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Resolve Homelands Issue
POSTED: 01:30 a.m. HST, Nov 08, 2009
Long before Hawaii became a state, Congress established the Hawaiian Homes Commission to set aside public lands for native Hawaiians to apply for residential homesteads. Implementation of the admirable program was abysmal, and a state judge has rightly concluded that intended benefactors deserve monetary compensation for their futile wait.
Circuit Judge Eden Elizabeth Hifo ruled that the state had failed in its responsibility to distribute the land in a timely manner, a neglect that has been realized almost since the inception of the commission, now the state Department of Hawaiian Home Lands. A federal task force recognized the problems in 1983. Only 6,000 of 25,000 beneficiaries on the waiting list have been given homesteads.
The state Legislature agreed in 1991 on an avenue of redress for those who had been denied land by enacting a limited waiver of sovereignt immunity, allowing them to seek compensation through an administrative process, if they did so by 1995.
Only two claims had been satisfied by 1999, when a lawsuit with 2,752 Hawaiians as plaintiffs -- of the 20,000 or so who had been on the waiting list -- was filed, and the state Supreme Court upheld its legitimacy three years ago. The thrust of the high court's 64-page ruling will make any appeal of Hifo's ruling a long shot.
Hifo's ruling came last week at the end of a five-week trial, the first of a two-part proceeding; the second part is to be aimed at determining the amount of compensation. Hifo has suggested instead that a special master be appointed to help determine how claims will be resolved.
Carl Varady, an attorney for the plaintiffs, said it would be "purely speculative" to say how much money will be involved. However, a panel created by the 1999 Legislature estimated that the claims by 47 percent of all the plaintiffs' claims would total $60 million in compensation, so the amount to be determined in court could exceed twice that -- plus the rent paid and the equity lost in the past decade.
The state Attorney General's Office issued a prepared statement that it is "reviewing the decision to determine the appropriate next steps."
The state can only hope that the compensation be paid after it emerges from the current recession, but that may be too much to ask. More than 300 of the plaintiffs have died in the past decade and many of the remaining ones are elderly, so urgency is an issue. So is justice.
ALOHA Kakou, e Hawaii, Every Native Hawaiian should be given a Homestead PAID IN FULL with an Apology Letter signed by President Obama. If not, United States needs to Pull Down their Flag and GO HOME, get out of Hawaii. Long Live the Hawaiian Kingdom, o Pomai
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Need to listen to the real people that have five generations or more on Hawaiian Homes. During Abe's reign of director/commissioner he gave HUD monies to homesteaders for ag and to purchase fee simple lands to meet the needs of the native Hawaiian with 50% plus bloodquantum. We made that decision (I was a tiny baby) only because Hawaiian lands would be too costly to develop and political's played dirty, I believe. Secondly, the people that got land monies settled near Papakolea area around Punchbowl. Lot's more to say, but I can see the you trailing into areas that is typical of Hawaiian Civic Clubber's.
As a child growing up on homestead, I was aware of their 'natalist' programing for the Rockefellar human breeding game and their cone head play games. Your ohana are future players on both sides of the spectrum, so give it some thought. Kaohi
e Ululani, Years ago at a meeting at I mentioned the issue of Tax Exempting Native Hawaiian Homesteaders from paying Tax on their homesteads. I was SHOT DOWN by those REAL PEOPLE of the Hawaiian Homes. Who told me that they were Proud Americans and wanted to pay their Land Tax. I told them that paying their Land Tax to their homesteads had nothing to do with being Proud Americans. That the lands that they live on are the lands of their Homelands. That they do not own their Hawaiian Homes Lands. That if they want to pay Taxes to their homestead lands, then they should pay their Taxes to Department of Hawaiian Home Lands, not to the City Counties. The Hawaiian Homes Commission Act is a federal act passed by Congress and signed into law by the President. The present case of Hawaiian Homes should not have taken over 10 years to go thru the Hawaii Courts. Too many REAL PEOPLE are doing too much, VENTING and perpetuating of the problems. E Ola Mau Ke Aupuni Moi o Hawaii, o Pomai
Mahalo for reposting this. However I disagree with what that writer implies about settling for monetary compensation. Land is an appreciable asset while money has purchasing power which can deflate like how it has been in this depression.
