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COUNTY COUNCIL MEETING
DEPARTMENT OF FINANCE
HAUMAKUA LAND SALES
AUGUST 18T`, 2009
RE: TESTIMONY ON DISPOSITION
INVESTIGATION AND FINDINGS
1. Investigation Summary- The TMKs were not made "Public Knowledge" until a week'before
this meeting. However, limited research shows that these lands are directly linked to Mahele
Titles, Alodial Titles, and Aborigine (Kalani o Pu'u).
A. The spread sheet contains some findings with cross reference to the Original Mahele,
Ahupua'a Ownership is available by map. Almost every TMK had some form of Grant.
1) The dates indicate pre-overthrow, prior to 1893, when Grant issuance was legal.
2) Dates marked indicate illegal "Grants" issued after the overthrow, without
consent of rightful owners. Grant names are foreign.
3) Some parcels contain "Dropped" TMKs where the maps were changed, usually an
indicator of a court action, adverse possession or modem quiet title. (Indicated by an "X"over
4) Some TMKs listed for sale contain multiple Grants. -need more time to
investigate each grant name, etc. (TMK 4-7-005:001 Numbers indicate preoverthrow)
5) Reference names are not listed on maps, see HRS requirement for Mahele title to
remain in same name forever.
Some of the Hawaiian names are [ undivided interest et al.]:
PiliGrant#2449-(cl857), Pakaula Grant #2048 (c1856),
Kamaihai Grant #2442,
@ Malama Hae-Mahele Award 4-B
See also Mahi Ha'e
See also the Anue mua on a portion of the Grant Land TMK 4-7-006:005
Kapulena & Kaaukai.
6) That the Probate of each Grant Land must be considered.
7) Victims involved with illegal theft of land have stated that "While Morgan'of the
sugarcane company was allowed to pay off the value of the taxes with a portion of the land, the
Hawaiians did not receive fair treatment whatsoever, and that they were illegally taxed and
where not allowed to pay a portion of equal value to the tax due. It was a form of Genocide."
8) Taxes where never legal because the Mahele does not include any provision
for the County to Tax or Seize the land in leiu of taxes.
9) As requested by P partment of Finance the Sugarcane Lands were leased.
indicated by the "le" after name and number on the maps
10) Notice of Lease Expiration and Proper party Claimant owner to land (Heirs, et al)
i
B. Malice Collins, Title Abstractor for DLNR {Government Grants may involve a Trust }
1) "Grant(s)" by virtue of definition, in contrast to a Kuleana Land, may be the term
used on the map for a GOVERNMENT AHUPUA'A (Some Ahupua'a on the list do have
Prince Lelehoku of the Keeaumoku and Keawe Mauhili.)
2) Grants are deemed as Private Property
3) Each Grant must be researched as to chain of title from the issuance (because of
the issue of the overthrow and what may have occurred in the course of the history of the land)
4) To check the Law of the Land concerning Grant Lands, wherein is so written as
descril)ed to Mahoe to research this and concerning the Law of the Land:
"Section III. It shall in no case be lawful to grant lands in fee simple, within
this kingdom, to aliens, unless the right to such a fee simple shall have been
acquired by an alien, anterior to the passage of this act. Nor shall it be lawful
to make any prospective contract with an alien for the sale of government lands
in fee simple.-
"Section IV. Before replying to any petition for the purchase of lands in fee
simple, the minister of the interior shall take a vote of the privy council thereon,
a majority of whom, approved by the king, shall decide the question of sale or
of contract."
QUESTIONS:
1. What research into title none during "Investigation"- Ahupua'a Ownership considered
2. Does County have expressed permission to tax Grant landowners and take lands in lieu of
taxes to become landowners. f
3. What implications do the Apology Bill concerning the overthrow and GRANT
GOVERNMENT LANDS-RIGHTFUL RETURN vs. illegal sale
4. Grant Owners are also subject to the "To have and hold. above granted lands in fee simple--
-hens and successors forever, subject to the taxes to be from time to time imposed by the
legislative council equally, upon all landed property of the Kingdom." The Great Seal of the
Hawaiian Islands must be attached and signed by the Premier. No where within the Statute Laws
of His Majesty K.amehameha III A.D.19451846 ACTS OF PUBLIC RECOGNITION, AND
THE TREATIES WITTI OTHER NATIONS, VOL. L Hitchcock, Printer, Government Press
1846 does it say that the County is allowed to supercede the Premier or the Privy Council, nor
can they affix the Great Seal to commence any such transfer.
5. The Probate of Naukana, was this researched?
6. Has Mr. Ashida looked into Grant Names? Is he willing to free the lands to their rightful
owners?
Has the Dept. of Finance contacted Mahoe Collins for research into disposition of Ahupua'a
designation (Government, etc) and what chain of title may be, in light of the overthrow and the
Public Law "Apology Bill" for stolen lands.
8. Are Grants issued after the overthrow valid? See also "S-Grants" issued by C. Brewer and
BLNR as overlay in title.