HomeMy WebLinkAboutCommunication No. 2019-10- NKCDP RR Trail PlansComm. No. 2019-10
NORTH KO HALA RAI L-TRAI L& TRAIL
CONNECTIVITY PLAN
Document Purpose & Use
This document looks at the potential of having the very first railroad of Hawaii converted into a trail for
public use and enjoyment. While being the very first railroad may warrant people to preserve it and tell
the story, this is just one piece to a rich and vibrant past that has formed the communities of North
Kohala into what it is today. This document provides a snapshot into this past, and the potential to
continue the stories of place that can keep the memories and lessons alive for future generations.
This report can be used in various ways. There is information to provide a deeper understanding of the
history of the railroad itself. This is essential to the preservation of the corridor. The laws and policies
from the Kingdom of Hawaii, the Territory, and the State present complexities that define public right-
of-way (ROW), public roads and infrastructure. Part of the purpose of this report is to understand the
legal framework of the Railroad ROW, and to determine if further work by the State Department of Land
and Natural Resources, Division of Forestry and Wildlife, Na Ala Hele Division is warranted to establish a
formal public trail.
The report provides historical background to better understand the importance of the past, as well as
the future. This document attempts to show major changes in land tenure and economic uses,
population dynamics and changes, and how it relates to the concepts of public access and rights to
traverse lands. It should be used to help identify and guide a process by which the community can come
to agreement to how they want to preserve the past, perpetuate lessons and stories, and be able to
traverse the landscape unimpeded. While the main purpose is to explore the old Railroad ROW and
connecting mauka-makai access trails for a public use, the report will touch on the essential pieces of
the past that define North Kohala, and why it is so important to be able to continue to have access to
the lands, tell the stories and lessons of the past, while also building upon them with our future
generations.
The North Kohala Hawaiian Railroad officially started in Mahukona Harbor (now Beach Park) and follows
the coastline up and around to Niulii (See Map 1). This was the very first railroad for the Hawaiian
Kingdom and once operated as a passenger, freight, sugar cane, and mail carrier for the Hawaiian
Kingdom and later, exclusively for the sugar plantations. While popular opinion remembers the railroad
Iviap 1 Historic North Kohala Hawaiian Hailroad
SC^LE IN MILES
o i 3
as one exclusive to the shipping of
sugar cane, the original alignment
did not go to the sugar mills, and
included the transport of
passengers, mail, and government
workers. This report will examine
the intent of the railroad act, and
how the development of the
railroad spurred change for North
Kohala. The report will also examine
whether or not the railroad
alignment falls under public
jurisdiction as a trail, and provides
recommendations for further
actions.
To best understand the public trails
system in the Hawaiian Islands and
how trails are selected and opened
to the public, it is essential to
understand pertinent laws that
protect public access, trails, and
roads. The Highways Act of 1892,
approved by Queen Liliuokalani,
forms the basis of our public
infrastructure. The Highways Act of
1892 determined that the
ownership of all public highways
and the land, real estate and
property of the same, shall be in the
From North Kohala Community Development Plan, 2008 Hawaiian Government in fee
simple'. The definition of a public
highway includes all existing trails at the time "or hereafter opened, laid out or built by the Government,
or by private parties, and dedicated or abandoned to the public as a highway, are hereby declared to be
' Referenced from: https://dinr.hawaii.gov/recreation/files/2013/09/Highways-Act-Summarv.pdf, Ancient,
Historic, and Old Government Trails and Roads in Hawaii. A Summary of Pertinent Law and the Act itself,
Referenced from: http://Punawaiola.org/es6/index.html?path=/Collections/Laws/Session Lawsl892001.pdf
K
public highways." Furthermore, "All public highways once established shall continue until abandoned by
due process of law".'
The Highways Act of 1892 is included in Chapter 264-1(b), Hawaii Revised Statues (HRS), further defining
the intent of the Highways Act, as follows:
All trails, and other non -vehicular rights-of-way (ROW) in the State declared to be public
ROW by the Highways Act of 1892, or opened, laid out, or built by the government or
otherwise created or vested as non -vehicular public ROW at any time hereafter, or in the
future, are declared to be public trails. A public trail is under the jurisdiction of the State
Board of Land and Natural Resources — unless it was created by or dedicated to a
particular county, in which case it shall be under the jurisdiction of that county. All State
trails once established shall continue until lawfully disposed of pursuant to Chapter 171,
H RS.'
What this report will look at in more detail is whether or not the North Kohala Hawaiian Railroad
alignment is:
1. Considered a road, under the definitions provided in the Highways Act of 1892
2. Was built by, or commissioned by, the Hawaiian Government
3. If the ROW has been lawfully disposed of pursuant to Chapter 171, HRS.
4. If there are portions of the ROW that have been lawfully disposed of, what are the
recommended next steps? Can coastal access law and existing protected alignment
supplement areas where this may happen?
Historical and Legal Overview
The very first railroad for the Hawaiian Kingdom was the North Kohala Hawaiian Railroad, approved in
1878. "An Act to Promote the Construction of Railways," approved August 1St, A.D. 1878. The Act was
then changed by an amendment in August 1880 that clarified the "rather loose arrangement of the Act's
Section 27 and 28"4 which related to the return of investment. It was then amended to "guarantee as
subsidy of not more than two thousand five hundred dollars per mile of railroad actually constructed,
equipped, and in complete running order, such completion to be evidenced by a certificate in writing of
the Surveyor General, which certificate shall be filled in the office of said Minister."' The other
amendment that was made, Section 28 of Chapter 29, further outlines the use of public funds for the
construction of the railroad. Thus, it states "...the Minister of Finance is hereby authorized and required
to pay on the certificate of the Minister of the Interior to the corporation... such sums of money as may
be ascertained to be due by virtue and authority of the preceding section but not in any case to exceed
2Referenced from: http://punawaiola.org/es6/index.html?path=/Collections/Laws/Session Lawsl892001.pdf
3 ibid
4 Narrow Gauge in a Kingdom: The Hawaiian Railroad Company, 1878-1897. JC Conde, 1971
Glenwood Publishers
5 ibid
two thousand five hundred per mile of railroad constructed, out of any moneys which may at the time
be in the Public Treasury not otherwise appropriated." It documents further that if it should not be
sufficient to cover the costs, then the Minister of Finance, with the consent of the King, may issue bonds
with an interest rate of 7% annually. With these changes, the Act, as Amended, was approved on August
13, 1880.
The Hawaiian Railroad Company formed on October 20, 1880 and was responsible for the narrow gauge
railroad that ran from Mahukona to Niulii. An act to support railroad planning and construction was
originally introduced into the Hawaii legislature in June 1878 but it wasn't until Samuel G. Wilder was
appointed the new minister of the Interior that the charter for the Hawaii Railroad Company, from
Mahukona to Niulii, was signed. Once King Kalakaua signed the charter, he deposed his whole cabinet
leaving Wilder free to proceed with his plans for the railroad'.
Published figures for 1884 indicate that the railroad carried 20,000 tons of freight and 6,000 passengers
that year. The Hawaiian railroad had no physical connection to any of the plantations it served and had
no spur tracks to mills in its original alignment'.This demonstrates that public funds were used to
construct the railroad, and, while the intent of Samuel G. Wilder was likely to further his own businesses
as well as furthering the large agricultural plantations, the construction of the railroad was done as part
of a government initiative. The Government Contract' provides a summary of the commitments, with
some key components that underlie the full intent of the railroad. The date is especially important when
considering other Hawaiian Laws and Statutes that provide a legal basis for further inquiry into this
alignment being eligible to become a trail for public use.
HAWAIIAN RAILROAD COMPANY CONTRACT
1St. Corporation shall commence to construct a Railroad within one year from October 23, 1880. Gauge
shall be not less than 30 inches. Worked by locomotive Steam Engine.
2"d Shall during continuance of the Charter carry all mail matter free of charge. Also all Sheriffs,
Constables and Peace Officers when on Government Duty.
3rd. Rolling stock subject at all time to the approval of the Minister of the Interior.
4t". Average speed shall not be less than 5 nor more than 30 miles per hour.
5t". Shall upon the request of the Minister of the Interior repair all rolling stock, stations and portions of
the road as shall be designated defective.
' Jesse C. Conde with Gerald M. Best. Sugar Trains — Narrow Gauge Rails of Hawaii. Glenwood Publishers, Felton CA
1973.
' ibid
' Hawaiian Railroad Company Data, Archives of Hawaii
:!
6th Minister of the Interior, or persons whom he shall appoint permitted at all times the right to pass
over and examine the road, and all buildings, rolling stock, stations &c.
7th Minister of the Interior to cause to be paid to said Corporation $2500 per mile for each and every
mile constructed, equipped and in complete running order upon certificate of the Surveyor General.
No subsidy to be paid until at least 5 miles of the Railroad is complete.
If at the expiration of the Charter the same shall not be renewed on application for such purpose, the
Government shall take over and purchase the road, rolling stock, land, appurtenances and shall pay
therefor to the Corporation such sum as shall be appraised by 5 different persons or a majority of them
as the value thereof.
The contract, set prior to the Highways Act of 1892, sets in motion the establishment of a railroad that
brings goods, services, people, government workers, and mail from Mahukona to Nuilii. It is established
through a Government Act, is subsidized by the Government, and is referred to as a road. This last
paragraph of the Act provides the use of the word 'road' as it relates to the railroad alignment or ROW.
"the Government shall take over and purchase the road, rolling stock, land, appurtenances and shall
pay..." The use the railroad as a 'road' is seen in other legal documents to describe the railroad ROW.
