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Kamamaluula News
#ManaoMonday: Lance D. Collins on “Property, Law, and the Courts”
Attorney Lance D. Collins’ lecture focused on land title in Hawaii from a legal perspective. ...Covering topics like Quiet Title, the origin of Adverse Possession, and legal remedy to Crown/Government land injury, his presentation was not only broad, but also in-depth and comprehensive.
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Attorney Lance D. Collins’ lecture focused on land title in Hawaii from a legal perspective. ...Covering topics like Quiet Title, the origin of Adverse Possession, and legal remedy to Crown/Government land injury, his presentation was not only broad, but also in-depth and comprehensive.
See More
9,534 Views
Ken Lawson was live.
Who's the Criminal? Two topics: 1)Since the state can’t prove they own or control the access road (they have no receipts) the Kupuna must be found not guilty!!!...
2) It is a violation of the equal protection clause of the 14th amendment to allow Telescope workers access to Mauna Kea and deny it to Native Hawaiians who seek to hunt or worship on Mauna Kea. #fightlikehell!
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2) It is a violation of the equal protection clause of the 14th amendment to allow Telescope workers access to Mauna Kea and deny it to Native Hawaiians who seek to hunt or worship on Mauna Kea. #fightlikehell!
See More
26,907 Views
Mileka Lincoln
#LATEST (August 31 at 5 PM): A day after state officials claimed the issue of #Maunakea Access Road jurisdiction has been resolved and has been under the contro...l of the state Department of Transportation (DOT) since 2018, homesteader beneficiaries are raising concerns about how the determination was reached — especially by Department of Hawaiian Home Lands (DHHL) officials who have taken a contrary position for decades, including just two weeks ago.
According to state officials, while DHHL owns the land below the road — DOT owns the asphalt. The jurisdication declaration was made by DOT officials yesterday, who in a press release stated that the Maunakea Access Road has been a part of the state highways system since 2018. How that happened is unclear. Why state officials have never made that claim before is also unclear — especially since challenges about the ownership of the summit road have existed for years. Recently, the issue has become a focal point in the ongoing conflict on Maunakea as many of the #ThirtyMeterTelescope opponents — who call themselves kiaʻi (guardians) standing in protection of Maunakea as a sacred Native Hawaiian place — are DHHL beneficiaries.
“Why would a document come out in 2018 to clarify something that was supposedly settled in the 1990ʻs? Itʻs because they always understood from that time that this was never settled,” said Kaleikoa Kaeo, a Waiohuli Maui homesteader and #TMT opposition leader.
On August 14, DHHL Chair William Aila confirmed during a legislative briefing that the state failed to compensate the agency after building the Maunakea Access Road on DHHL property without permission. Under Act 14, a land swap that was supposed to happen about 50 years ago was never executed. Lawmakers say if that's the case, then DHHL still owns the land under the road — which means beneficiaries, as defined by the Hawaiian Homes Commission Act of 1920 have the right to access the area.
“We must remember at all times that the land I’m standing on from Pu’u Huluhulu, up through this road, on both sides of this road, all the way to summit of Maunakea are lands that belong to our people, the lāhui kanaka,” Kaeo asserted — saying the Hawaiian Homes Commission should hold a hearing to allow beneficiaries to decide whether to allow DOT control of the summit road.
Yesterday, the DOT, DHHL, and the Department of the Attorney General issued the following joint statement: “Mauna Kea Access Road is under the control and jurisdiction of DOT. Pursuant to HRS § 26-19 and HRS Ch. 264, DOT has control and jurisdiction over all state highways and Mauna Kea Access Road is designated to DOT’s State Highway System as Route 210. This includes any portions of the road that cross over DHHL land.”
“State DOT has controlled and maintained Mauna Kea Access Road since it became part of our highways system in 2018,” said DOT Deputy Director Ed Sniffen. “Prior to that time, sections of the road situated on Hawaiian home lands were maintained by the County of Hawai‘i pursuant to a Memorandum of Agreement (MOA) between DHHL and the County of Hawai‘i,” the joint statement went on to say.
“Beneficiaries of the Hawaiian Homes Commission Act of 1920 do not own Mauna Kea Access Road. Act 14 (1995) resolved all claims concerning the use of Hawaiian home lands for public roads and highways built before and after statehood. In response to concerns that some compensation remains outstanding, DHHL and the Department of Land and Natural Resources (DLNR) have been working together to evaluate the terms of compensation and to confirm that it has been made in full. This process, however, does not alter the fact that all claims regarding use of roads and highways crossing DHHL lands have been resolved,” state officials outlined in the statement.
“Act 14 was a historic piece of legislation,” said Hawaiian Homes Commission Chair William J. Aila Jr. “It resolved long-standing claims associated with the use of Hawaiian home lands. We remain committed to seeing the completion of the few remaining items under Act 14, including ensuring that compensation for the use of roads and highways crossing DHHL lands has been received in full,” the joint statement from DOT, DHHL, and the AG went on to say.
“The State is reviewing the compensation issues related to the use of Hawaiian home lands for public roads and highways, and will ensure they have been addressed,” stated Attorney General Clare E. Connors. “The public is reminded that Mauna Kea Access Road is a public road controlled by DOT and that the current blockade is unlawful.”
“At this time, DOT has restricted access on Mauna Kea Access Road to preserve public health and safety, and to carry out its responsibilities under HRS Ch. 264,” the joint statement concluded.
Gov. David Ige rescinded an Emergency Proclamation for the area on July 30 — the same day he announced the state Department of Land and Natural Resources granted the University of Hawai’i a request to extend TMT’s construction permit deadline another two years. The multinational corporation — which has been assured safe passage for its construction crews with state support from National Guard troops, DOCARE officers, and Public Safety sheriff deputies — now has until September 26, 2021 to begin building the controversial telescope.
TMT supporters believe the project will be a great technological advancement that can facilitate unprecedented research and discovery. TMT officials say the nearly $2 billion dollar, 18-story telescope is expected to employ approximately 300 construction workers over the decade it will take to finish building it.
See More“Why would a document come out in 2018 to clarify something that was supposedly settled in the 1990ʻs? Itʻs because they always understood from that time that this was never settled,” said Kaleikoa Kaeo, a Waiohuli Maui homesteader and #TMT opposition leader.
On August 14, DHHL Chair William Aila confirmed during a legislative briefing that the state failed to compensate the agency after building the Maunakea Access Road on DHHL property without permission. Under Act 14, a land swap that was supposed to happen about 50 years ago was never executed. Lawmakers say if that's the case, then DHHL still owns the land under the road — which means beneficiaries, as defined by the Hawaiian Homes Commission Act of 1920 have the right to access the area.
