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R~~?v~ ,.,w Mme---- gY - l. _ ~.z Bye-__--._ _.~:f_ ~ ----~-...e..,~ To: The Hawaii County Council Planning Committee ~ aunty ~ourv,:~i_ Date: June 19, 2002 ~ ~ Welcome! For the past two years there have been many workshops discussing the revision of the County General Plan. The Planning Department held a series of workshops throughout the island gathering input from the public. Testimony from the public at these workshops was overwhelmingly in favor of land designations that serve to conserve our counties coastal resources. The Planning Department and its director have responded to the public in proposing the placement of several sensitive areas on our island into conservation in the new General Plan and we heartily applaud their efforts. Government is mandated to serve the people and we feel the Planning Department has done just that. The placement of the Keopuka Lands adjacent to Kealakekua Bay into conservation is imperative to main- taining the pristine quality and wilderness nature of the bay. Two years ago, thousands of citizens responded to the Draft Environmental Impact Statement for the Keopuka Lands project saying they wanted to see this area protected. Keep Kealakekua Wild is currently conducting a campaign asking citizens to send cards and letters to Mayor Harry Kim in support of the Planning Departments recommendation to save our precious coastlines. Hundreds have responded thus far. The Conservation Zone should encompass all the lands up to the Old Government Road as depicted on the LUPAG maps in the present draft of the plan. Even with this protection the likelihood of destruction of cultural and historical resources is still high. As well, the view plane from Kealakekua Bay will be affected by the presence of homes along the hillside. The land that is proposed for development derives much of its development value due to its proximity to the ocean and the wild open coastline that it proposes to alter forever. Coastal developments use public resources for private profit and there is no recompense available that can make up for the degradation of our coastal and cultural resources. The county must remember that there are no "God given" property rights. Property rights grow out of our legal system that changes over time. Native Hawaiians also have property rights that exist parallel to western-based rights. The U.S. constitution does not provide for a right to develop land for maximum profit. The definitive Su- preme Court rulings have shown that here is only a "taking" when a property owner is deprived of gill economic value of the property. When a buyer purchases a property with the intention of developing it for a profit, that buyer is taking a calculated gamble. Part of that gamble is the inherent risk that the current regulations might be tightened. File No. Ref. ~o: fief. Bate ~U~ ~ L(1(1,[