In review of other railroads throughout the Kingdom, we see instances where subsidies were authorized
for the railroads. Chapter CXI. An Act Granting a Franchise to Establish and Maintain a Lottery. Be it
Enacted by the Queen and the Legislature of the Hawaiian Kingdom:... Section 4. Said sum shall be
devoted to the uses and purposes hereinafter set forth, and the Minister of Finance is hereby authorized
to pay the same as herein provided, as long as the same is received for said franchise." The act further
describes subsidy to pay for public resources, including: Subsidy to be paid for the construction and
maintenance of a railroad around the Island of Oahu... as well as Third: Subsidy to be paid for the
construction and maintenance of a railroad from Hilo, Island of Hawaii, through the Districts of Hilo and
Hamakua, fifty thousand dollars per annum, to be paid during such period during which said railroad is
kept in operation. This points to the use of public funds for the construction and maintenance of the
railroads. While it does not specifically call out the North Kohala Railroad, it provides another
documentation of the use of public funds in the construction and maintenance of railroads.
In the Highways Act of 1892, Section 8 includes the responsibility that "Railroads, Canals and Ditches
crossing highways to be kept in order by the Government. Section 8. Whenever highways are laid out to
cross railroads, canals or ditches, the road authorities must, at public expense and without delay, so
prepare and guard such road, canal or ditch that the public may cross the same without danger."' This
statement implies that the 'road' is referring to the Railroad.
The history shows that the North Kohala Railroad was not constructed as a means to transport sugar
cane alone. It includes government use, was developed through an Act, and included government
funding. This supports the concept that the railroad was a government -funded, government
commissioned, and government used public facility. It is often reported as a 'road' under Government
9 Referenced from: http://Punawaiola.org/es6/index.html?path=/Collections/Laws/SessionLawsl892001.pdf
contracts, Acts and laws, and was built prior to 1892. This indicates that it should be considered a 'trail'
under HRS 264-1(b). In the Mapping Section of this document, we will further examine the railroad ROW
and determine if there were any legal changes to the railroad ROW that would not qualify it as a road.
Understanding Hawaiian Land Tenure prior to 1778
From 1778 to 1890, when the Hawaiian Railroad Company was formed, there were drastic changes in
land tenure as well as the economic, social, political and religious norms. This description is included in
this report to show how these changes altered the day to day life in North Kohala, and relates to the
importance of public access to important cultural and historic sites. Prior to European contact in 1778,
Hawaiians developed a complex and stable land tenure system. The eight main islands were divided into
several separate chiefdoms, with an ali'i 'ai moku (district or island chief) or moi (high chief) controlling
one island or section of an island and with a kalaimoku (counselor) to manage lands. 10 The ali'i 'ai moku
also had an 'aha ali'i (council of chiefs) for advice and guidance. Certain lands were reserved for the ali'i
'ai moku and the remaining lands were given to the most loyal chiefs, relatives, or allies. In turn, the
chiefs retained lands for themselves and distributed the rest to their followers. All lands were given
subject to revocation at will, and when conquest or death brought a new ali'i 'ai moku, lands would be
redistributed according to the preference of the new high chief in consultation with the kalaimoku and
'aha ali'i. The ali'i 'ai moku was managed by ahupua'a, with an ahupua'a chief who was responsible for
the production of the ahupua'a.
The ahupua'a was the land unit that most closely related to the everyday life of the people. An ahupua'a
could range in size from one hundred to thousands of acres. An ahupua'a typically "ran like a wedge
from sea to mountains."11 An ali'i 'ai ahupua'a (ahupua'a chief), or sometimes a konohiki (land agent),
administered the ahupua'a. An early Hawai'i case explained that the ahupua'a afforded to the chiefs and
people "a fishery residence at the warm seaside, together with the products of the high lands, such as
fuel, canoe timber, mountain birds, and the right-of-way to the same, and all the varied products of the
intermediate land as might be suitable to the soil and climate of the different altitudes from sea soil to
mountainside or top." 12
Hawaiian society paralleled this land division pattern. At the top were the ali'i ai moku and kahuna nui
(high priest), then the ali'i 'ai ahupua'a, then the ahupua'a konohiki, and finally the maka'ainana (people
of the land). " The maka'ainana worked together under the direction of the chiefs and priests and
within the boundaries of the ahupua'a, the maka'ainana had the right to hunt, gather wild plants and
herbs, fish offshore, and use parcels of land for kalo cultivation together with sufficient water for
10 See E.S. Craighill Handy & Elizabeth Green Handy with the Collaboration of Mary Kawena Pukui, Native Planters
in Old Hawaii: Their Life, Lore, and Environment 45-49 (rev.ed. 1991), as found in Native Hawaiian Law - A Treatise,
Edited my Melody Kapilialoha MacKenzie with Susan K. Serrano and D. Kapua'ala Sproat. (Referred to as Handy,
Handy & Pukui)
11 ibid
12 See Patrick Vinton Kirch, When did the Polynesians settle Hawaii?A Review of 150 Years of Scholarly Inquiry and
a Tentative Answer, 16 Hawaiian Arch. 3 (2011)
" Handy, Handy & Pukui
irrigation. " Maka'ainana could freely trade and move within the ahupua'a, however all of the activities
were regulated by a very intricate system of rules designed to conserve natural resources and provide
for all ahupua'a residents. This system of land tenure also gave the maka'ainana the power to move to
another ahupua'a if they were ill-treated, which then poorly reflected the ability of an ahupua'a chief to
make the land productive. This is a simplified version, as there are many interpretations and differences
of opinion in the freedom given to commoners, however, for the purposes of understanding land tenue,
this document considers this perspective. This system was vastly different from what we have today,
and also allows one to understand why the concept of private land ownership impacted not only the
land tenure system, but also the Hawaiian society and order.
Contact with the Europeans and the Americans brought radical changes. Kamehameha I, using Western
arms and allies, brought all of the islands, with the exception of Kauai, under his control. In 1810,
Kamehameha gained the allegiance of Kauai's chief, Kaumuali'i, thus uniting all the islands under one
rule. Kamehameha I did divide the lands among his chiefs in the customary way, and he also created
another administrative level by appointing loyal chiefs to be governors on each of the islands."
Kamehameha's son Liholiho, serving as King Kamehameha II, created changes to societal and land
tenure. With the encouragement of Ka'ahumanu and his mother, the high chiefess Keopuolani,
Kamehameha II abandoned the kapu (religious restrictions) that included a prohibition on men and
women eating together. By openly eating with Ka'ahumanu and Keopuolani in an act known as the 'ai
noa (free eating), Kamehameha II abandoned the traditional religion. 16 From this point on, we see an
influx of Europeans and Americans, new treaties, influences, as well as the Protestant Calvinist
missionaries. Early commerce and trade was centered on active fur and sandalwood trades, as well as
the whaling industry. When overharvesting collapsed the sandalwood trade and whaling stocks
diminished, Europeans and Americans, looked towards large-scale agricultural products and the
pressure to change the traditional land tenure system intensified. The Constitution of 1840, under
Kamehameha III, formally declared that the land belonged to the chiefs and people with the king as
trustee for all. The 1840 Constitution established a governmental structure for the kingdom, confirming
the authority of the island governors, appointed by the king, and it created two bodies of legislative
council, a judicial system, the kuhina nui (prime minister), and four others appointed by the House of
Representatives.
The next big change was with the Mahele period, which started with the act creating the Land
Commission. The King would retain his private lands, subject only to the rights of the tenants, and the
remaining land of the kingdom would be divided into thirds: one-third to the Hawaiian government,
one-third to the chiefs and konohiki, and the final third to the native tenants. 17 In 1848, the king held
almost 2.5 million acres, or 60.3% of the total land, while the chiefs had received a total approximating
1.6 million acres18. The king divided his lands into two parts. The larger portion, about 1.5 million acres,
he "set apart forever to the chiefs and people: of the kingdom". The legislative council then ratified and
accepted the lands conveyed to the chiefs and people, declaring them to be "set apart as the lands of
the Hawaiian government, subject always to the rights of tenants." These lands were designated as
14 Marion Kelly, Changes in Land Tenure in Hawaii, 1778-1850 (un published M.A. thesis, University of Hawaii -
Manoa)
15 Compare, E.g., Chinen, Mahele, supra note 22, at 5 and Ralph S. Kuyendall, The Hawaiian Kingdom 1778-1854:
Foundation and Transformation 269 (1938)
16 Samuel Manaiakalani Kamakau, Ruling Chiefs of Hawaii 222-25 (1961) and as described in Native Hawaiian Law —
A Treatise pg 10 (2015)
17 Pirvy Council Minutes, Dec. 21, 1849, available in Ka Huli Ao Digital Archives, http://punawaiola.org
"Jon J. Chinen, The Great Mahele: Hawaii's Land Division of 1848 (1958).
Government Lands. In 1862 a Boundary Commission was established to settle boundary questions
regarding the ahupua'a and 'ili kupono that had been awarded by name only19. The final action in the
Mahele process was for the maka'ainana. The Kuleana Act of August 6, 1850 authorized the Land
Commission to award fee -simple title to native tenants for their plots of land20.
Tenant farmers could apply for their own plots of land, called kuleana. A kuleana parcel could come
from lands of the king, government, or chiefs. While the kuleana lands were generally among the richest
and most fertile in the islands, there were a lot of restrictions. The kuleana could include only the land
that a tenant had cultivated plus a house lot of not more than a quarter of an acre. The native tenant
was required to pay for a survey of the land and bring two witnesses to testify to the tenant's right to
the land. In the end, only 28,658 acres, much less than 1 percent of the total land, went to the
maka'ainana through this process. There were a lot of different reasons and theories as to why
maka'ainana did not secure more kuleana parcels. This was a very different land tenure system, many
did not understand or know about the law, some lacked money to pay for a survey, and others felt that
to claim land was an act of betrayal to the chiefs, and still others feared reprisal from the chiefs. 21 The
1850 Kuleana Act also protected the rights of tenants to gain access to the mountains and the sea and to
gather certain materials. However, an early Hawaii case, Oni v. Meek (1958), held that the rights
enumerated in the Kuleana Act were the full extent of native tenant rights within the ahupua'a. This
meant that other traditional rights, such as the right to grow crops and pasture animals on unoccupied
portions of the ahupua'a was not allowed.