“We must remember at all times that the land I’m standing on from Pu’u Huluhulu, up through this road, on both sides of this road, all the way to summit of Maunakea are lands that belong to our people, the lāhui kanaka,” Kaeo asserted — saying the Hawaiian Homes Commission should hold a hearing to allow beneficiaries to decide whether to allow DOT control of the summit road.
Yesterday, the DOT, DHHL, and the Department of the Attorney General issued the following joint statement: “Mauna Kea Access Road is under the control and jurisdiction of DOT. Pursuant to HRS § 26-19 and HRS Ch. 264, DOT has control and jurisdiction over all state highways and Mauna Kea Access Road is designated to DOT’s State Highway System as Route 210. This includes any portions of the road that cross over DHHL land.”
“State DOT has controlled and maintained Mauna Kea Access Road since it became part of our highways system in 2018,” said DOT Deputy Director Ed Sniffen. “Prior to that time, sections of the road situated on Hawaiian home lands were maintained by the County of Hawai‘i pursuant to a Memorandum of Agreement (MOA) between DHHL and the County of Hawai‘i,” the joint statement went on to say.
“Beneficiaries of the Hawaiian Homes Commission Act of 1920 do not own Mauna Kea Access Road. Act 14 (1995) resolved all claims concerning the use of Hawaiian home lands for public roads and highways built before and after statehood. In response to concerns that some compensation remains outstanding, DHHL and the Department of Land and Natural Resources (DLNR) have been working together to evaluate the terms of compensation and to confirm that it has been made in full. This process, however, does not alter the fact that all claims regarding use of roads and highways crossing DHHL lands have been resolved,” state officials outlined in the statement.
“Act 14 was a historic piece of legislation,” said Hawaiian Homes Commission Chair William J. Aila Jr. “It resolved long-standing claims associated with the use of Hawaiian home lands. We remain committed to seeing the completion of the few remaining items under Act 14, including ensuring that compensation for the use of roads and highways crossing DHHL lands has been received in full,” the joint statement from DOT, DHHL, and the AG went on to say.
“The State is reviewing the compensation issues related to the use of Hawaiian home lands for public roads and highways, and will ensure they have been addressed,” stated Attorney General Clare E. Connors. “The public is reminded that Mauna Kea Access Road is a public road controlled by DOT and that the current blockade is unlawful.”
“At this time, DOT has restricted access on Mauna Kea Access Road to preserve public health and safety, and to carry out its responsibilities under HRS Ch. 264,” the joint statement concluded.
Gov. David Ige rescinded an Emergency Proclamation for the area on July 30 — the same day he announced the state Department of Land and Natural Resources granted the University of Hawai’i a request to extend TMT’s construction permit deadline another two years. The multinational corporation — which has been assured safe passage for its construction crews with state support from National Guard troops, DOCARE officers, and Public Safety sheriff deputies — now has until September 26, 2021 to begin building the controversial telescope.
TMT supporters believe the project will be a great technological advancement that can facilitate unprecedented research and discovery. TMT officials say the nearly $2 billion dollar, 18-story telescope is expected to employ approximately 300 construction workers over the decade it will take to finish building it.
24,422 Views
Kanaeokana
Protecting Mauna Kea, Day 50: How will we be victorious? Kapu Aloha.
---
"Pehea kakou, e lanakila ai? Ma o ka nui o ke aloha e pono ai.
...
---
"Pehea kakou, e lanakila ai? Ma o ka nui o ke aloha e pono ai.
...
How will we be victorious?
By the amount of love that is necessary.
How will we be victorious?
By the amount of love, aloha, that is necessary.
This is the discipline. This is the integrity. This is the path that we will take.
It's not about who of you is the toughest out there. It's really about who of us, together, are the toughest.
This is truly a kakou thing. It will take all of us, together, united, disciplined, with integrity.
Our kupuna have laid the foundation. We will celebrate on Monday, our great Queen, Liliuokalani... onipaa.
Which set the foundation for us. It's not a matter of what they do at this point, as I always say. It doesn't matter what they do, whether they come with 50 police officers, 500, or 1000 of them, with the National Guard.
It really doesn't matter what they do at this point.
All that matters is what we do from now on.
Do we have the discipline and the love, within all of us? That is the question.
Do we love our children and moopuna, to do whatever is necessary in the future, so they will have Hawaii, and places to honor? That is the question.
And our kupuna here have already set the papahana.
They have showed us the way. Kapu Aloha.
Which is a practice of aloha, not just how we will engage with the so called police forces, but also how we engage with one another. That's more important.
For the next two weeks, as I have been saying, these will be the most important weeks of our lives as a lahui.
We know they will come.
Do I hope they will turn away?
Yes I do.
I plead.
I beg the TMT corporation to see us as real human beings.
That we have love, that we are dedicated to protect Mauna a Wakea.
For all the amounts of aloha that is necessary, we will...
And so this is not just for us who are gathered here, because remember this, because when the time comes, we have to...
Even if we see something going on, that bothers us, that gets us agitated...
We've got to reach real deep inside of us, to find that aloha, to remember...
The only way, THE ONLY WAY, we will be victorious, is through Kapu Aloha. Engaging through aloha.
If it means me being dragged out of here by my feet, so be it. That is nothing.
All the pain of the past, and knowing what will be for us in the future, that's a small sacrafice.
But if they have to show their inhumanity by treating us in this way, by coming with the National Guard...
That shows you the power that we have. You've got to realize that.
If they gotta come with the National Guard, that shows you how strong we are.
And our kupuna have tought us.
Ao i ke kaua, Ao no i ka holo.
When you go to battle, the first lesson you learn is how to run. What does it mean?
It means we don't all have to get arrested on the first day either.
I'd rather see a whole bunch of you come back next week, and come back the following week, and come back the following week.
As I say, the TMT must know, that even if they remove every one of us this coming week, we will be back.
Bigger and stronger and more dedicated.
This is how we will be victorious, by the amount of aloha that is necessary.
This is not a one time deal. This is something we gotta dedicate ourselves, you should dedicate yourself, if you feel you will be here, dedicate yourself to Kapu Aloha. To that unity. The true unity. Not unity by the paper, but the unity from our love for this place.
So I'm also speaking to our brothers and sisters outside of here. Our brothers and sisters on Maui, or Kauai, or Oahu, Molokai, Lanai, Kahoolawe.
That they themselves have to stay in Kapu Aloha also... Kapu Aloha is not weak. It's the strongest form of resistence, that's saying, no matter what you do, I love you.
Many of those that will come for us, many will be our own brothers and sisters, but I know one day in the near future when we are victorious, they will be with us on our side.
