Comm No 0035.13 - Testimony - CA-18 - PONC Maintenance fund

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From: billgail@retiredinparadise.net Sent: Thursday, March 7, 2019 1:21 PM To: Charter Commission Subject: Support CA -18, Oppose CA -17 Aloha Charter Members, I have gathered petition signatures, waved signs supporting the Land Fund during elections, forwarded Debbie Hecht's information to my extensive email list, and testified. I have voted 3 times for the 2% Land Fund. I'm tired of the county trying to wiggle it's way out of it. You need to abide by the Hawaii Constitution: The Hawai9i Supreme Court provided some guidance for those engaged in the balancing process at the County level. The Court articulated a public trust framework for natural resource decisions both at the State and County level. The Court clarified the constitutionally mandated "Public Trust Doctrine" imposes upon the Counties the stewardship responsibility to "future generations" to conserve and protect Hawaiyi's natural beauty and all natural resources. On this point, the Hawai9i Constitution Section XI subsection 1 provides: "For the benefit of present and future generations, the State and its political subdivisions shall conserve and protect Hawai9i's natural beauty and all natural resources, including land, water, air, minerals and energy sources, and shall promote the development and utilization of these resources in a manner consistent with their conservation and in furtherance of the self-sufficiency of the State. All public natural resources are held in trust by the State for the benefit of all people." It is on the basis of this constitutional "Public Trust" provision that decisions involving land and water must be guided by the "Precautionary Principle" when we weigh our private wants against the ability of the environment to accommodate those wants. The precautionary principle requires long-term vision and mandates that government entities favor caution and conservation in any case in which information is uncertain. The burden of proving that the resource is adequate and that its proposed use is consistent with the sustainable health of the ecosystem falls on the party proposing to use the resource. We must also be mindful that if a privately owned resource is of significant value and is worthy of preservation for the benefit of the community at large, that it may well be appropriate for the community to compensate the property owner for the loss in value resulting from significant limitations imposed upon their use of the property. I stand with Debbie Hecht and the Sierra Club. Support CA -18, Oppose CA -17. Why are you not having a public meeting in Waimea? Sincerely, Gail Jackson Waikoloa, HI 96738 1 Comm. No. 35.13