In 1845 an act was created to authorize the sale of Government Lands, and within four years over
twenty-seven thousand acres of land had been sold. In 1850, a second major piece of legislation
permitted any resident of Hawaii to own and convey land regardless of citizenship. 22 These changes
created drastic changes to land ownership. When the Land Commission dissolved in 1855,
approximately 1.6 million acres of land had been distributed to the chiefs or konohiki, another 1.5
million acres had been set aside as Government Lands, almost 1 million acres had been retained by the
king, and only 28,658 acres had been claimed by the people. The fifty-year period after the Mahele
brought the growth of large-scale plantation agriculture, especially sugar, and the steady loss of lands
from Hawaiian control. Professor Neil Levy describes the situation as follows:
With a permanent population of fewer than two thousand, Westerners took over
most of Hawaii's land in the next half -century and manipulated the economy for their
own profit. They had already stripped the land of its only readily exploitable
resource, sandalwood. After the Reciprocity Treaty of 1876, which allowed Hawaiian
sugar to enter the United States duty-free, Western -owned sugar plantations
dominated the Hawaiian economy. That the local population did not participate in
this economy proved no obstacle; laborers were imported and by the turn of the
century, Hawaiians were a minority in their own homeland.za
As the construction and use of the Hawaiian Railroad is a product of this time after the Great
Mahele when sugar plantations dominated the land and economy, it is important to
11 Act of Aug. 23, 1862 Laws of His Majesty Kamehameha IV, King of the Hawaiian Islands 27, referenced from
http://Punawaiola.org
20 Act of July 11, 1851, Statute Laws of His Majesty Kamehameha III, King of the Hawaiian Islands
21 Davianna Pomaika'i McGregor, NaKua'aina: Living Hawaiian Culture.
22 Act of July 10, 1850
2s Neil M. Levy, Native Hawaiian Land Rights, 63 Calif. L. Rev. (1975)
Ej
understand the history. Preserving the railroad ROW as a trail provides an opportunity to
present the history, not only from the perspective of the sugar plantation, but also how the
land became dominated by the sugar plantations and changed North Kohala from the days of
Kamehameha I, which is described further in this document.
The Public Trust Doctrine
Under traditional Hawaiian land tenure principles, all lands and the adjacent ocean areas were held in
trust by the ali'i (chiefs), who directed the maka'ainana (people of the land) in the sustainable
stewardship of the resources. As described in more detail above, after western contact, laws were
eventually introduced with respect to private land ownership. One other area that is important as we
understand the public access rights is how coastlines remain under the public trust doctrine, held by the
government as a public resource. This is important in areas where the railroad ROW may have been
legally abandoned. The project could look at either approaching such land owners to convince them to
allow the trail to continue, or, if it is a subdivision or larger area, permission to bring the trail to the
coastline, where public access is a right. Information below provides the justification for this approach.
"In King v. Oahu Railway & Land Co (1899), the Hawaii Supreme Court reaffirmed an ancient principle,
the public trust doctrine, ruling that all lands under navigable waters are public lands held in trust by the
government for public uses. In that case, the Hawaiian Kingdom had leased shoreline property around
Honolulu harbor to defendant Oahu Railway and Land Company to develop and manage railroad and
wharf facilities. Pursuant to the lease and the Railroad Act of 1878, the railway company became an
agent of the government and had the authority to exercise eminent domain powers, such as the
condemnation of lands. The lease also allowed the government to reclaim the land and any
improvements after giving the railway company ninety days' notice. The controversy happened when
the government wanted to reclaim the land to make extensive wharf improvements. Oahu Railway
sought to condemn the land for railroad and wharf purposes and establish a perpetual right -or -way to
sail and anchor its vessels. The issues before the court was whether the government, through its lease,
had relinquished its control over land under the navigable waters of Honolulu harbor to the extent that
the railway company could condemn the submerged land over the government's objections. The Court
held that the government could not have relinquished control over the submerged land to the extent
that the railway company could condemn it, due to the special nature of submerged lands.
The court ruled: The people of Hawaii hold the absolute rights to all its navigable waters and the soils
under them for their own common use. The lands under the navigable waters in and around the
territory of the Hawaiian Government are held in trust for the public uses of navigation. While this in
itself may not help the land component of the railroad ROW, it does have a connection to shoreline
boundaries and the public trust. Hawaii courts have recognized public trust principles in shoreline areas
above the low-water mark. Although they have recognized the power to the Hawaiian Kingdom to grant
lands down to the low-water mark, courts have held that absent specific language granting such lands,
lands Makai (seaward) of the high-water mark typically remain reserved for public use. Hawai'i courts
have also held that Hawaiian tradition and custom, along with public trust principles, establish public
rights to shoreline areas makai of the high-water mark.
Based on a couple of cases, Ashford (1968) and County of Hawaii v. Sotomura (Sotomura I) (1973) the
Hawaii Supreme Court recognized that it was the custom and practice of the government survey office
to have kama'aina witnesses to point out shoreline boundaries to government surveyors, who would
then record those boundaries. There was no evidence to indicate that Hawaiian shorelines in 1866 had
been based on U.S. Coast and Geodetic Survey publications. Thus, the court held that ancient tradition,
custom, and usage established the shoreline boundaries between public beaches and private lands as
along the upper reaches of the wash of the waves, as evidenced by the edge of vegetation or debris line.
For the case of North Kohala, there is a Conservation Land Use District along the cliffs fronting the
ocean. Together with the Ala Kahakai National Historic Trail, there is public access along the coastline for
a swath of land from the cliffs in most areas up until 'Upolu Point. There may be areas within the
alignment in this section that may need to utilize this area as the access point to connect portions of the
old railroad line if there are cases where the railroad ROW has been legally abandoned. This will be
further detailed out in the mapping analysis section of this report.
King Kamehameha I —Importance of Place
This section brings us back to a time before, and immediately after Western contact to the Hawaiian
Islands. To understand the importance that North Kohala had on the formation of the Hawaiian
Kingdom, we will go into a brief description of King Kamehameha I, the important relationship with
place, and the significance of the many resources and wahi pana that exist throughout the area. This can
be expanded to describe important cultural sites that the community wishes to protect and interpreted.
There are many cultural sites found throughout North Kohala from villages, heiau, to expansive
agricultural irrigation and plots. As there are many sites, this report will touch on the history relating to
Kamehameha I, his kula iwi (his homeland), and some select areas that are becoming public lands
through recent land purchases.
Kamehameha was born near Kokoiki, toward the leeward side, close to the imposing and ancient
Mo'okini Heiau. The year is not certain, and was most likely sometime in the 1750's, approximately
twenty years before the arrival of Captain James Cook. Kohala 'Aina24describes the birth of
Kamehameha as follows: It was said that "During the stormy night of Kamehameha's birth, there were
many omens that led to suspicions that a leader was born. It is said that when one of the rival chiefs in
Hilo heard of the birth, he remarked: "Pinch off the tip of the young mulberry shoot." Concerned, the
mother gave Pai'ea (Kamehameha) into the custody of Nae'ole, chief of Halawa, to raise him away from
the dangers of the court. A woman named Keaka helped Nae'ole. Isolated from parents, uncles, and
nephews, left to his own company, will and mind, the young boy acquired the name Kamehameha, the
lonely one. When Kamehameha was five years old, he joined Alapa'inui's court. When his father and
uncle Alapa'inui died, another uncle, the general Kalani'opu'u, took the young Kamehameha under his
wing. Kalani'opu'u had Kamehameha trained by the best warrior known, Kekuhaupi'o from Ke'ei in
South Kona. The young chief poured all his energy into learning the martial arts, preparing for the
inevitable battles he wanted to win. Kamehameha returned to Halawa with Kekuhaupi'o to practice his
craft, the use of the many—pointed spear, in a district that he knew well.
" Kohala 'Aina, Sophia V. Schweitzer and Surety Kohala Corporation. Mutual Publishing, November 2003
10
More signs indicated that Kamehameha was heading for greatness. Some chiefs clung to him, eager to
profit from his ascent. Others were planning his defeat. Kalani'opu'u reiterated his wish that, upon his
death, his son Kiwalao would rule. His nephew Kamehameha, he said, should look after the war god
Kuka'ilimoku. Kamehameha responded by breaking a powerful kapu. After the conquest of the rebelling
chief'Imakakoloa in Puna, protocol required that Kiwala'o lead the sacrificial ceremonies. Instead,
Kamehameha snagged the chief's body to offer it to Ku. The aged Kalani'opu'u understood that he could
not stop his nephew. He ordered Kamehameha to prepare: "Return to your birthplace and take care of
the chiefs and the commoners.""
Kamehameha stayed for two years and he lived at Halawa during five separate periods of his life 26. He
tended taro patches, planted noni trees, and encouraged his people to share in the work. These were
happy, abundant times for Halawa and Kamehameha's people became faithful, self-confident, and
strong. Kamehameha became the leader of Hawaii Island after a series of battles. While Kamehameha
was living at Halawa, Kekuhaupi'o came to bring the news of Kalani'opu'u's death and thus of an
imminent war. Kamehameha fought with Kiwala'o and won. Between battles to subdue the island's
chiefs to his reign, Kamehameha returned to his Kohala lands to continue agriculture. When
Kamehameha was not in Halawa, the warriors of Kahekili, the chief of Maui, plundered his beloved
Halawa lands and oppressed his people. Kamehameha and Kekuhaupi'o then returned and defeated
Kahekili in the Battle of Hapu'u, which lasted two days. Then they rested in Halawa before unifying the
Hawaiian Island.