And even Governor Ige or Mayor Kim, I don't want to hate them, I want them to one day say that they were wrong.
And one day for them to realize, that we are one community.
And they would love us as human beings for who we are.
That is the goal.
But it takes, again, that integrity, as a person, as a lahui, that if they come strong and big, we must raise our courage.
We must raise our aloha. We must raise our determination, to be as strong as possible.
And the greatest weapon that we have, is that of aloha.
This is what the world is watching.
This is what gets them excited. Because they see what's going on here:
A powerful foreign corporation, 1.4 billion dollars, working along with a corrupt system of politicians and corporate intrests, who will try to confuse our people and pretend somehow that we don't know that this is not our road?
We know this is our ala nui.
The top of the mauna, at the top of the summit, where they plan to construct an 18-story building, a telescope. Not our telescope.
That is OUR aina.
We must always remember that.
So if anybody has kuleana to protect and defend this legacy, this aina, it's us.
It's us.
And the question we must ask, 'Hiki?'"
-- Kaleikoa Kaeo
---
PC: Kāko'o Haleakalā
See MoreBy the amount of love that is necessary.
How will we be victorious?
By the amount of love, aloha, that is necessary.
This is the discipline. This is the integrity. This is the path that we will take.
It's not about who of you is the toughest out there. It's really about who of us, together, are the toughest.
This is truly a kakou thing. It will take all of us, together, united, disciplined, with integrity.
Our kupuna have laid the foundation. We will celebrate on Monday, our great Queen, Liliuokalani... onipaa.
Which set the foundation for us. It's not a matter of what they do at this point, as I always say. It doesn't matter what they do, whether they come with 50 police officers, 500, or 1000 of them, with the National Guard.
It really doesn't matter what they do at this point.
All that matters is what we do from now on.
Do we have the discipline and the love, within all of us? That is the question.
Do we love our children and moopuna, to do whatever is necessary in the future, so they will have Hawaii, and places to honor? That is the question.
And our kupuna here have already set the papahana.
They have showed us the way. Kapu Aloha.
Which is a practice of aloha, not just how we will engage with the so called police forces, but also how we engage with one another. That's more important.
For the next two weeks, as I have been saying, these will be the most important weeks of our lives as a lahui.
We know they will come.
Do I hope they will turn away?
Yes I do.
I plead.
I beg the TMT corporation to see us as real human beings.
That we have love, that we are dedicated to protect Mauna a Wakea.
For all the amounts of aloha that is necessary, we will...
And so this is not just for us who are gathered here, because remember this, because when the time comes, we have to...
Even if we see something going on, that bothers us, that gets us agitated...
We've got to reach real deep inside of us, to find that aloha, to remember...
The only way, THE ONLY WAY, we will be victorious, is through Kapu Aloha. Engaging through aloha.
If it means me being dragged out of here by my feet, so be it. That is nothing.
All the pain of the past, and knowing what will be for us in the future, that's a small sacrafice.
But if they have to show their inhumanity by treating us in this way, by coming with the National Guard...
That shows you the power that we have. You've got to realize that.
If they gotta come with the National Guard, that shows you how strong we are.
And our kupuna have tought us.
Ao i ke kaua, Ao no i ka holo.
When you go to battle, the first lesson you learn is how to run. What does it mean?
It means we don't all have to get arrested on the first day either.
I'd rather see a whole bunch of you come back next week, and come back the following week, and come back the following week.
As I say, the TMT must know, that even if they remove every one of us this coming week, we will be back.
Bigger and stronger and more dedicated.
This is how we will be victorious, by the amount of aloha that is necessary.
This is not a one time deal. This is something we gotta dedicate ourselves, you should dedicate yourself, if you feel you will be here, dedicate yourself to Kapu Aloha. To that unity. The true unity. Not unity by the paper, but the unity from our love for this place.
So I'm also speaking to our brothers and sisters outside of here. Our brothers and sisters on Maui, or Kauai, or Oahu, Molokai, Lanai, Kahoolawe.
That they themselves have to stay in Kapu Aloha also... Kapu Aloha is not weak. It's the strongest form of resistence, that's saying, no matter what you do, I love you.
Many of those that will come for us, many will be our own brothers and sisters, but I know one day in the near future when we are victorious, they will be with us on our side.
And even Governor Ige or Mayor Kim, I don't want to hate them, I want them to one day say that they were wrong.
And one day for them to realize, that we are one community.
And they would love us as human beings for who we are.
That is the goal.
But it takes, again, that integrity, as a person, as a lahui, that if they come strong and big, we must raise our courage.
We must raise our aloha. We must raise our determination, to be as strong as possible.
And the greatest weapon that we have, is that of aloha.
This is what the world is watching.
This is what gets them excited. Because they see what's going on here:
A powerful foreign corporation, 1.4 billion dollars, working along with a corrupt system of politicians and corporate intrests, who will try to confuse our people and pretend somehow that we don't know that this is not our road?
We know this is our ala nui.
The top of the mauna, at the top of the summit, where they plan to construct an 18-story building, a telescope. Not our telescope.
That is OUR aina.
We must always remember that.
So if anybody has kuleana to protect and defend this legacy, this aina, it's us.
It's us.
And the question we must ask, 'Hiki?'"
-- Kaleikoa Kaeo
---
PC: Kāko'o Haleakalā
9,657 Views
Very interesting how WORDS can either set you FREE, Imprison You OR EMPOWER YOU. Comprehend the Language of Babble and you've comprehended the matrix that blinds you. FREE YOUR MIND.
Sonia Tapu
i was reading -
U.S. SUPREME COURT
I don’t know if people read anymore but I’ll take a chance here.
...
U.S. SUPREME COURT
I don’t know if people read anymore but I’ll take a chance here.
...
I was curious to read what the U.S. Government Supreme Court already determined regarding Native Hawaiian Land Rights and so I looked it up and decided to take out the section which seemed the most relevant at this time.
Whether you agree or disagree is moot the question has already been answered and highly unlikely that anytime in the future this decision will be altered or changed.
In 1993, Congress’ joint Apology Resolution “apologize[d]” for this country’s role in overthrowing the Hawaiian monarchy, §1, and declared that nothing in the resolution was “intended to serve as a settlement of any claims against the United States,” §3.
The Apology Resolution did not strip Hawaii of its sovereign authority to alienate the lands the United States held in absolute fee and granted to the State upon its admission to the Union.
Pp. 7–12.
a.Neither of the resolution’s substantive provisions justifies the judgment below.
