HomeMy WebLinkAboutCOM 0308.001 2010-2012Murashige, Laura
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From: Pat Kahawaiolaa [kcaiprez@gmail.com]
Sent: Wednesday, August 31, 2011 10:07 PM
To: counciltestimony@co.hawaii.hi.us
Subject: Comm 308 (Bill 82)
Attachments: Obj to Bill 82.doc
My testimony Patrick L. Kahawaiolaa
9/1/2011
Page 1 of 1
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Ref. Date SEP 7 1011
Aloha Mr. Yagong and all councilmembers, I am Patrick L. Kahawaiolaa a native
Hawaiian as defined under the Hawaiian Homes Commission Act, 1920 as
amended July 9, 1921 and I OBJECT and seek clarification of an ordinance
being submitted for consideration by the County Council from Public Works
Director Warren Lee, dated August 3, 2011. This ordinance seeks to add "East
Puainako Street, south side, from Pilipaa Street to Ohuohu Street" to Article
10, Division 5 (Parking), Section 24 -280, Schedule 28 (No Parking at anytime),
subsection (c) (South Hilo).
The objections are made because the lands in question are lands set aside by
the Hawaiian Homes Commission Act, 1920 and thus are lands having the status
of Hawaiian Home lands are for use by the beneficiaries of the HHCA, 19120 and
we believe that the Hawaii County codes and ordinances of the Hawaii County
has "no authority and jurisdiction" to restrict its use by ordinances. It would be
contrary to legal opinions which have be rendered back in the early part of
Statehood and theseopinions have stood for over 40 years. The Act clearly
immotes that the exclucive right to uses and restrictions of said trust lands rest
with the Hawaiian Home Commission and in "no other govermental agency ".
Until such time as the Hawaii County Council through its Corporation counsel can
produce the documents seeking and recieving the "consent of the United States"
to now be the "governmental agency" with its permission to dictate land use
issues on lands having the status of Hawaiian Home lands I must object to
enactment of Bill 82.
I can be reached at 808 937 -8217 if further clarification is neccessary.
I humbly remain
Patrick L. Kahawaiolaa
1260 Elama Road
Hilo, HI 96720