Halawa was once was one of Kohala's most prominent lands. King Kamehameha spent his early
childhood years in this fertile land. He enjoyed the bountiful land, and was known to surf Kapanaia and
tend to his taro farms. At that time, Halawa was densely populated. It had a promising chief and an
abundance of food. At the first missionary census in 1835, Halawa's residents numbered 214. As time
moved forward, Halawa became home to a Catholic settlement under the leadership of Saint (Father)
Damien de Veuster. Fields ideal for sugar cane attracted Kohala's second sugar mill, drawing both the
creme de la creme of Hawaii's haole socialites and dozens of impoverished Chinese immigrants, the first
ethnic group of the laborers in Hawai'i. Today, Halawa slumbers quietly through the changes in Kohala,
its legendary and colorful past largely forgotten except for the stories.
In addition to Halawa, there are numerous areas that showcase the activity of Kamehameha while he
was living in Kohala, including at the lands surrounding Kapanaia Bay. Within the land there is evidence
of the earliest culture of Hawaiian settlement, including Kapalama Heiau, a canoe haul road build by
Kamehameha, and nineteen other sites, spanning prehistoric to historic. Kapalama heiau is on Kaheo
Point and at the time of the Mahele, there were ten Land Court Award claims by nine claimants that
were granted to these parcels, all located within the ahupua'a of A'amakao. The Hawaiian Railroad also
traversed this area, with physical remnants of the railroad trestle footings found across the stream. The
25 ibid
26 Hawaiian Mission Children's Society Library, Mission Houses Museum.
11
current road down to the bay is likely from the construction of the railroad, perhaps built upon the
ancient trail down to the bay.
The land in Kohala, and in particular the land of Kamehameha, was once full of native trees, and
gardens. The coastal areas had groves of hala, breadfruit, noni, milo, hau, kou, and kukui trees. Farmers
(including Kamehameha) built elaborate auwai water irrigation systems from the streams that carried
water to the deep soil plateau. The gulches were full of lo'i taro patches. In some areas, such as the
Kapanaia parcels that will soon be county lands, community groups and organizations are active and
dedicated to restoring this natural setting. Access to this area, through the railroad ROW as well as
mauka-makai access is key to making this become a reality. This portion of land will be further analyzed
in the mapping section of this report.
Influence and Change — Impacts from Religion and Disease
With the removal of the kapu system and Hawaiian spiritual religion, there was significant expansion of
missionaries spreading Christianity. Missionaries played an influential role in the transitions in Hawaii.
There was also the transition from the Hawaiian land tenure system to a western -based private land
ownership system, which brought a change in the way of life, as well as the economy. After traders and
whalers arrived to the islands, there was the start of the transition into a cash economy. Once the
sandalwood trade and whaling slowed, there was advancement into the large-scale agriculture
economy. North Kohala had a presence of Protestant, Catholic, and Mormon missions in the early
period. Some who came as missionaries, stayed and furthered not only the movement of Christianity,
but also created economic opportunities in the form of powerful large agricultural enterprises, including
sugar plantations.
The first missionaries arrived in the islands in 1820, several years after the removal of the kapu system.
At least 8,000 people lived in Kohala at the time27, living with the abundance of ocean and land. It
wasn't until 1837 that Kohala supported its first church, at Nunulu above Kapaau town. In 1839,
Reverend Bliss established the foundation of the 'lole Mission Station, what became known as the Bond
estate, and is now under the name Ho'omau O'lole. In 1840, Minister Elias Bond and his wife Ellen came
from Maine and built and grew the mission, schools, and eventually established the Kohala Sugar
Plantation. Elias Bond was exposed to the "Royalty and nobles of the Sandwich Islands, as a result of the
first group of missionaries who arrived in 1820"28. He established a New England -style mission that
created change and influence in Kohala. The physical buildings are still present, as it was placed on the
National and State Register of Historic Places in 1977 and 1978. Father Elias Bond 29 saw the changes in
economics, and tried to slow down the destructive speed with which Kohala shifted from traditional
barter to new money. However, he had to concede that money had become the new standard and that
2' Coffee times, referenced from http://www.coffeetimes.com/aug98.htm
28 Elias Bond and the Mormons in Kohala, referenced from
https://scholarsarchive.bvu.edu/cgi/viewcontent.cgi?referer=https://www.google.com/&httpsredir=l&article=119
1&context=mphs
29 Damon, Ethel Mosley. Father Bond of Kohala. Honolulu, the Friend, 1927.
12
his community was "wretchedly poor"30. Those who could afford it fled Kohala to Lahaina and Honolulu
where whalers and traders accelerated the new economy.
Bond felt he could not leave his flock, mission, and school and sought to find ways to support the
community. He attracted the support of his Mission friend Samuel Northup Castle. Together, they raised
capital for the Kohala Sugar Company. Bond then entered into the sugar business, known by some as the
"Missionary Plantation", and by the early 1870's, the Kohala Sugar Plantation profited. Bond gave
money back to schools and the Mission board.31 Eleven years earlier, Castle had resigned from the
Mission to start a business venture with another ex -missionary. Bond sold his land and bought stock in
Kohala Sugar Company.
Bond insisted on strict plantation rules that kept his primary missionary purpose in the foreground.
Bond was told to go easy on his strict religious rules, and Dwight D. Baldwin, the son of a Waimea -based
missionary who used to visit Kohala prior to Bond, managed with a softer heart than other managers.
While Baldwin left it losing money, (but well liked), The Kohala Sugar Company climbed out of debt
shortly after and Bond lost influence as George CC Williams became manager in 1872. James Wight was
the first to become independent, separating himself from his agreements with Bond to open Halawa
Mill and Plantation in 1873. Other haole businessmen moved in, and new mills followed. Niulii Mill
(1877), Union Mill (1874), Star Mill and Hawi Mill (both 1881) opened.32 Subsidiary plantations and
independent entrepreneurs organized, growing and selling cane to nearly mills.
In addition to Protestant missions, Father Damien de Veuster served from March 1865 to 1873 when he
left for Kalaupapa on Molokai to help the people who had contracted Hansen's disease (leprosy). He is
now canonized as Saint Damien for his work. James Hawkins and John Stillman Woodbury were the first
Mormons to arrive as missionaries. Brother Rice was sent to reopen mission efforts for the Mormon
Church, along with mainland Elders Nathan Tanner and Thomas Karren, in company with newly ordained
Elder John W. Kahumoku, and established their mission in Kohala. While the different ministries held
strong to the belief of saving lives through conversion, and increasing their members through
conversion, the likely biggest reduction in the flock of each church was not one of economy or one of
religion, it was the diseases carried over. Measles, whooping cough, dysentery, influenza, and small pox
spread death across the islands. Samuel M. Kamakau, a Hawaiian historian, reported, "In September,
1848, an American warship brought the disease known as measles to Hilo, Hawaii. It spread and carried
away about a third of the population.1133 In 1949, M.A. Taff, Jr., then head of the Territorial Health
Department's vital statistics office, stated that "the (1848-49) measles epidemic alone killed off one-
quarter of the native population. By the end of the major epidemics, the Hawaiian population was
30 Kohala 'Aina, Sophia V. Schweitzer and Surety Kohala Corporation. Mutual Publishing, November 2003
31 Coffee times, referenced from http://www.coffeetimes.com/aug98.htm
32 Kohala 'Aina, Sophia V. Schweitzer and Surety Kohala Corporation. Mutual Publishing, November 2003
33 Schmitt. For 1990 estimates of the "pure" and part Hawaiian populations, see Robert C. Schmitt, "How Many
Hawaiians Live in Hawaii? Pacific Studies19, no. 3 Sept.1996. referenced from
https://core.ac.uk/download/pdf/5014607.pdf
13
decimated. The 1850 census found 82,035 unmixed Hawaiians and 558 part Hawaiians, compared with
107,354 Hawaiians in 1836, and perhaps 300,00034 in 1778"3s
Many influences and change came to North Kohala and the islands. As the large-scale agricultural
plantations grew in economy and influence, there was the need to move goods, services, and people to
locations across the islands. There was also the need for labor on these large agricultural plantations.
The reduction in the Hawaiian population and the ability to bring in other labor brought changes in the
population of North Kohala. With the influence of Samuel G. Wilder, the start of the Hawaiian Railroad
Company began a trend that expanded across the islands as a means to boost economic production and
modernize the economy. Chinese laborers were brought in to build the railroads, and numerous
immigrants are brought to work the sugar plantations.
The First Hawaiian Railroad
In the first week of March 1882, 11 miles of the Big Islands' first railroad opened, connecting Hawi to
Mahukona, and bringing an isolated peninsula into the era of mechanized industry. Plantations no
longer had to rely on bullock -drawn wagons or treacherous boat landings. Samuel Gardner Wilder, great
uncle of manager J. Scott B. Pratt, worked with the Hawaiian Railroad Company to incorporate on July 5,
1880, with the goal of improving efficiency and profits in sugar transportation. Wilder also owned the
inter -island steamship company that serviced Mahukona. Thus, it is apparent that the intent from
Samuel G. Wilder was likely for the benefit of his own businesses; however, the railroad was
nevertheless built as a government infrastructure project.
"Plans for the Mahukona railroad had started in 1878, when a new treaty between the Hawaiian
Kingdom, ruled by King Kalakaua, and the United States encouraged sugar exports. While Samuel Parker
at Waimea -based Parker Ranch envisioned a Hilo-Hamakua connection, the owner of the Likelike and its
steamer company, Samuel G. Wilder, proposed a cheaper Kohala route. With the calculated judgment of
a man with indomitable vision, Wilder became Minister of the Interior in the King's cabinet, started
surveys in Kohala, and was granted a Charter of Incorporation under the official name "The Hawaiian
Railroad Company" in July 1880.
Construction of the railroad was done primarily by 100 Chinese laborers and 20 haole supervisors. The
construction of the railroad had its challenges. There were areas that needed blasting and gulches to
traverse. It was reported in the local newspaper that the construction included "passing through a
country full of boulders and rocks, necessitating constant blasting." (Hawaiian Gazette, June 8, 1881).