The first such provision’s six verbs—i.e., Congress “acknowledge[d] the historical significance” of the monarchy’s overthrow, “recognized and commended efforts of reconciliation” with native Hawaiians, “apologized to them” for the overthrow, “expressed the commitment to acknowledge the overthrow’s ramifications,” and “urge[d] the President to also acknowledge those ramifications,” §1—are all conciliatory or precatory.
This is not the kind of language Congress uses to create substantive rights, especially rights enforceable against the co-sovereign States.
See, e.g., Pennhurst State School and Hospital v. Halderman, 451 U. S. 1, 17– 18.
The resolution’s second substantive provision, the §3 disclaimer, by its terms speaks only to those who may or may not have “claims against the United States.”
The State Supreme Court, however, read §3 as a congressional recognition—and preservation—of claims against Hawaii.
There is no justification for turning an express disclaimer of claims against one sovereign into an affirmative recognition of claims against another.
Pp. 8–10. (b)
The State Supreme Court’s conclusion that the 37 “whereas” clauses prefacing the Apology Resolution clearly recognize native Hawaiians’ “un-relinquished” claims over the ceded lands is wrong for at least three reasons.
First, such “whereas” clauses cannot bear the weight that the lower court placed on them.
See, e.g., District of Columbia v. Heller, 554 U. S. n. 3.
Second, even if the clauses had some legal effect, they did not restructure Hawaii’s rights and obligations, as the lower court found.
“Repeals by implication are not favored and will not be presumed unless the intention of the legislature to repeal is clear and manifest.”
National Assn. of Home Builders v. Defenders of Wildlife, 551 U. S. 644,
The Apology Resolution reveals no such intention, much less a clear and manifest one.
Third, because the resolution would raise grave constitutional concerns if it purported to “cloud” Hawaii’s title to its sovereign lands more than three decades after the State’s admission to the Union,
see, e.g., Idaho v. United States, 533 U. S. 262, 280, n. 9,
The Court refuses to read the non-substantive “whereas” clauses to create such a “cloud” retroactively,
see, e.g., Clark v. Martinez, 543 U. S. 371, 381– 382. Pp. 10–12. 117 Haw. 174, 177 P. 3d 884, reversed and remanded.
- mahalo Manu.
See MoreWhether you agree or disagree is moot the question has already been answered and highly unlikely that anytime in the future this decision will be altered or changed.
In 1993, Congress’ joint Apology Resolution “apologize[d]” for this country’s role in overthrowing the Hawaiian monarchy, §1, and declared that nothing in the resolution was “intended to serve as a settlement of any claims against the United States,” §3.
The Apology Resolution did not strip Hawaii of its sovereign authority to alienate the lands the United States held in absolute fee and granted to the State upon its admission to the Union.
Pp. 7–12.
a.Neither of the resolution’s substantive provisions justifies the judgment below.
The first such provision’s six verbs—i.e., Congress “acknowledge[d] the historical significance” of the monarchy’s overthrow, “recognized and commended efforts of reconciliation” with native Hawaiians, “apologized to them” for the overthrow, “expressed the commitment to acknowledge the overthrow’s ramifications,” and “urge[d] the President to also acknowledge those ramifications,” §1—are all conciliatory or precatory.
This is not the kind of language Congress uses to create substantive rights, especially rights enforceable against the co-sovereign States.
See, e.g., Pennhurst State School and Hospital v. Halderman, 451 U. S. 1, 17– 18.
The resolution’s second substantive provision, the §3 disclaimer, by its terms speaks only to those who may or may not have “claims against the United States.”
The State Supreme Court, however, read §3 as a congressional recognition—and preservation—of claims against Hawaii.
There is no justification for turning an express disclaimer of claims against one sovereign into an affirmative recognition of claims against another.
Pp. 8–10. (b)
The State Supreme Court’s conclusion that the 37 “whereas” clauses prefacing the Apology Resolution clearly recognize native Hawaiians’ “un-relinquished” claims over the ceded lands is wrong for at least three reasons.
First, such “whereas” clauses cannot bear the weight that the lower court placed on them.
See, e.g., District of Columbia v. Heller, 554 U. S. n. 3.
Second, even if the clauses had some legal effect, they did not restructure Hawaii’s rights and obligations, as the lower court found.
“Repeals by implication are not favored and will not be presumed unless the intention of the legislature to repeal is clear and manifest.”
National Assn. of Home Builders v. Defenders of Wildlife, 551 U. S. 644,
The Apology Resolution reveals no such intention, much less a clear and manifest one.
Third, because the resolution would raise grave constitutional concerns if it purported to “cloud” Hawaii’s title to its sovereign lands more than three decades after the State’s admission to the Union,
see, e.g., Idaho v. United States, 533 U. S. 262, 280, n. 9,
The Court refuses to read the non-substantive “whereas” clauses to create such a “cloud” retroactively,
see, e.g., Clark v. Martinez, 543 U. S. 371, 381– 382. Pp. 10–12. 117 Haw. 174, 177 P. 3d 884, reversed and remanded.
- mahalo Manu.
231 Views
Breaking news
FYI: Kahele responds to the question/statement (on his page):
"Kaiali'i Kahele - Ryan Pettit: what did we expect the State to say? Did we really think the State would admit they dont have jurisdiction & are in breach of Act 14? The reality is that only the Secretary of the Interior can approve a DHHL requested land exchange involving trust lands. 24 years later no such land exchange has taken place. Until that happens with DOI approval the State DOT cannot clai...m jurisdiction over the Maunakea Observatory Road. The State cannot impose its laws (the HRS) over Federal Laws (the HHCA) without DOI or Congressional approval. Trust beneficiaries have every right to question the States jurisdiction & challenge the States interpretation.
Lets also not forget the State had 24 years to address this & clearly there has been no sense of urgency until now. Thats not the beneficiaries fault, thats a failure of the State & DHHL to follow its own laws."
See More
FYI: Kahele responds to the question/statement (on his page):
"Kaiali'i Kahele - Ryan Pettit: what did we expect the State to say? Did we really think the State would admit they dont have jurisdiction & are in breach of Act 14? The reality is that only the Secretary of the Interior can approve a DHHL requested land exchange involving trust lands. 24 years later no such land exchange has taken place. Until that happens with DOI approval the State DOT cannot clai...m jurisdiction over the Maunakea Observatory Road. The State cannot impose its laws (the HRS) over Federal Laws (the HHCA) without DOI or Congressional approval. Trust beneficiaries have every right to question the States jurisdiction & challenge the States interpretation.
Lets also not forget the State had 24 years to address this & clearly there has been no sense of urgency until now. Thats not the beneficiaries fault, thats a failure of the State & DHHL to follow its own laws."
