say they're all one. <br />YUEN: Let me just say something a little bit more, and I don't want to get <br />into a lengthy kind of summary of the whole history of the counties, and why the <br />boundaries are set forth the way they are, or the Hawaiian Home lands and how <br />jurisdiction works on the Hawaiian Home lands, but from what you're saying here, <br />I think I want to emphasize one sentence in my letter, and perhaps I should have <br />written more than one sentence on the subject in my letter. The sentence in my letter <br />says something like how the county's jurisdiction is exercised over different types of <br />land within the county may differ depending on the status of the land. The way the <br />County exercises it's jurisdiction over the Hawaiian Home lands is different than it is <br />over, to give an example, other state-owned property, over private property and it's <br />different than it is over Federal property. And I'll return to that thought in just a second. <br />Let me say, though, that there really is no doubt, from a legal point of view, that the <br />County of Hawaii does encompass the whole island, and according to State law, must <br />encompass the whole island, including the Hawaiian Homes lands. As a strictly <br />practical matter, let me explain what the significance of that is. When somebody living <br />on Hawaiian Homes land, in the middle of the night, hears somebody breaking into <br />their house, and they pick up the phone and call 911, and connect to the Hawaii Police <br />Department, the Police Department is expected, and has the duty of responding to that <br />call, and going down there, and if they catch somebody burglarizing that house,, they <br />have the jurisdiction to make an arrest. They have that jurisdiction because the <br />Hawaiian Homes lands are part of the County. If they were not part of the County, the <br />Police Department does not have jurisdiction over it. To give another practical <br />example, if we decided to exclude the Hawaiian Homes lands from the County, I do <br />not see how people living on Hawaiian Homes lands would get to vote for County <br />offices like the Mayor. People who live on the Island of Maui do not get to vote for our <br />Mayor simply because they are not within the County. This is the practical significance <br />of the Hawaiian Homes lands being within the County. <br />Now, let me return to that thought of how the jurisdiction is exercised over different <br />parts of land is different. How the jurisdiction of the criminal law works in Hawaiian <br />Homes land and how the jurisdiction of the Police and the Fire Department works in <br />Hawaiian Homes land is exactly the same as other kinds of properties in Hawaii. The <br />crimes are the same. The police make arrests the same. The County Highway <br />Department maintains the roads, supposed to, anyway, maintain the roads, right? No? <br />JIM: Okay, I won't answer that for you. <br />YUEN: So, that when we talk about a police jurisdiction, fire jurisdiction, it <br />really is just about the same. When we get to toning, it's a tough area, and I said I'm <br />not going to give an essay on zoning for a couple of reasons. One is that it is a tough <br />area. What is the County's zoning authority in Hawaiian Homes land? I'm not up on <br />11 <br />