The thirty-six inch narrow gauge line had to be anchored into bare lava, wending its way up and around
steep gulches, navigating high trestles, and hugging coastal cliffs. For reasons Wilder did not explain, he
placed railroad stations far below camps and sugar mills, "as remote from all community interests and
lines of travel as the sagacious cane -field owners could compel it to go (Kohala Midget, October 7,
1914). Construction changed Kohala's landscape, plowing fields that, complained a Hawaiian farmer,
34 Other estimates (http://www.pewresearch.org/fact-tank/2015/04/06/native-hawaiian-population/) put the
population at around 700,000 in 1778.
35 Robert C. Schmitt, Demographic Statistics of Hawaii: 1778-1965 (Honolulu: University of Hawaii) 1968
14
were "ruthlessly destroyed by the railroad overseers of S.G. Wilder. This act is equal to that of plain
murder, because the livelihood of myself and my family is reduced to nothing, that is, my plants and that
of my family are covered with dirt, the taro, banana, ti leaves, coffee, mango, orange, bamboo, and
other plants. My property was filled with fruits, but these days it is reduced to naught." (S.W. Kahanui
Nua Makapala).
The railroad was able to begin the process of shipping goods, services, and people with the opening of
the line. The official opening of the railroad was not announced in any paper, but it is likely that it was
officially opened in the spring of 1882. The first notable report on the progress is found in The Gazette
on March 1St, 1882, with, "Island Locals — Hawaii — The rails of the Mahukona railway are laid for eleven
miles, and already freight and passengers are being carried."36 The Gazette noted again in 1882, "The
first load of sugar carried by the railway was shipped per Likelike last week. There were one hundred
tons from Union, Star and Hind's mills. Had the weather been more favorable, double the quantity
would have been brought, but the roads in consequence of the heavy rain, rendered carting
impossible." The Gazette, again in 1882 did note the continued work to be done: "The difficulty now is
gulches. These occur every quarter or half mile and the construction of bridges occupies considerable
time." (Gazette, 1882). As the Saturday Press reported on March 18, 1882, "The latest mania in Kohala
is going to the station at Hawi, below Hind's. On a fine day even the ladies may be seen winding their
way to the attractive spot and returning in raptures about the whistle and bell, 'that keeps ringing all the
time, just like a real train!' The Hawaiian Railroad is in operation, or rather that part of it which has been
constructed, and is conveying sugar from one or two mills."
There were no direct mill connections until long after 1900, when it changed names and ownership. As a
consequence of the railroad not going to the mills, there was the challenge of loading onto the train.
One plantation, Hoea Mill, hoisted their sugar up to the railroad with a gravity track to ease the hauling
problem. Part of the reason for the alignment of the railroad, with its many curves, is to allow the
shortest and easiest gulch crossings. While the rail was not connected to the sugar mills, it did still serve
the purpose of moving goods and people. The railroad provided a new way for the sugar companies to
get their sugar to port, which was also shipped through the shipping business of Samuel G. Wilder.
No real explanation was ever disclosed as to why the railroad didn't connect to the mills.37 There are
some publications that claim it was always created for the sole purpose of sugar, however, this can be
debated based on the records for the government needs, modernization, and passengers. One opinion
was "Quite probably it was one of economy, for the line literally hugged the coast to avoid cuts and fills.
Following the contour of the terrain rather than a straight line the country being not only rolling hilly,
the road in many sections was a simple continuation of curves."38 Again, as a matter of economy to
avoid expensive bridges across the gulches, the railroad ran up a gulch to the point where it could be
crossed with a relatively low trestle. As a result the line amounted to 19 7/8 miles for a true distance
36 Narrow Gage for the Kingdom, Pg 31
3' Narrow Gage for the Kingdom Pg 32
38 ibid
15
about 15 miles, from Mahukona to Niulii."39 At least two railroad workers were killed. A German in the
employ of the Hawaiian Railroad Company fell between the cars and was instantly killed. No one to
blame but himself.40 Engines rolled over, a hair -width away from the cliffs or on narrow trestles high
above solid ground. Frightened cattle and pigs ran head on into the train. Despite these challenges, few
questioned the safety and advantages of the Railroad, and Wilder continued adding tracks.
On January 13, 1883, Wilder's Railroad reached the Niuli'i turnaround at Kohala's most eastern
plantation, nearly 20 miles, almost 5 miles longer than a straight Mahukona to Niuli'i shot. Its' trestles
crossed seventeen gulches, one of them eighty-four feet high, one 560 feet long. The train wound
around 25 -sharp curves. It included a primitive telephone system that connected the stations. King
Kalakaua's visit to unveil the once -lost statue of King Kamehameha at Kapa'au in May 1883, turned into
the Hawaiian Railroad's grand ceremonial ride. From then on, the teak passenger cars from London in
which he and his entourage had traveled were named the Kalakaua Cars. Plantations loading sugar paid
$2.50 per 2,000 lbs (one ton) of sugar, regardless of distance — the reason John Hind refused to
participate. Productivity and revenues soared. Kohala entered its greatest prosperity to date. In 1884, it
produced 10,000 tons of sugar and took in more than $40,000 in profits. The Railroad carried 20,000
tons of freight and 6,000 passengers. That year, three locomotives hauled twenty-eight small freight
cars, five flat cars and six passenger cars. In 1885 Kohala Sugar Company soared in productivity to five
times its earlier reports.
When Wilder died, it was discovered that all the stock shares had gone to Wilder, who effectively owned
the whole company. As a result, the company fell to his estate and immediate family. The plantations, as
co-owners, had always thought they owned stock, and felt that they had been cheated. The deceit was
part of a painful transition time for the railroad. As discoveries about Wilder's business practices
undermined confidence, the Railroad's income decreased slowly and steadily. In 1896, the Hawaiian
Railroad Company decided to dis-incorporate and re -incorporate under a new name with a clean slate.
Thus, in January 1897, the Hawaii Railway Company Ltd. emerged. It was still under control of the Wilder
estate and family; therefore the overhaul had little effect. From 1897 until 1899, four sugar firms,
Kohala Sugar Co., Union Mill Co., and Halawa Mill & Plantation Co., Ltd. and the Niulii Plantation Co.,
began buying the railroad stock, and continued its operation under the name of the Hawaii Railway
Company.
In 1899, Hawaii Railway Company approached Honolulu business factor Theo Davies & Co. With its help,
four of Kohala's five sugar companies bought out the suffering railway, "thus ensuring for the future
favorable rates for sugar, coal and other freight41. The Hawi Mill continuing its independence and did
not join as it continued to haul cane by road to Honoipu landing. The Railroad went through a period of
loss until 1912, when the railroad surrendered control to Castle and Cooke. Robert Hall, in late February
1912 reported: "Communication from Mr. Davies re Railway: New directorate in Honolulu: amended
bylaws, etc. Castle and Cooke now has control." Castle and Cooke immediately returned to negotiations
31 Narrow Gage for the Kingdom
40 Advertiser, March 24, 1884
41 Kohala Sugar Company, Annual Report, 1900
with John Hind at Hawi Mill. Hind abandoned Honoipu landing in exchange for 45% ownership in the
railway and a position as president. Including Hawi Mill meant significantly more business and income
for the ailing railway. Another locomotive, the Hawaii, joined the tracks. With further improvements, the
railway recovered and in 1915, managed to pay a dividend to its stockholders totaling $10,000.
Water was always a key component to the success of agriculture in North Kohala. The construction of
the Kohala Ditch had a significant impact on the Sugar Plantations. "After the Kohala Ditch opened, cane
yields nearly doubled across Kohala's fields. Crops were healthier. Fresh -cut cane could "flume down" to
mills situated below42. More automobiles were now in the district, which meant that passenger revenue
had dropped to a negligible $178.20 for the whole year, amounting to one or two people each week.
Passenger transport was eventually phased out. Over the next years, three of the locomotives converted
from coal to oil. In 1918, the railway gained permission from the Public Utilities Commission to increase
the rates for freight. The additional money allowed for relocation of bridges, as well as the scrapping
and replacing of engines. The railway ran with a certain stability at last. "Along with the plantation
purchase came the full ownership of the Hawaii Railway and its facilities at Mahukona .4' The Railway
Company was a component of the business consolidation of the plantations. The consolidation became
known as the Kohala Sugar Company in 1937, and was then re -incorporated that same year as
Mahukona Terminals Ltd. Manager Pratt, grandnephew to Samuel G. Wilder, improved the railroad
system to meet the needs of the plantations, by ordering additional spurs and expansions, such as new
cane cars, locomotives, additional portable track, and a permanent track at'Ainakea that would connect
the train to the Kohala Mill. "The key to the new payout is the extension of the Hawaii Railroad
Company's main line to bisect all the principal cane areas ... After the track is laid, all the cane below the
railroad will be brought in by trains, while the above the track will be hauled by truck or flumes."44
Improvements continued until the "Big Year" of 1937 when the Kohala Sugar Company laid spur tracks
to the mills and their corresponding field S41. This marked the first physical connection of the railroad to
the sugar cane operations. Eventually these four plantations merged into the Kohala Sugar Co., and in
1937 the railroad was completely absorbed by that company. September 30, 1937, saw the
disincorporation of the Hawaii Railway Company and the incorporation of the Mahukona Terminals Ltd.,
incorporated to take over the terminal operations formerly carried out by the Hawaii Railway Company.
A small spurt of railroad expansion accompanied the 1937 merger and the Ainakea-Kohala railroad spur
connected the plantation with the railroad for the first time since the original construction. Additionally,
230 cane cars, 2 used Baldwin Locomotives, and an additional supply of portable track were added to
the installation. In 1939 a part of the so-called "lower rail line," from Niulii to Star Mill junction, was
abandoned and cane haul by truck was increased to a total of two thirds of the sugar crop. The new
operational format lasted less than a decade because the railroad's terminus at Mahukona was useless
after its port was closed by the Navy during World War II out of fears of attack on vessels in the small
42 Kohala Aina, 174
43 J. Scott B Pratt, plantation manager, the Hawaii I Remember
44 Honolulu Advertiser, 9/14/1937
4s From http://sugartrains.com/history.htmi
17
harbor. A year later, with the outbreak of WWII, the port of Mahukona closed, and the railroad came to
a stop. Kohala Sugar Company decided to convert to truck hauling entirely, one of the first in the Islands
to do so. In 1945 the largest plantation improvement recorded was, "the change in the mill storage area
as a part of our conversion from rail to truck hauling". On October 29, 1945, the entire railroad from the
end of the cane fields to the mill ceased to operate when the mill was shut down at the end of that
season. 46
The Establishment and Growth of the Sugar Plantations Created Change in the Population
in North Kohala
As the railroad brought new economy to the sugar plantations, changes to the population occurred.
