HomeMy WebLinkAboutCOM 0851.004 2006-2008
OFFICE OF HAWAIIAN AFFAIRS
711 KAPIOLANI BLVD #500
HONOLULU, HAWAII 96813
(808) 594-1888
HAWAI'I COUNTY COUNCIL
COMMITTEE ON FINANCE
25"' SESSION
Bill No. 207
AN ORDINANCE AMENDING CHAPTER 19, ARTICLE 10, HAWAII COUNTY CODE (2005
EDITION, AS AMENDED), ESTABLISHING A REAL PROPERTY TAX EXEMPTION FOR KULEANA
LAND
DATE: December 18, 2007 TIME: 1:30 p.m.
PLACE: SHERATON KEAUHOU BAY RESORT AND SPA, 78-128 Ehukai Street, Kailua-
Kona, Hawaii
Aloha, Chair Yagong and Members. I am Rowena Akana, Trustee-at-Large of the Office of
Hawaiian Affairs. My testimony is in support of Bill No. 207 which would establish a tax
exemption for persons living on Kuleana lands who are descendants of the original owners. Many
Hawaiian families, who have been caring for their Kuleana lands for generations, are now facing
sky-rocketing property taxes because of luxury resorts and shopping malls being built next-door. If
something isn't done soon, more Kuleana lands could fall out of Hawaiian hands.
This issue first came to my attention several years ago when a family came to OHA and
asked that we take custody of their Kuleana land until they were able to save up enough money to
pay off their back taxes.
The history of Kuleana lands is a tragic one. According to Kumu Pono Associates LLC,
Kuleana lands came into existence as a result of the Mahele. In 1848, all land in the Kingdom of
Hawai'i was placed in one of three categories: Crown Lands (for the occupant of the throne);
Government Lands; and Konohiki Lands (Kuleana Act, 1850).
Ownership rights to all lands in the kingdom were "subject to the rights of the native
tenants," those individuals who lived on the land and worked it for their subsistence and the
welfare of the chiefs (Kanawai Hoopai Karaima... (Penal Code} 1850:22). The 1850 resolutions in
"Kanawai Hoopai Karaima no ko Hawaii Pae Aina," authorized the newly formed Land
comm. R M 851.
Ref. To: F'C
Ref. Date _n r 1 R zrtrt~
Committee on Finance Testimony for Bill 207
OHA Trustee Rowena Akana
December 18, 2007
Page 2
Commission to award fee-simple title to all native tenants who occupied and improved any
portion of Crown, Government, or Konohiki lands.
After commoners were granted the opportunity to acquire their own parcels of land through
the Mahele, foreigners were also granted the right to own land in 1850, provided they had sworn
an oath of loyalty to the Hawaiian Monarch. In order to receive their awards from the Land
Commission, the hoa'aina (native tenants) were required to prove that they cultivated the land for
a living. They were not permitted to acquire "wastelands" (e.g. fishponds) or lands which they
cultivated "with the seeming intention of enlarging their lots." Once a claim was confirmed, a
survey was required before the Land Commission was authorized to issue any award.
The lands awarded to the hoa'aina became known as "Kuleana Lands." All of the claims
and awards (the Land Commission Awards or L.C.A.) were numbered, and the L.C.A. numbers
remain in use today to identify the original owners of lands in Hawai'i. By the time of its closure
on March 31, 1855, the Land Commission issued only 8,421 kuleana claims, equaling only
28,658 acres of land to the native tenants (cf. Indices of Awards 1929).
According to the Overview of Hawaiian History by Diane Lee Rhodes, many of the kuleana
lands were later lost. The list of reasons include: (1) Native tenants mostly received lands that
lacked firewood or were too rocky and unsuitable for farming. (2) A number of kuleana were sold
by dishonest land agents before the farmers could get a survey. (3) The land commissioners
delayed getting notices to landholders. (4) Prices were out of reach for commoners. (5) Finally,
foreigners evicted legitimate kuleana owners without due process.
Since most of the Kuleana lands were carved up and taken away or abandoned, the impact
on tax revenues would be extremely minimal so there should be no reason why this legislation
shouldn't pass.
We must put an end to the injustices done to the caretakers of Kuleana lands for the past
150-years once and for all. If something is not done soon, the very last Kuleana lands that have
survived will finally fall out of Hawaiian hands. Protecting what's left of Kuleana Lands will help
preserve Hawai'i's rich history and culture.
Mahalo nui loa for the opportunity to present testimony.