State Park In Legal Limbo

While a moratorium on evictions is in force, officials are at a loss to enforce regulations

By Gene Park

POSTED: 01:30 a.m. HST, Jul 23, 2010

In Kahana Valley State Park, fresh taro and sweet potato sprout from a garden adjacent to a road made from dirt and small chunks of cement. Cinder blocks mark grave sites of kupuna. Some trees have been chopped down or burned, their rotten insides exposed.

All result from recent work of residents at the state-owned, 5,280-acre park. They say it constitutes cultural activity by "living off the land" and that they are well within their rights to do so.

"The land is a gift to us," said Pua Kaluhui, 70, who has lived in the area for about 60 years. "In return, we must give it life."

The state Department of Land and Natural Resources is looking into whether the work has altered the park's landscape in violation of lease regulations.

But even if there are violations, the state might have its hands tied in attempting to enforce any rules. A law passed last year placed a two-year moratorium on evictions at the park.

"Once we've concluded our investigation, we will then evaluate what legal course of action we can take," said Deborah Ward, the department's public information specialist.

The state established the area as a living park in 1965, leasing out land to longtime residents in exchange for 25 hours of cultural services each month to benefit the park. Kahana is the state's only designated living park, and was created to protect one of the few intact ahupuaa on the island.

In 2008 the department notified residents of eviction after the state attorney general's office said that no new leases could be granted after 1993.

Last year the Legislature passed the moratorium on evictions and established a living park planning council. The council is required to develop a master plan for the park, including establishing criteria for managing leases. That plan has not yet been finalized.

Gov. Linda Lingle vetoed the bill last year, calling it "special-interest legislation" that would allow the residents to stay in the area even if there were illegal activities. Department of Land and Natural Resources Director Laura Thielen also spoke out against the bill.

"The department asks that the solution be guided by the original purpose for which the valley was purchased: as a public park," said Thielen in testimony last year. "The valley was acquired for the benefit and enjoyment of all, and it is important that, as a public park, the valley should provide a welcoming environment for all who visit."

But lawmakers overrode the veto in special session, and the bill became Act 15.

The department still has authority over use of the park. Any kind of building, digging or activity requires department permission.

State Rep. Jessica Wooley (D, Laie-Haaula-Punaluu), who introduced the bill last year, said she has heard concerns about the work at the park but said she has not seen any violations.

"All the activities have been approved by the community association," Wooley said. "It benefits the park. ... I think the general sense in that community is that they're moving forward."

She said area residents have complained about the ongoing work at the park, but that she wants to hear more specifics as to what the problems may be.

"I don't know who is making the allegations. I was never able to find out," Wooley said. "If that person can explain to me what the issue is, we can talk about it."

In 2008, before the state began the eviction process, there were 28 lessees at the park.

Ervin Kahala, 50, said he was born and raised in the area. The valley's subsistence lifestyle is all he knows, he said. The families there only want to build on their community.

"Because this is a cultural living park, we plan to make a big hale," Kahala said. "When the kids get off the bus, they'll come into this big hale. We'll talk to them about the lifestyle in the valley, and we'll take them into the garden."

He said the residents have only cut or burned down "rubbish trees" not native to the area, or trees that were rotting from the inside.

Metal and plastic debris lay exposed in the clearing where the trees used to be. Kahala says the junk was left by the state years ago.

"They're gonna deny it but they put that there. That's the state's action," Kahala said. "You tell me who's doing the bad things."

Kaluhui said residents there are only doing what they have been taught to do, including burning down trees to "give warmth to the land."

"When your parents are doing, you don't talk, you follow," she said. "Our job is to work the land."