There were six mills in North Kohala in the late 1800's. Star Mill closed in 1891, after a 10 -year struggle.
Slowly, Kohala emerged as a powerful economic force, drawing men and women from all over the
world. Its infrastructure kept pace. As described earlier, Samuel G. Wilder, owner of the inter -island
steamship company whose ships came to various landings in South and North Kohala, developed The
Hawaiian Railroad Company. His trains were rolling by the early 1880s, packed with sugar. As discussed
earlier in the development of the railroad, while it wasn't only for sugar plantations, it certainly changed
the economy and ability for the sugar companies to get their product out to market. Train stations were
equipped with a telephone line. There was plenty of work in Kohala and a need for workers to hoe, strip,
cut, carry and plant cane. As the number of Hawaiians diminished, planters recruited workers from
China. By 1880, Kohala Sugar Company employed 250 laborers, eighty of them Chinese. The plantations
sought to balance ethnic ratios, hoping to prevent organized majorities. The plantations started to
supplement their work force in small numbers with South Pacific Islanders, and to a greater extent, with
Europeans.
Hundreds of immigrants had to be shipped into Kohala. Bond was taking on more than his original flock,
and, although he clashed with management, he worked without pause to provide schools, teachers, and
ministers. Despite hardships and injustices among island plantations, the district of Kohala gained a
reputation for its slightly more humanitarian approach. Laborers left other plantations to come and
work in Kohala. "The quarters on this plantation are noticeable for their neatness, comfort, and home -
life appearance unlike the quarters I have seen elsewhere ... there are flower and vegetable gardens
about the plan, wooden houses, some ten by twelve feet.1147
The diversity of immigrants who worked at the sugar plantations varied depending on the plantation,
however, the Halawa Mill and Plantation is used to demonstrate the general immigration trends in
North Kohala, and throughout the islands. The records from the Halawa Mill and Plantation included
recruitment from 1873 to 1929. It began with Chinese Immigrants in 1884, Portuguese — immigrants
from 1877 to 1886, South Pacific Islanders from 1877 to 1885, Northern European from 1878 through
1885, Japanese in 1885, Okinawan in 1885, Puerto Rican Immigrants from 1900 to 1901, and Korean
Immigrants in 1902. After the Philippine Islands fell under the reign of the US, a new group of laborers
became available, and this time they seemed ideal. Filipinos were technically considered nationals, so
46 Narrow Gage in a Kingdom, Epilogue
4' General S.C. Armstrong, son of a Kohala missionary family, 1880, visiting Kohala
18
they didn't have to adhere to immigration laws. They were poor and in desperate need of work. The
Filipino men came without family, aiming to return to their homelands with money in their pockets.
Englishmen came to subtropical Hawai'i with their traditions and routines, from gin and tonics and high
teas to playing polo and honoring the queen. One of Kohala's main agents, Theo Davies, came from
Liverpool. In the late 1800s, the English formed the largest haole group in Kohala. They built the Kohala
Club as a gathering place, keeping the British culture alive. Extensive English -style gardens surrounded
the buildings. Only paying members were allowed, and only men were members. King Kalakaua himself
visited the popular Kohala club.
As more people found the means to leave the camps, shop owners settled into their stores, and three
main communities emerged: Niuli'i-Makapala, Kapa'au, and Hawi. A regular bus service, two nine -
passenger vehicles, connected the towns to the outermost mills at 10 cents between stations: "One
dollar full round trip Hawi to Niuli'i"48 Saturday nights, the bus added extra service to connect with Tom
Nahiwa's Moving Picture Entertainments. Kapa'au, with its central location between mills and camps,
became an ideal center for new business. Its most interesting days were starting. Shoppers came from
Union Mill, Star Mill, and Kohala Sugar Company. Each store gained its own loyal clientele. Deliveries to
camps declined and then disappeared.
In the 1920s a new affluence brought in cars, from impractical but grandiose Fords to beat -up pickup
trucks. The Kohala mountain road between Kohala and Waimea was so bad se most of the cars drove
only within a radius of 5-10 miles.49 The Railroad ran close to town. Merchants' supplies depended on
the port at Mahukona and transport by train. Store owners rushed weekly to the train stations packed
to the rim with their merchandise. However, one bad storm or one shipwreck canceled the delivery of
fresh or new goods. Steamer days were huge events. Occasionally a merchant traveled to Honolulu to
discover new products from abroad.
In 1931, Hawi Mill officially became part of the Kohala Sugar Company due to the Hind Estate being
divided equally among seven children, who decided to sell. For the Hawi Mill workers, 90% got bonuses.
Hawi Mill and Plantation Company created under Robert Hind, and managed by his son, John Hind
expanded to run without Honolulu investors. Alone, Hind raised the value of Hawi Mill to well above $3
million, opened the Kohala Ditch, bought Puakea Plantation in the name of Hawi Mill, created the
Homestead Plantation to manage the independent farmers, and made Hawi Mill 45% owner of the
Railway.
Over the years, each plantation treated its laborers as it saw fit. A lack of telephones and reliable
transportation prevented any form of supervision. But as Hawaii moved towards annexation and
ultimately statehood, American standards came to influence immigration laws and employer-employee
relationships. New government officials demanded better conditions. Early pressures to change labor
practices did not affect isolated Kohala too much. "While some have been making history, others have
48 Kohala Midget, November 27, 1912
49 Kohala Midget, March 15, 1916
19
been making sugar. New Japanese workers fiercely resisted abuse and organized resistance was in the
air"so
Kohala's employers, like those of other plantations, tried to bridge the gap with higher wages and some
entertaining activities. A happy work force might not go on strike. To avert a major change, they offered
organized picnics, a gym, a new recreational area, official Christmas parties, and movies. At onetime
there were five movie theaters in Kohala. Unions did eventually come into the picture, with strikes and
agreements in the end. WWII loosened the rigid hierarchy of Kohala Sugar Company. Mahukona Harbor
closed at the outbreak of the war. The railroad that used to carry sugar, freight, and passengers to the
harbor lay abandoned. Thousands of miles away, President Roosevelt signed a bill allowing unions to
fight for workers' rights. The Democratic Party in Hawaii rapidly gained control. During the war, no one
had time or energy to work on labor issues. However, when peace returned, ethnic labor groups
retuned full force to their concerns, this time uniting plantation workers of all backgrounds. The first
strike in 1946 and lasted 69 days.
Gradually, mobility increased and mechanization left more time for leisure. The mechanization of sugar
resulted in the reduction of hard labor needs. In 1937, 2,400 employees were needed to run the mill. In
1949, it was reduced to 800 employees and in 1964, it was further reduced to 660 employees. Sugar
remained the main economic force in Kohala until 1971, when the US subsidization of sugar prices
ended, and Castle and Cooke decided to halt production at Kohala in 1975. "The difficult decision to halt
production at Kohala was reached after thorough studies indicated the futility of making the operation
even reasonably profitable."51 Governor John Burns responded by establishing a 12 -member Task Force
to identify and support potential new businesses in Kohala. Castle and Cooke noted that it would not
abandon Kohala's employees and "The Kohala phase-out will be gradual and the company will assist the
516 employees there in finding new employment." SZ By 1975, four Task Force —sponsored businesses
labored to grow and created jobs: Kohala Plastics Industries, a manufacturer of drip irrigation
components; Orchids Pacifica; Hawaii Biogenics, a feedlot corn -growing operation independent of
Kohala's earlier attempt; and Kohala Nursery. The Kohala sugar mill closed in 1975. The company kept
201 employees to shut operations down.
Kohala Nursery was the only start-up to survive from the Task Force. The new Mauna Kea Beach Hotel
employed 625 people, more than half commuted from Kohala. The Task Force enterprises provided
short opportunities, and did encourage residents to remain in North Kohala. Kamehameha Park was
improved to include tennis courts, a swimming pool and a gymnasium. It was an effort to instill new life
and pride. "Kohala learned to consider its past as an asset for an unexpected new industry, tourism.
Visitors, Kohala discovered, love the history of plantation towns. Visitors, indeed, started to fill the
brand-new resorts in Kona and South Kohala, providing jobs." 13
so Hawaiian Gazette, 1893
11 Castle & Cooke, Annual Report 1971, ad found in Kohala Aina.
52 Ibid
53 Kohala Aina, 179
20
Federal, State and Local Planning
This next section focuses on the present day, and the proposals that have been set within the planning
documents for North Kohala and the Island of Hawaii.
Hca Kahakai iNational Historic -rail
The Ala Kahakai National Historic Trail (NHT) was established in 2005 with the statement of purpose fie:
• To preserve, protect, reestablish as necessary, and maintain a substantial portion of the ancient
coastal ala loa (long coastal trail) and associated resources and values, along with linking trails
on or parallel to the shoreline on Hawai'i Island.
• To provide for a high quality experience, enjoyment, and education — guided by Native Hawaiian
protocol and etiquette —while protecting the trail's natural and cultural heritage and respecting
private and community interest.
The trail extends approximately 175 miles from 'Upolu Point, which is included within a portion of
the ROW, down the Kona Coast and around South Point to the eastern boundary of Hawai'i
Volcanoes National Park. The National Park Service (NPS) administers the Ala Kahakai NHT. In 2009,
a Comprehensive Management Plan (CMP) was completed, with community engagement and input,
to establish the management guidelines needed to "fulfill the preservation and public use goals for
the Ala Kahakai NHT for the approximately 15 -years (2009-2023)."54 As the railroad ROW includes
the section from 'Upolu to Mahukona Beach Park, there are opportunities to collaborate and
support efforts to further this project.