See More
MAUNA KEA ACCESS ROAD: Update - DOT makes a statement to coincide with AG/DHHL (link below). This is what caught my attention (DOT states "control" of the acce...ss road since 2018? 🤔)
Additionally, DOI did not sign off, as required (for the "land swap"):
https://www.bigislandvideonews.com/…/state-issues-joint-s…/…
“State DOT has controlled and maintained Mauna Kea Access Road since it became part of our highways system in 2018,” said DOT Deputy Director Ed Sniffen. “Prior to that time, sections of the road situated on Hawaiian home lands were maintained by the County of Hawai‘i pursuant to a Memorandum of Agreement (MOA) between DHHL and the County of Hawai‘i.”
See Morehttps://www.bigislandvideonews.com/…/state-issues-joint-s…/…
“State DOT has controlled and maintained Mauna Kea Access Road since it became part of our highways system in 2018,” said DOT Deputy Director Ed Sniffen. “Prior to that time, sections of the road situated on Hawaiian home lands were maintained by the County of Hawai‘i pursuant to a Memorandum of Agreement (MOA) between DHHL and the County of Hawai‘i.”
Yes time for the State of Hawai’i and TMT Leadership to throw in the towel. #MaunaMajority
Arrests, clearing road may not be enough to move TMT project forward
By Kevin Dayton
...Continue Reading
Arrests, clearing road may not be enough to move TMT project forward
By Kevin Dayton
...Continue Reading
According to the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and the Calls of Action of the Truth and Reconciliation Commission of Canada, Canada and the TMT consortium have a duty to respect the wishes of the protectors, along with Indigenous peoples’ rights, wherever we pursue astronomical discovery. The astronomy community should therefore halt construction, listen to the protectors and support those protesters who have been arrested.
If the consortium is not willing to step back, then Canada must remove itself from the project as part of its commitment to UNDRIP. Otherwise, we continue to support a culture that does not respect the right of self-determination and is not inclusive of Indigenous peoples.
If the consortium is not willing to step back, then Canada must remove itself from the project as part of its commitment to UNDRIP. Otherwise, we continue to support a culture that does not respect the right of self-determination and is not inclusive of Indigenous peoples.
MAUNA KEA ACCESS ROAD: Update - DOT makes a statement to coincide with AG/DHHL (link below). This is what caught my attention (DOT states "control" of the access road since 2018? 🤔)
Additionally, DOI did not sign off, as required (for the "land swap"):
https://www.bigislandvideonews.com/…/state-issues-joint-s…/…
...
Additionally, DOI did not sign off, as required (for the "land swap"):
https://www.bigislandvideonews.com/…/state-issues-joint-s…/…
...
“State DOT has controlled and maintained Mauna Kea Access Road since it became part of our highways system in 2018,” said DOT Deputy Director Ed Sniffen. “Prior to that time, sections of the road situated on Hawaiian home lands were maintained by the County of Hawai‘i pursuant to a Memorandum of Agreement (MOA) between DHHL and the County of Hawai‘i.”
See More
WHY HAWAIIANS ARE NOT IMPORTANT TO HAWAI`I - FreeHawaiiTV.com
#MaunaKea #HawaiiFakeState #TMT #PuuHuluhulu #FreeHawaii #HawaiianKingdom #KoaniFoundation #FreeHawaiiBroadcastingNetwork #EhuKekahuCardwell
#MaunaKea #HawaiiFakeState #TMT #PuuHuluhulu #FreeHawaii #HawaiianKingdom #KoaniFoundation #FreeHawaiiBroadcastingNetwork #EhuKekahuCardwell
youtube.com
http://FreeHawaiiTV.com - So You Think Hawaiians Are Important To…
My new favorite mele Lāhui. Performed by Malie Lyman @malielyman “E Ku’u Lāhui Ē”
1,175 Views
Healani Sonoda-Pale is with Misi Piki.
My new favorite mele Lāhui. Performed by Malie Lyman @malielyman
“E KU’U LĀHUI Ē” composed by Kumu Hina Wong & Josh Tatofi
E WELO MAU LOA KUU HAE ALOHA
...
“E KU’U LĀHUI Ē” composed by Kumu Hina Wong & Josh Tatofi
E WELO MAU LOA KUU HAE ALOHA
...
I KA NUU O KA LEWA LANI LA
A E MALUHIA NO NA KAU A KAU
EŌ HAWAII KUU AINA ALOHA
E KUU LAHUI E
E WIWOOLE E
KŪ KANAKA E
ONIPAA MAU
UA MAU KE EA O KA AINA I KA PONO
See MoreA E MALUHIA NO NA KAU A KAU
EŌ HAWAII KUU AINA ALOHA
E KUU LAHUI E
E WIWOOLE E
KŪ KANAKA E
ONIPAA MAU
UA MAU KE EA O KA AINA I KA PONO
2,178 Views
Mikilani Young is with Hank Fergerstrom and 36 others.
Mahalo Kumeyaay and Winnemum Wintu Ohana for Unifying!!! Last night was so magical!!! The Aloha that was shared and embraced was beyond words... From the Mauna ...Kea Ohana we love you so dearly... Now this is how unity is done!!!
#UnitedInPrayer
#UnitedInAction
#KumeyaayNation
#WinnememWintuNation
#BringTheSalmonHome
#WeAreMaunaKea
#KuKiaiMauna
#KapuAloha
#TogetherWeRise
See More#UnitedInAction
#KumeyaayNation
#WinnememWintuNation
#BringTheSalmonHome
#WeAreMaunaKea
#KuKiaiMauna
#KapuAloha
#TogetherWeRise
-0:58
Click for more
2,216 Views
Kapali Keahi Music
#Repost from Damian Marley.