Money???
IMHO land in KHP is MORE valuable than money yet some people are purposefully pushing for monetary compensation instead of on focusing on retaining said land(s.) That is why I have full confidence in people like my cousins who have already helped to restore property rights of Hawaiians in the form of land... not money.
Unfortunately we hardly if ever hear about these people who actually DO things and/or have done things and they did not get money. Instead they got the land that is rightfully theirs which IMHO is more important than millions of dollars because the money may run out eventually whereas the land won't....
ALOHA Kaua, e Lana, As I have said many, many times that every native Hawaiian on the Homestead Waitting List should receive a Homestead PAID IN FULL. The Territory and now the State of Hawaii has had over 80 years to implement the Hawaiian Homestead Act. As a Hawaiian National of the Hawaiian Kingdom nation, I hold the United States accountable to their own laws. Implement their own laws or GO HOME, Get out of Hawaii. The State of Hawaii has the means to implement the Hawaiian Homes Commission Act. Long Live The Hawaiian Kingdom, o Pomai
Ululani > PomaikaiokalaniNovember 8, 2009 at 12:41pm
Aloha kaua e Pomai.
Are you talking about the land and the house too? If so I agree with that and would like to add to it:
No more wood frame houses.
Only block stucco homes to be built. I do not care what excuses they will say (LOL) but supplies can be shipped in like they ship in other supplies.
For my generation... "31 years?!?!?!?!"
FWIW (for what it's worth) the Feds and the "State" have never done the right thing for Hawaiians so I am not holding my breath.... I will never trust them. Just saying.
ALOHA Kaua, e Lana, I'm talking only about the Home being PAID IN FULL. I do not support giving Hawaiian Homestead Lands in FEE SIMPLE Title to anyone. Including native Hawaiians beneficiaries of the Hawaiian Homes Commission Act. Like you I do not trust the FAKE State of Hawaii and the United States. For this Court Case to take over 10 years is in itself a Crime. After all the Hawaiian Homes Commission Act is a federal act. As far as I'm concern the United States does not have enough GOLD to Pay Off the native Hawaiian beneficiaries of the Hawaiian Homes Commission Act. For the record, I am not a native Hawaiian. But as in the past I've always and will always support the native Hawaiians. I see no Justice for our people under the American system. E Ola Mau Ke Aupuni Moi O Hawaii, o Pomai
Replies
Need to listen to the real people that have five generations or more on Hawaiian Homes. During Abe's reign of director/commissioner he gave HUD monies to homesteaders for ag and to purchase fee simple lands to meet the needs of the native Hawaiian with 50% plus bloodquantum. We made that decision (I was a tiny baby) only because Hawaiian lands would be too costly to develop and political's played dirty, I believe. Secondly, the people that got land monies settled near Papakolea area around Punchbowl. Lot's more to say, but I can see the you trailing into areas that is typical of Hawaiian Civic Clubber's.
As a child growing up on homestead, I was aware of their 'natalist' programing for the Rockefellar human breeding game and their cone head play games. Your ohana are future players on both sides of the spectrum, so give it some thought. Kaohi
Mahalo for reposting this. However I disagree with what that writer implies about settling for monetary compensation. Land is an appreciable asset while money has purchasing power which can deflate like how it has been in this depression.
Money???
IMHO land in KHP is MORE valuable than money yet some people are purposefully pushing for monetary compensation instead of on focusing on retaining said land(s.) That is why I have full confidence in people like my cousins who have already helped to restore property rights of Hawaiians in the form of land... not money.
Unfortunately we hardly if ever hear about these people who actually DO things and/or have done things and they did not get money. Instead they got the land that is rightfully theirs which IMHO is more important than millions of dollars because the money may run out eventually whereas the land won't....
~ Lana
Are you talking about the land and the house too? If so I agree with that and would like to add to it:
No more wood frame houses.
Only block stucco homes to be built. I do not care what excuses they will say (LOL) but supplies can be shipped in like they ship in other supplies.
For my generation... "31 years?!?!?!?!"
FWIW (for what it's worth) the Feds and the "State" have never done the right thing for Hawaiians so I am not holding my breath.... I will never trust them. Just saying.
E malama pono ~ Lana
KU LIA I KA NUU, o Pomai