As a result of community engagement with the development of the CMP, there was a strong
community vision that is important to consider. Communities along the route of the trail, which
includes a portion of the railroad ROW, expressed their desire for the Ala Kahakai NHT 55 to:
• Preserve ancient and historic trails within the corridor and tell the stories of those who use
them
• Provide access to practice traditional lifestyles and malama 'aina (care for the land)
• Protect sacred sites, historic places, and natural areas
• Become a living classroom for educating Hawai'i's people and visitors.
• Offer opportunities for community partnerships based on the ahupua'a concept.
• Create safe and well -kept places for spiritual, cultural, and recreational practices
• Unite local communities around common goals to preserve Hawai'i's culture and
environment.
When a national trail is designated under the NPS System, it includes the significance of the site and the
rational as to why this is so important to preserve and protect. The Significance statement identifies that
the Ala Kahakai NHT contains the oldest and best remaining examples of the ancient ala loa, the major
54 From the Ala Kahakai National Historic Trail Comprehensive Management Plan, referenced from
https://www.nps.gov/alka/learn/management/upload/ALKA CMP low-resolution.pdf
55 From the Ala Kahakai National Historic Trail Comprehensive Management Plan, referenced from
https://www.nps.gov/alka/learn/management/upload/ALKA CMP low-resolution.pdf
21
land route connecting the reaches of the coastal settlement zone of ahupua'a on the island of Hawai'i."
The trail will preserve, protect and interpret " preserved and walkable remnants or the preserved
alignment of ancient and historic trails, and sites, features or places of significance situated along or
connected by those remnants or along the alignment. As such, it seems that there is a connection to the
trail, from Upolu point to Mahukona, where it could be interpreted as an important part of Hawaiian
history, as the influence and change it represented, as well as brought, to the communities of North
Kohala.
Hawaii Island General Plan
The County of Hawai'i has a General Plan that provides overall guidance to the development of Hawaii
Island. It considers the needs of the entire island, providing general growth strategies to direct future
opportunities related to land use, zoning amendments as well as capital expenditures. The General Plan
"strives to position Hawai'i Island for economic progress while preserving the environment and
strengthening community foundations."57 The first Hawaii County General Plan provided for a 10 year
review process. The information used in this report is from the 2005 Hawaii County General Plan, which
is only now in the review process. The Community Development Plans (CDP) translates the broad
General Plan goals, policies and standards into plans that can be implemented within specific
community areas. The North Kohala CDP includes the North Kohala District of Hawaii Island, bordered by
South Kohala to the south, and Hamakua District to the east. The ocean defines the region' north and
west boarders. The CPD addresses each element found within the General Plan, and generally includes a
combination of land -use amendments, policies, budget, public-private partnership development, and
community-based implementation of activities listed in the plan. The current North Kohala CDP was
written and adopted unanimously after a two-year process by a Steering Committee of volunteer
community members. It was passed by the County Council and signed by the Mayor on November 5,
2008. It was adopted as Ordinance 08-151 through Chapter 16, section 16-2, Hawaii County Code 1983
(2005 Edition, as amended).
North Kohala Community Development Plan
The CPD provides a framework for the community. The North Kohala Community Access Group, formed
through the CDP process as one of several focus groups, has been working consistently to implement
the recommendations within the CDP. The group has met once a month for ten years under the
chairmanship of Ted Matsuda. It provides updates, discusses issues and concerns, and takes action.
Under the guidance of the NKCAG, nine miles of coastal trails and several mauka-makai vehicular access
roads have been added to the district's inventory. Each community in Hawaii County establishes their
own vision and goal as a part of their plan. For North Kohala, the overall GOAL of the North Kohala CDP
is "To manage the future growth of the district in a manner that is consistent with the Kohala lifestyle
and ideals of being a rural community with a strong cultural heritage, an agricultural base, and a small
town feel."
56 ibid
5' Retrieved from http://www.hiplanningdept.com/general-plan/
22
This plan addresses the community's strong desire to implement the recommendations on trails and
access within the CDP. Because of this, it is important to keep the key planning implications related to
Kohala's natural and cultural resources in mind while addressing implementation. The ones that are
relevant to this plan are as follows:
• "Cultural sites and landscapes — Important cultural sites and landscapes, including the entire
Kohala coastline and the mauka kula lands, should be protected."
• The old railroad alignment traverses through numerous areas that contain important cultural
sites and landscapes, and could offer protection and care, by community who have ties to the
land or can be stewards of these important sites.
• "Coastal (makai) resources — Kohala's pristine coastline and abundance of marine life should be
protected from development and be accessible to residents."
• The overall plan looks at pedestrian access along the coastline, with mauka-makai access
integrated into the overall pan. Access to the coastline and marine resources is a key component
of this plan.
• "Open space — The district's large open spaces should be preserved."
• There has been significant progress on the protection of large open spaces along the coastline
and in key areas. This plan supports the continued protection of these special places for public
access, stewardship, and use.
• "Vulnerability to Natural Hazards — Emergency preparedness should be a priority."
One of the key components of a resilient, connected community is to be prepared for natural hazards
when they do occur. The North Kohala community has seen past natural disasters, including a massive
2006 earthquake, and there are efforts to establish Pratt Road as an emergency access road. This plan
supports this intention. In addition, the mauka-makai access trails are key in this overall plan.
In addition to these principals, it should be noted that the trails listed in this plan mirror the CPD, which
includes trails and roads that are/were traditional or have been in existence for many years. The only
exceptions are newly created easements identified by the County as public access as permit
requirements in subdivisions or developments. The trails and accesses listed here are based on
community desires and recommendations and are not necessarily the access ways that have been
negotiated by the County Planning Department in their permit requirements.
Preserved Lands & Progress on the (-UP - Documenting Progress
The CDP includes a coastal trail, mauka-makai trails, an emergency access road, and the old railroad
right-of-way (ROW). The following provide a status of the public lands and access as of the writing of this
document. There has been tremendous progress in securing public lands along the coastline, as
described in the CDP. Two of the four areas recommended for public purchase — Pao'o and Kaiholena -
have been secured. Altogether, the community has played an active part in the preservation from
development of 390 acres of coastal land and raised $20.1 million for the purchases in ten years.
The coastal access trail is listed as "a trail that starts at the beach in PoloIG Valley and follows the
coastline of the district to Kawaihae." The following trails and public lands are discussed every month at
23
the Community Access Group meetings, and the following provides the status at the time of this writing.
(Note: more photos will be added to document these locations, in final doc production)
• PololG Lookout — this area is beyond the extent of the old railroad ROW, but is an important
connection to public trails and access to the coastline. There is an existing paved state highway
that ends at a paved lookout and parking area. This links the trail to and from the bottom of
PololG Valley to the coastline trail along the cliff tops toward Akoakoa Point. The PololG Valley
trail is administered by Na Ala Hele, the state trail system. There have been issues related to
parking and unsafe conditions with the increasing number of visitors to this spot. At the time of
this writing, the community is supporting State Na Ala Hele on their CIP that includes
improvements to the Pololu Lookout. Funds are supporting a survey of state lands at the
lookout area. The state and Surety are in communication on the proposed parking lot land and a
possible reconfiguration of land parcels.
• Niuli'i — Waikama road — there is an existing unpaved road from Akoni Pule Highway at Niuli'i to
the top of Waikama Gulch. There is pedestrian access on an existing trail along the western rim
of the gulch to the coastal trail. The land is now preserved, and is owned by The Kohala Center.
This land includes habitat between Keokea Park and Neue Bay, was listed as high on the
County's Open Space Priority list for six years. In 2016, the owners donated the 48 acres of land
to the Kohala Center, a Waimea -based non-profit dedicated to land stewardship, conservation
of native species and educational activities. This land includes the old railroad turnaround and
defines the end of the line for the railroad. The Kohala Center will be mowing the area to better
assess the features on site. There may have been some land filling in and around the railroad
turnaround. The Kohala Center is looking at relocating hale from the old Kona Village Resort as
suitable structures for having activities on the site.
• Pratt road is seen as a potential emergency access road. There have been several community -
led clean up days to begin to clear the road.
• Keokea County Park Road — an existing paved government road leading through Niuli'i to Keokea
Park. This is existing and will continue to be public access.
• Kapanaia Bay Road —This is an important mauka-makai vehicular access point that ends at a
premier fishing and gathering area for Kohala. There are remnants of trails and rope ladders that
extend down the sides of the cliff to the reef shelf. This was once known for its limu kohu
gathering. At the time of Kamehameha I, surfing was a popular sport in the bay. Fishing and
gathering were, and continue to be, an important activity to preserve. When the Kohala Sugar
Plantation shut down, this access was nearly loss. Land was privatized by fences and gates which
prompted the Native Hawaiian organization Hui Mamalahoa to legally fight for access. As a
result, a court-ordered vehicle access, on an unpaved road, to Kapanai'a and Hapu'u bays was
provided for public use and access (Civil HA -5464 Kohala Corporation v. Ahoi, 1982). It also
included pedestrian access along the cliff shoreline. The shoreline public access trail between
Hapu'u and Kapanaia Bays was formalized in a Grant of Public Access Easement to the County of
Hawaii in February 2013. The roadway is currently owned by the State.
• Hapu'u - The County of Hawaii purchased the first 22 acres using Open Space funding in March
2018. This land includes a very popular fishing site and home of Hale O Ka'ili Heiau, said to have
been built by Kamehameha. Two other parcels on the cliffs, totaling 42.5 acres, are also County
Council approved and awaiting the beginning of negotiations. The Hale O Ka'ili Heiau is in public
24
hands however, there needs to be a management plan to better inform the public and to keep
people from destroying the site. Kohala Lihikai will be applying for stewardship through the
County Maintenance fund.