I recently visited Hawaii where people have come together to protect their sacred land at #MaunaKea, the tallest mountain in the wor...ld from base to peak. Ironically, while the people in Hawaii are trying to protect their sacred land from allowing the world’s largest telescope (costing $1.4 billion) to be built on top of Mauna Kea; we in Jamaica are trying to protect our nation’s land from bauxite mining companies expanding into Cockpit Country. Mining these areas would remove forest cover, block and pollute waterways, displace residents, threaten agricultural livelihoods, compromise air quality and threaten the health and well-being of thousands of Jamaican citizens. In the late 1700’s, Maroons who had escaped from plantations used this difficult territory to build communities outside of government control to free themselves of slavery. Click the link in my bio to watch the full video and please show your support for these two important movements #ProtectMaunaKea#CockPitCountry🎥 @bpleasel @mochilla
I recently visited Hawaii where people have come together to protect their sacred land at #MaunaKea, the tallest mountain in the wor...ld from base to peak. Ironically, while the people in Hawaii are trying to protect their sacred land from allowing the world’s largest telescope (costing $1.4 billion) to be built on top of Mauna Kea; we in Jamaica are trying to protect our nation’s land from bauxite mining companies expanding into Cockpit Country. Mining these areas would remove forest cover, block and pollute waterways, displace residents, threaten agricultural livelihoods, compromise air quality and threaten the health and well-being of thousands of Jamaican citizens. In the late 1700’s, Maroons who had escaped from plantations used this difficult territory to build communities outside of government control to free themselves of slavery. Click the link in my bio to watch the full video and please show your support for these two important movements #ProtectMaunaKea#CockPitCountry🎥 @bpleasel @mochilla
#protectmaunakea
#maunamajority
#aoletmt
#tmtshutdown
#kapualoha
#kukiaimauna
#kūkiaimauna
#alohaaina
#wearemaunakea
#istandformaunakea#
See More#maunamajority
#aoletmt
#tmtshutdown
#kapualoha
#kukiaimauna
#kūkiaimauna
#alohaaina
#wearemaunakea
#istandformaunakea#
26,920 Views
Mileka Lincoln
#LATEST (August 31 at 5 PM): A day after state officials claimed the issue of #Maunakea Access Road jurisdiction has been resolved and has been under the contro...l of the state Department of Transportation (DOT) since 2018, homesteader beneficiaries are raising concerns about how the determination was reached — especially by Department of Hawaiian Home Lands (DHHL) officials who have taken a contrary position for decades, including just two weeks ago.
According to state officials, while DHHL owns the land below the road — DOT owns the asphalt. The jurisdication declaration was made by DOT officials yesterday, who in a press release stated that the Maunakea Access Road has been a part of the state highways system since 2018. How that happened is unclear. Why state officials have never made that claim before is also unclear — especially since challenges about the ownership of the summit road have existed for years. Recently, the issue has become a focal point in the ongoing conflict on Maunakea as many of the #ThirtyMeterTelescope opponents — who call themselves kiaʻi (guardians) standing in protection of Maunakea as a sacred Native Hawaiian place — are DHHL beneficiaries.
“Why would a document come out in 2018 to clarify something that was supposedly settled in the 1990ʻs? Itʻs because they always understood from that time that this was never settled,” said Kaleikoa Kaeo, a Waiohuli Maui homesteader and #TMT opposition leader.
On August 14, DHHL Chair William Aila confirmed during a legislative briefing that the state failed to compensate the agency after building the Maunakea Access Road on DHHL property without permission. Under Act 14, a land swap that was supposed to happen about 50 years ago was never executed. Lawmakers say if that's the case, then DHHL still owns the land under the road — which means beneficiaries, as defined by the Hawaiian Homes Commission Act of 1920 have the right to access the area.
“We must remember at all times that the land I’m standing on from Pu’u Huluhulu, up through this road, on both sides of this road, all the way to summit of Maunakea are lands that belong to our people, the lāhui kanaka,” Kaeo asserted — saying the Hawaiian Homes Commission should hold a hearing to allow beneficiaries to decide whether to allow DOT control of the summit road.
Yesterday, the DOT, DHHL, and the Department of the Attorney General issued the following joint statement: “Mauna Kea Access Road is under the control and jurisdiction of DOT. Pursuant to HRS § 26-19 and HRS Ch. 264, DOT has control and jurisdiction over all state highways and Mauna Kea Access Road is designated to DOT’s State Highway System as Route 210. This includes any portions of the road that cross over DHHL land.”
“State DOT has controlled and maintained Mauna Kea Access Road since it became part of our highways system in 2018,” said DOT Deputy Director Ed Sniffen. “Prior to that time, sections of the road situated on Hawaiian home lands were maintained by the County of Hawai‘i pursuant to a Memorandum of Agreement (MOA) between DHHL and the County of Hawai‘i,” the joint statement went on to say.
“Beneficiaries of the Hawaiian Homes Commission Act of 1920 do not own Mauna Kea Access Road. Act 14 (1995) resolved all claims concerning the use of Hawaiian home lands for public roads and highways built before and after statehood. In response to concerns that some compensation remains outstanding, DHHL and the Department of Land and Natural Resources (DLNR) have been working together to evaluate the terms of compensation and to confirm that it has been made in full. This process, however, does not alter the fact that all claims regarding use of roads and highways crossing DHHL lands have been resolved,” state officials outlined in the statement.
“Act 14 was a historic piece of legislation,” said Hawaiian Homes Commission Chair William J. Aila Jr. “It resolved long-standing claims associated with the use of Hawaiian home lands. We remain committed to seeing the completion of the few remaining items under Act 14, including ensuring that compensation for the use of roads and highways crossing DHHL lands has been received in full,” the joint statement from DOT, DHHL, and the AG went on to say.
“The State is reviewing the compensation issues related to the use of Hawaiian home lands for public roads and highways, and will ensure they have been addressed,” stated Attorney General Clare E. Connors. “The public is reminded that Mauna Kea Access Road is a public road controlled by DOT and that the current blockade is unlawful.”
“At this time, DOT has restricted access on Mauna Kea Access Road to preserve public health and safety, and to carry out its responsibilities under HRS Ch. 264,” the joint statement concluded.
Gov. David Ige rescinded an Emergency Proclamation for the area on July 30 — the same day he announced the state Department of Land and Natural Resources granted the University of Hawai’i a request to extend TMT’s construction permit deadline another two years. The multinational corporation — which has been assured safe passage for its construction crews with state support from National Guard troops, DOCARE officers, and Public Safety sheriff deputies — now has until September 26, 2021 to begin building the controversial telescope.
TMT supporters believe the project will be a great technological advancement that can facilitate unprecedented research and discovery. TMT officials say the nearly $2 billion dollar, 18-story telescope is expected to employ approximately 300 construction workers over the decade it will take to finish building it.
See More“Why would a document come out in 2018 to clarify something that was supposedly settled in the 1990ʻs? Itʻs because they always understood from that time that this was never settled,” said Kaleikoa Kaeo, a Waiohuli Maui homesteader and #TMT opposition leader.
On August 14, DHHL Chair William Aila confirmed during a legislative briefing that the state failed to compensate the agency after building the Maunakea Access Road on DHHL property without permission. Under Act 14, a land swap that was supposed to happen about 50 years ago was never executed. Lawmakers say if that's the case, then DHHL still owns the land under the road — which means beneficiaries, as defined by the Hawaiian Homes Commission Act of 1920 have the right to access the area.
