HomeMy WebLinkAboutCOM 0843.012 2010-2012 COMM . e43
Hanalei Fergerstrom September 2, 2012
Na Kupuna Moku 0 Keawe
P.O. Box 951
Kurtistown, OLAA, Hawaii 96760
808 938-9994 -Dc-)
hankhawaiian @yahoo.com =�
-
County Counsel Hawaii Island '
25 Aupuni St
Hilo, Hawaii 4:
Re Resolution 303-12
Na Kupuna Moku 0 Keawe stands in SUPPORT of this initiative
by the County of Hawaii, and its Corporate Counsel to repeal
and effectively abolish HRS 171 " The Public Lands
Development Corporation" in its entirety.
We further request that Hawaii County work in concert with
the other Counties who have already seen that their
constituents voice their disapproval of the Public Lands
Development Corporation.
Na Kupuna Moku 0 Keawe wishes to share its research on the
law an offers to the Hawaii County it finding. Those finding are
attached.
Thank you. Hanalei Fergerstrom
Comm. .. ♦ 2, 2.
Ref. To: _ �
Ref. Date 0 T 1
Hanalei Fergerstrom September 20, 2012
Na Kupuna Moku 0 Keawe
P.O. Box 951
Kurtistown, OLAA, Hawaii 96760
808 938-9994
hankhawaiian @yahoo.com
Regarding: Public Lands Development Corporation
Public and Judicial Notice is hereby given to this board that
the PLDC does not fit anywhere in the 5(f) lands (ceded or
Public lands) of the State of Hawaii Admissions act. Under the
5(f) clause, there are five defined beneficiaries. Those defined
beneficiaries are as follows:
1. (f) The lands granted to the State of Hawaii by subsection
(b)of this section and public lands retained by the United
States under subsections: and and later conveyed to the
State under subsection , together with the proceeds from
the sale or other disposition of any such lands and the
income therefrom, shall be held by said State as a public
trust for the support of the public schools and other public
educational institutions, for the betterment of the conditions
of native Hawaiians, as defined in the Hawaiian Homes
Commission Act, 1920, as amended, for the development of
farm and home ownership on as widespread a basis as
possible for the making of public improvements, and for the
provision of lands for public use. Such lands, proceeds, and
income shall be managed and disposed of for one or more of
the foregoing purposes in such manner as the constitution
and laws of said State may provide, and their use for any
other object shall constitute a breach of trust for which suit
may be brought by the United States. The schools and other
educational institutions supported, in whole or in part out of
such public trust shall forever remain under the exclusive
control of said State; and no part of the proceeds or income
from the lands granted under this Act shall be used for the
support of any sectarian or denominational school, college,
or university.
2. As you can see, there is no other use for these lands but the
public. It is our contention that your attempt to engage in a
private-public corporation violates the provisions of sec 5(f)
of the Admissions Act.
Thank you for your attention to this matter.
Hanalei Fergerstrom