• Kapanaia — Work has begun to find funding for 85 acres that includes Kapanaia Bay, Kapalama
Heiau and most of Walaohia Gulch. With County Council approval, the County is seeking
matching State Legacy Land Conservation Program funding in 2018-2019. The Hale O' Ka'ili
Heiau is in public hands however, there needs to be a management plan to better inform the
public and to keep people from destroying the site. Kohala Lihikai will be applying for
stewardship through the County Maintenance fund in 2019.
• Halelua - This is a mile and a quarter long stretch of coast and includes the remnants of O'hau
Heiau. The 50.3 acre parcel has ranked high on the County's priority list for purchase for seven
years and is subject to a County Council resolution to purchase. In November 2018 the County
also adopted a Grant of Public Access Easement for a coastal trail.
• Kauhola Lighthouse Road —there has been an existing federal right of way since 1912. This
access is the subject of Subdivisions 7776 & 7776-A. The existing vehicle access from the
lighthouse (swimming pool) east to the cliff top at O'hau. In 2012 the Trust for Public Lands
helped the community raise funds, partly from the Legacy Land Conservation Program to
purchase 28 acres of land on the point. Title of the land is held by the community non-profit
Maika'i Kamakani O Kohala for the people of Kohala.
• 'Ainakea Road — an existing paved County road through 'Ainakea subdivision then extending into
a gated private unpaved road makai in 'Ainakea ahupua'a. There currently is no access into the
private road. However, Grants of Public Access Easement were made in 2014 and 2015 creating
trails along the coast.
• Pahoa Beach —The County issued a Grant of Public Access Easement (GOE) and needs
enforcement action. This has been difficult for the public to use.
• Upolu Airport East — Another area that the County is reviewing to issue a GOE.
• Upolu Airport Restoration —The Power, View Plane, and Soil Erosion Group recently reported to
the NKCDP Action Committee on the success of several erosion control and native re -planting
projects, ongoing since 2013. Additional projects are underway utilizing the help of Kohala High
School students under the guidance of Kohala Lihikai. The property does have old road cobbles
and likely a number of roads, based on the cobbles found (see photos, below).
• Honoipu —The new owners filed for a Special Management Area (SMA) permit to allow them to
renovate the structures on site. The Planning Department has given the t;�X^P-r an exemption
from environmental review, but is calling for a public access plan. It appears that the railroad
row is just outside of the property boundaries. However the old Hoea to Honoipu Road runs
through this property and needs verification. The State Na Ala Hele is interested in the parking
site, and the Ala Kahakai National Historic Trail program is also involved.
25
title search. The State will have to re -survey the trail location, part of which eroded after the
2006 earthquake and the trail alignment will be located to a safer location inland. This is the
historical site of the Honoipu Landing, once controlled by the Hind family.
• Kukuipahu — This is a large swath of land that is currently owned by an investment company and
contains the alignment of the railroad. Access to this property to investigate has not been
granted. The land is subject to a subdivision condition requiring public access, coastal and
mauka-makai, when the property is developed or changed.
Mauka-Makai Trails - Roads from the Community Development Plan that will be included in the mapping
analysis. These roads and trails include:
• Union Market Road — a vehicular public access on an unpaved, private road required by SMA
Use Permit No. 417 and Special Permit No. 1117, Sunderland & Watkins for a retreat on
agricultural land. Access to ocean is restricted to half -mile walking distance. A public access trail
exists along the shoreline of the property.
• Hawi Road — is a vehicular public access extending from the makai end of Hawi Road, a County
paved road, to the rim of Kumakua Gulch and pedestrian access to Pahoa Beach. Access is
provided and listed with Subdivision 7640, Mohammadi. This permits pedestrian access from
Hawi Road to Pahoa Beach with no lateral trail, even though it was a condition of the
subdivision. The owners are under enforcement review by the County. Vehicular access needs
to be extended to shoreline.
• H6'ea Road — a vehicular public access extending from the makai end of H6'ea Road, a paved
County road, to the ocean via a private unpaved road. Current road is gated at the end with no
ocean access. (see photo)
• 'Upolu Road — is a paved government road that extends to the airport on the coast. Vehicle
access on an unpaved road westward to the road between the ahupua'a of'Upolu and Honoipu
(Old Coast Guard Road), including the Mo'okini Heiau and Kamehameha Birthplace, is not
complete. A portion of this road is granted as vehicular lateral access by Subdivision 2000-209
however, there are significant issues that are still in play, see notes below.
• Old Coast Guard Road — is a paved federal right of way to the former Coast Guard Loran station
exists, with issues relating to public access. A parking lot exists at the shoreline. Vehicular
access travels northeast along the old railroad right of way, a government highway prior to 1892
mauka Kohala Hideaways LLC and the Department of Hawaiian Homeland property. Pedestrian
access travels makai to the coastal road at both Mo'okini Heiau and Kamehameha Birth site on
existing trails in Pu'uepa ahupua'a granted by Subdivision 2000-209. This is currently gated.
The County of Hawaii Planning Department provided a letter with the subject: Mo'okini Area
Public Access, October 6, 2008. This letter details concerns from the Planning Department to
DLNR Chair, Mr. Chris Kanazawa, CEO of Parker Ranch, Mr. Neil Hannahs, Director of the Land
Assets Division, Kamehameha Schools, Ms. Momi Lum, Mo'okini Foundation, and Duane
Kanuha, Kohala Preserve Conservation Trust LLC. The letter concerns various public access and
easement issues in North Kohala in the vicinity of the "Old Coast Guard Road", the Mo'okini
Heiau, and the birthplace of Kamehameha the Great. These will be further investigated and
presented in the Mapping section of this report (add page numbers to reference for the final
versions).
The Na Ala Hele program abstractor did a memorandum on the Old Coast Guard Road but it did
not include certain parcels that do appear to be public highway under the Highways Act of 1892.
"The Coast Guard Road is essential for public access to the shoreline in this area. It has been
freely used by the public for decades. The Na Ala Hele program has a shoreline trail which
begins at the Makai end of the Coast Guard Road, within TMK No 5-6-1:74 owned by the State
of Hawaii, and continues along the shoreline south makai of the Puakea Bay Ranch subdivision.
This was established as part of CDUP HA -2625, based on the assumption that there was public
vehicular access to this point via the Coast Guard Road."
27
The Access from Coast Guard Road to Mo'okini Heiau and Kamehameha Birth site is still being
determined. In 2001, Surety Kohala was consolidating and re -subdividing property in this area
and elsewhere in Kohala. The Count of Hawaii Planning Department, acting on the authority,
required that Surety provide public access in the subdivisions. Surety Kohala appealed to the
County Board of Appeals. The County and Surety eventually entered into a Settlement
Agreement, which includes an agreement to grant a 20' wide easement for vehicular access over
the old railroad right-of-way from the Coast Guard Road to the Mo'okini Heiau and the
birthplace of Kamehameha the Great (to the extent that the railroad ROW crossed property
owned by Surety Kohala). The Settlement Agreement also included vehicular access to the
Mo'okini Heiau and the Kamehameha I birth site from the railroad ROW, pedestrian access to
the sea from the Mo'okini Heiau and Kamehameha the Great birth site, and reaffirmed public
access along the shoreline. It also contained a vehicular access from the railroad ROW mauka to
TMK No 5-5-5"03, the Mo'okinin Laukini Heiau, Inc. property.
• Kukuipahu (Parker Ranch subdivision) —vehicular access on an existing paved road in the
Subdivisions 7520, 7521 and 7526 or alongside the property was identified in the CDP. Vehicular
access for the public was not provided in the above subdivisions, but should have been. This site
has outstanding historic and recreational use and was singled out by the CDP for preservation. It
has been on the County Open Space Priority List for purchase eleven times since 2007.
• Kapa'a Park Road — an existing paved County road to the County park.
• Kapa'anui (Mahukona resort) —The CDP calls for public purchase of the 435 Acres, which has
also been on the County Open Space Priority List of eleven years. Preliminary talks have been
help with representatives of the owner, Mahukona LLC, which took over after foreclosure
proceedings in 2012. It is Kohala's primary ocean recreation area and home to hundreds of
historic sites. The old railroad ROW traverses through the property and allows for scenic access
to the coastline and historic sites. The resort's public access plan shows vehicular access on
private subdivision roads in the resort development as a condition of SMA 341, Change of Zone
ordinance 93 109 and Surety Kohala Public Access Plan. The existing public access is court-
ordered over the existing jeep road on the railroad bed. Road is gated on Mahukona end.
• Mahukona — vehicular access on the paved government road to the harbor and Mahukona
County Park. Also vehicular access to shoreline with three parking areas within the Mahukona
Resort as a condition of SMA 341, Change of Zone ordinance 93 109 and Surety Kohala Public
Access Plan. Hui Mamalahoa, a Kohala native Hawaiian organization, successfully fought for and
achieved the existing public lateral vehicular access over the existing jeep road on the railroad
bed (Third Circuit Count Civil # 89-268 (June 4, 1990) Civil #5467 (June 22, 1989), and Civil #5469
(April 14, 1981). The roadway has been gated since 1989. Pedestrian public access has only been
allowed at the discretion of the landowner since 2010. .
Opportunities, Challenges, and Creating Public Trails in North Kohala
This next section of the report includes details on the railroad ROW, and looks at the legal status of the
trail. It will look at current land ownership, easements, and any legal removal of the Railroad ROW from
28
public road or trail opportunities. The Railroad ROW will be broken into components to better analyze
the opportunities. They are broken into segments, as follows:
Segment break out:
1. Mahukona
2. Kukuipahu
3. Puakea/Honoipu
4. Upolu
5. Hoea - Upolu to Pahoa Beach
6. Pahoa
7. Honomakau
8. Ainakea
9. Kauhola to Hapu'u
10. Kapanaia to Niuli'i
29