HomeMy WebLinkAboutCOM 0851.009 2006-2008.~,..
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OFFICE OF HAWAIIAN AFFAIRS
711 Rapiolani Boulevard, Suite 500
Honolulu, Hawaii 96813
(808) 594-1888
HAWAII COUNTY COUNCIL
2 Ht° SESSION
Bill No. 207 (Draft 3): AN ORDINANCB AMENDING CHAPTER 19, ARTICLE 10, HAWAI I
COUNTY CODE (2005 EDITION, AS AMENDED), ESTABLISHING A REAL PROPERTY TAX
EXEMPTION E'OR RULEANA LAND.
DATE: January 24, 2008 TII'IIi:8:30 a.m. Council Meeting;
10:30 a.m. on Agenda
PLACE: Hawai~i.COUnty Council, 333 Kilauea Avenue (Ben Franklin
Building), Second Floor, Council Room, Hilo, Hawaii
Aloha, Chair Hoffmann and Members. I am Rowena Akana, Trustee-at-Large
of the Office of Hawaiian Affairs. My testimony is. in support of Bill No.
207 (Draft 3), 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 Hawaii 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 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.
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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.
Bamai'i County Council Testimony for Bill 207 (Draft 3)
OHA Trustee Rowena Akana
January 24, 2008
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 Hawaii. By the time of its closure on March 31, 1855,
the Land Commission issued only 8,921 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. (9) 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.
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