“We must remember at all times that the land I’m standing on from Pu’u Huluhulu, up through this road, on both sides of this road, all the way to summit of Maunakea are lands that belong to our people, the lāhui kanaka,” Kaeo asserted — saying the Hawaiian Homes Commission should hold a hearing to allow beneficiaries to decide whether to allow DOT control of the summit road.
Yesterday, the DOT, DHHL, and the Department of the Attorney General issued the following joint statement: “Mauna Kea Access Road is under the control and jurisdiction of DOT. Pursuant to HRS § 26-19 and HRS Ch. 264, DOT has control and jurisdiction over all state highways and Mauna Kea Access Road is designated to DOT’s State Highway System as Route 210. This includes any portions of the road that cross over DHHL land.”
“State DOT has controlled and maintained Mauna Kea Access Road since it became part of our highways system in 2018,” said DOT Deputy Director Ed Sniffen. “Prior to that time, sections of the road situated on Hawaiian home lands were maintained by the County of Hawai‘i pursuant to a Memorandum of Agreement (MOA) between DHHL and the County of Hawai‘i,” the joint statement went on to say.
“Beneficiaries of the Hawaiian Homes Commission Act of 1920 do not own Mauna Kea Access Road. Act 14 (1995) resolved all claims concerning the use of Hawaiian home lands for public roads and highways built before and after statehood. In response to concerns that some compensation remains outstanding, DHHL and the Department of Land and Natural Resources (DLNR) have been working together to evaluate the terms of compensation and to confirm that it has been made in full. This process, however, does not alter the fact that all claims regarding use of roads and highways crossing DHHL lands have been resolved,” state officials outlined in the statement.
“Act 14 was a historic piece of legislation,” said Hawaiian Homes Commission Chair William J. Aila Jr. “It resolved long-standing claims associated with the use of Hawaiian home lands. We remain committed to seeing the completion of the few remaining items under Act 14, including ensuring that compensation for the use of roads and highways crossing DHHL lands has been received in full,” the joint statement from DOT, DHHL, and the AG went on to say.
“The State is reviewing the compensation issues related to the use of Hawaiian home lands for public roads and highways, and will ensure they have been addressed,” stated Attorney General Clare E. Connors. “The public is reminded that Mauna Kea Access Road is a public road controlled by DOT and that the current blockade is unlawful.”
“At this time, DOT has restricted access on Mauna Kea Access Road to preserve public health and safety, and to carry out its responsibilities under HRS Ch. 264,” the joint statement concluded.
Gov. David Ige rescinded an Emergency Proclamation for the area on July 30 — the same day he announced the state Department of Land and Natural Resources granted the University of Hawai’i a request to extend TMT’s construction permit deadline another two years. The multinational corporation — which has been assured safe passage for its construction crews with state support from National Guard troops, DOCARE officers, and Public Safety sheriff deputies — now has until September 26, 2021 to begin building the controversial telescope.
TMT supporters believe the project will be a great technological advancement that can facilitate unprecedented research and discovery. TMT officials say the nearly $2 billion dollar, 18-story telescope is expected to employ approximately 300 construction workers over the decade it will take to finish building it.
70,139 Views
No'eau Woo O Brien
"To ask who opposes Hawaiian sovereignty is to ask who benefits from the misery of Native Hawaiians."
Throwback Thursday: In 1988 Haunani-Kay Trask along with ...her sister Mililani participated in a public seminar that focused on the topic of Hawaiian sovereignty. Here Haunani quickly reveals a truth concerning those who are against the idea of Hawaiian sovereignty and what that has to do with our environmental resources.
Throwback Thursday: In 1988 Haunani-Kay Trask along with ...her sister Mililani participated in a public seminar that focused on the topic of Hawaiian sovereignty. Here Haunani quickly reveals a truth concerning those who are against the idea of Hawaiian sovereignty and what that has to do with our environmental resources.
#ʻIkeMatters#KeepTheConversationGoing
Source Material:
Seminar on Hawaiian Sovereignty. UHM Hawaiian Studies Program, VHS; 1988.
See MoreSource Material:
Seminar on Hawaiian Sovereignty. UHM Hawaiian Studies Program, VHS; 1988.
Nicole Naone
That awkward moment when you realize the prosecuting attorney’s son works for TMT’s partners.
https://apnews.com/cb20d4374dd649ffa8194f08beccf57a
KAHEA: The Ha...waiian-Environmental AllianceProtect Mauna KeaPu'uhonua o Pu'uhuluhulu MaunakeaActions For Mauna KeaMauna Kea Protectors at the University of Hawai'i
See More
https://apnews.com/cb20d4374dd649ffa8194f08beccf57a
KAHEA: The Ha...waiian-Environmental AllianceProtect Mauna KeaPu'uhonua o Pu'uhuluhulu MaunakeaActions For Mauna KeaMauna Kea Protectors at the University of Hawai'i
See More
26,920 Views
Mileka Lincoln
#LATEST (August 31 at 5 PM): A day after state officials claimed the issue of #Maunakea Access Road jurisdiction has been resolved and has been under the contro...l of the state Department of Transportation (DOT) since 2018, homesteader beneficiaries are raising concerns about how the determination was reached — especially by Department of Hawaiian Home Lands (DHHL) officials who have taken a contrary position for decades, including just two weeks ago.
According to state officials, while DHHL owns the land below the road — DOT owns the asphalt. The jurisdication declaration was made by DOT officials yesterday, who in a press release stated that the Maunakea Access Road has been a part of the state highways system since 2018. How that happened is unclear. Why state officials have never made that claim before is also unclear — especially since challenges about the ownership of the summit road have existed for years. Recently, the issue has become a focal point in the ongoing conflict on Maunakea as many of the #ThirtyMeterTelescope opponents — who call themselves kiaʻi (guardians) standing in protection of Maunakea as a sacred Native Hawaiian place — are DHHL beneficiaries.
“Why would a document come out in 2018 to clarify something that was supposedly settled in the 1990ʻs? Itʻs because they always understood from that time that this was never settled,” said Kaleikoa Kaeo, a Waiohuli Maui homesteader and #TMT opposition leader.
On August 14, DHHL Chair William Aila confirmed during a legislative briefing that the state failed to compensate the agency after building the Maunakea Access Road on DHHL property without permission. Under Act 14, a land swap that was supposed to happen about 50 years ago was never executed. Lawmakers say if that's the case, then DHHL still owns the land under the road — which means beneficiaries, as defined by the Hawaiian Homes Commission Act of 1920 have the right to access the area.
“We must remember at all times that the land I’m standing on from Pu’u Huluhulu, up through this road, on both sides of this road, all the way to summit of Maunakea are lands that belong to our people, the lāhui kanaka,” Kaeo asserted — saying the Hawaiian Homes Commission should hold a hearing to allow beneficiaries to decide whether to allow DOT control of the summit road.
Yesterday, the DOT, DHHL, and the Department of the Attorney General issued the following joint statement: “Mauna Kea Access Road is under the control and jurisdiction of DOT. Pursuant to HRS § 26-19 and HRS Ch. 264, DOT has control and jurisdiction over all state highways and Mauna Kea Access Road is designated to DOT’s State Highway System as Route 210. This includes any portions of the road that cross over DHHL land.”
“State DOT has controlled and maintained Mauna Kea Access Road since it became part of our highways system in 2018,” said DOT Deputy Director Ed Sniffen. “Prior to that time, sections of the road situated on Hawaiian home lands were maintained by the County of Hawai‘i pursuant to a Memorandum of Agreement (MOA) between DHHL and the County of Hawai‘i,” the joint statement went on to say.
“Beneficiaries of the Hawaiian Homes Commission Act of 1920 do not own Mauna Kea Access Road. Act 14 (1995) resolved all claims concerning the use of Hawaiian home lands for public roads and highways built before and after statehood. In response to concerns that some compensation remains outstanding, DHHL and the Department of Land and Natural Resources (DLNR) have been working together to evaluate the terms of compensation and to confirm that it has been made in full. This process, however, does not alter the fact that all claims regarding use of roads and highways crossing DHHL lands have been resolved,” state officials outlined in the statement.
“Act 14 was a historic piece of legislation,” said Hawaiian Homes Commission Chair William J. Aila Jr. “It resolved long-standing claims associated with the use of Hawaiian home lands. We remain committed to seeing the completion of the few remaining items under Act 14, including ensuring that compensation for the use of roads and highways crossing DHHL lands has been received in full,” the joint statement from DOT, DHHL, and the AG went on to say.
“The State is reviewing the compensation issues related to the use of Hawaiian home lands for public roads and highways, and will ensure they have been addressed,” stated Attorney General Clare E. Connors. “The public is reminded that Mauna Kea Access Road is a public road controlled by DOT and that the current blockade is unlawful.”
“At this time, DOT has restricted access on Mauna Kea Access Road to preserve public health and safety, and to carry out its responsibilities under HRS Ch. 264,” the joint statement concluded.
Gov. David Ige rescinded an Emergency Proclamation for the area on July 30 — the same day he announced the state Department of Land and Natural Resources granted the University of Hawai’i a request to extend TMT’s construction permit deadline another two years. The multinational corporation — which has been assured safe passage for its construction crews with state support from National Guard troops, DOCARE officers, and Public Safety sheriff deputies — now has until September 26, 2021 to begin building the controversial telescope.
TMT supporters believe the project will be a great technological advancement that can facilitate unprecedented research and discovery. TMT officials say the nearly $2 billion dollar, 18-story telescope is expected to employ approximately 300 construction workers over the decade it will take to finish building it.
See More“Why would a document come out in 2018 to clarify something that was supposedly settled in the 1990ʻs? Itʻs because they always understood from that time that this was never settled,” said Kaleikoa Kaeo, a Waiohuli Maui homesteader and #TMT opposition leader.
On August 14, DHHL Chair William Aila confirmed during a legislative briefing that the state failed to compensate the agency after building the Maunakea Access Road on DHHL property without permission. Under Act 14, a land swap that was supposed to happen about 50 years ago was never executed. Lawmakers say if that's the case, then DHHL still owns the land under the road — which means beneficiaries, as defined by the Hawaiian Homes Commission Act of 1920 have the right to access the area.
“We must remember at all times that the land I’m standing on from Pu’u Huluhulu, up through this road, on both sides of this road, all the way to summit of Maunakea are lands that belong to our people, the lāhui kanaka,” Kaeo asserted — saying the Hawaiian Homes Commission should hold a hearing to allow beneficiaries to decide whether to allow DOT control of the summit road.
Yesterday, the DOT, DHHL, and the Department of the Attorney General issued the following joint statement: “Mauna Kea Access Road is under the control and jurisdiction of DOT. Pursuant to HRS § 26-19 and HRS Ch. 264, DOT has control and jurisdiction over all state highways and Mauna Kea Access Road is designated to DOT’s State Highway System as Route 210. This includes any portions of the road that cross over DHHL land.”
“State DOT has controlled and maintained Mauna Kea Access Road since it became part of our highways system in 2018,” said DOT Deputy Director Ed Sniffen. “Prior to that time, sections of the road situated on Hawaiian home lands were maintained by the County of Hawai‘i pursuant to a Memorandum of Agreement (MOA) between DHHL and the County of Hawai‘i,” the joint statement went on to say.
“Beneficiaries of the Hawaiian Homes Commission Act of 1920 do not own Mauna Kea Access Road. Act 14 (1995) resolved all claims concerning the use of Hawaiian home lands for public roads and highways built before and after statehood. In response to concerns that some compensation remains outstanding, DHHL and the Department of Land and Natural Resources (DLNR) have been working together to evaluate the terms of compensation and to confirm that it has been made in full. This process, however, does not alter the fact that all claims regarding use of roads and highways crossing DHHL lands have been resolved,” state officials outlined in the statement.
“Act 14 was a historic piece of legislation,” said Hawaiian Homes Commission Chair William J. Aila Jr. “It resolved long-standing claims associated with the use of Hawaiian home lands. We remain committed to seeing the completion of the few remaining items under Act 14, including ensuring that compensation for the use of roads and highways crossing DHHL lands has been received in full,” the joint statement from DOT, DHHL, and the AG went on to say.
“The State is reviewing the compensation issues related to the use of Hawaiian home lands for public roads and highways, and will ensure they have been addressed,” stated Attorney General Clare E. Connors. “The public is reminded that Mauna Kea Access Road is a public road controlled by DOT and that the current blockade is unlawful.”
“At this time, DOT has restricted access on Mauna Kea Access Road to preserve public health and safety, and to carry out its responsibilities under HRS Ch. 264,” the joint statement concluded.
Gov. David Ige rescinded an Emergency Proclamation for the area on July 30 — the same day he announced the state Department of Land and Natural Resources granted the University of Hawai’i a request to extend TMT’s construction permit deadline another two years. The multinational corporation — which has been assured safe passage for its construction crews with state support from National Guard troops, DOCARE officers, and Public Safety sheriff deputies — now has until September 26, 2021 to begin building the controversial telescope.
TMT supporters believe the project will be a great technological advancement that can facilitate unprecedented research and discovery. TMT officials say the nearly $2 billion dollar, 18-story telescope is expected to employ approximately 300 construction workers over the decade it will take to finish building it.
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