http://hawaii.gov/dlnr/chair/pio/nr/2008/N8-126.pdf

For Immediate Release: October 28, 2008
DLNR CLARIFIES HISTORY,
FUTURE OF ‘AHUPUA‘A ‘O KAHANA STATE PARK
HONOLULU – Following the purchase of the Kahana ahupua‘a by the State in 1970 for park
purposes, the resident families then living in Kahana Valley and members of the surrounding
community joined with the Department of Land and Natural Resources (DLNR) to develop the
unique concept of a "living park" to preserve the natural and cultural landscape of an intact
‘ahupua‘a.
"The department respects the original vision of the living park, and dedication of the many
community members who spent approximately 15 years developing plans to accommodate a
limited number of private residential leases in the park where each lessee provides 25 hours a
month in interpretive services supporting the living park in place of a lease rent," said Laura H.
Thielen, DLNR chairperson
"This agreement struck a balance between the interests of the original valley residents and the
broader public park purpose where educational opportunities would be provided to visitors by
the residents," she said.
"The balance recognized that the number of lots could not increase, otherwise the public park
would eventually become a private subdivision. The families recognized that as their children
grew up, not all of them would be able to remain in the park or build new homes there."
Over time, several adult children honored the agreement and moved out of the valley. Six
families however remained on site without leases in the hope of receiving a lease. When three
leases were defaulted, 28 families applied for new leases, including some of the adult children
and relatives of original tenants who honored the agreement and left the valley but who want to
return.
In March 2008 the Attorney General notified the department there is no legal authority to issue
any new leases.
"While we understand the emotional attachment and history these six families have to this
valley, it would be unfair to penalize the adult children who honored the agreement and moved
out, and it would be unfair to the public to keep increasing the number of lots over time and lose
the public park," said Thielen.
"We will give the six families a bit more time to prepare to move, and we will bring additional
transition service providers this week to provide assistance to help with this transition. I
recognize that up until last summer the families and the department thought there would be an
opportunity to issue three leases, and that the families need more assistance and time to prepare
themselves. We met with the families earlier this year to discuss the decision and brought
service providers to assist them in their move, but I can understand that they were not prepared to
accept the decision at that time. Accordingly we will not move forward with any eviction this
week.
"I have shared my concerns with Representative Meyer and Senator Hee and am willing to sit
down with them again tomorrow. I will also be seeking a meeting with the six families to talk
the matter over with them directly to see if there is any additional assistance the department can
provide. However, I strongly encourage the families to take advantage of the service providers
we are bringing to assist because I have not yet heard a solution that respects the original
agreement, is fair to the adult children and residents who followed that agreement, and protects
public interest in the living park."
DLNR is continuing to work with the Office of Hawaiian Affairs (OHA), Alu Like, Catholic
Charities and others to find transitional services for the six families.
# # #
For more information news media may contact:
Deborah Ward
DLNR Public information specialist
Phone: (808) 587-0320

State Evicting Some Residents From Kahana Valley Cultural Park

Residents say flawed laws hurting those with ancestral ties

KAHANA — After living in Kahana Valley for generations, families that once fought the state for the right to stay there — and won — now face eviction on Monday.

But after 30 years, the living cultural aspect of the park is being questioned and some who once were told they could have a lease are being pushed out. Residents said poor planning by the state Department of Land and Natural Resources and flawed laws are at fault.

Sunny Greer, a Kahana Valley resident who is not being evicted, said failure to comply with Western law and rules is forcing people out and creating a divide-and-conquer atmosphere.

"They want us out," Greer said. "They're picking on each and every one of us until there's not any one of us left. What hurts me is, that for which our ancestors a generation ago worked so hard for, the long-term leases, has now divided us. We're waiting for someone to default (in order to get their lease)."

Greer said the state is trying to use Western law to govern Hawaiian culture, and the two don't mix.

DLNR declined to comment but did provide a written statement about the eviction.

It said six families must leave the park because they do not have residential leases or permits to live there. A law that provided for long-term leases there expired in 1993 and no new leases can be issued, DLNR said. Final notice was posted Wednesday.

"This is in keeping with the public park purpose that would be impacted by an expanded residential subdivision in the park," said Laura H. Thielen, DLNR chairwoman. "With the enactment of Act 5 by the state Legislature in 1987, the state sought to accommodate families with ties to Kahana, but it was not the intent of the state or Legislature to provide housing for all those in future generations.

"If new lots were permitted, ultimately the park would be displaced by a subdivision. We are seeking a balance between the public's use of Kahana as a park with the desire of families to reside here," she said.

lacking a master plan

Many questioned the state's resolve in creating a living park for the public.

Greer said the key to the park's success is a master plan, but the state hasn't created one and did nothing with the one produced by residents in 1985.

"I don't think there was much thought or even much good-faith effort in fulfilling this living aspect of this cultural living park," she said. "There seems to be more emphases on parks and not the living aspect."

Four years ago, the state evicted a family from the shore of Kahana Bay saying it wanted to provide more park space, said Thoran Evans, who is being evicted. But the land is chained off, overgrown with weeds and a dumping ground for trash, Evans said.

DLNR operates the park piecemeal with inconsistent rules that don't seem to apply to everyone equally, he complained.

Evans had been trying to regain a family lease that was under his sister's name. She was unable to get financing and was behind in the number of hours she was required to work, he said. Apparently the state sent her a letter revoking her lease, but she never received it, he said. Evans said that when he called the state, he learned the letter was sitting on someone's desk, never opened.

"I don't understand why they took it away in the beginning," he said. "My family wasn't notified. If we were notified we were in trouble with the lease, we would do whatever is possible to get caught up."

Evans said his family has tried to meet the monthly work requirement but there are few activities to work on. Some families do maintenance to fulfill the requirement, but when his family asked for the same opportunity, it was denied, he said.

"I felt really discriminated against," Evans said. "Our family, no matter what we tried to do, we're just pushed aside for some reason."

Each family is being evicted for various reasons, said Ervin Kahala, who was told in 2000 that he would get a lease, but earlier this year learned that a new interpretation of the law forbids the state from issuing new leases even though he grew up in the valley and has ancestral ties to it.

"I'm not prejudiced but (the state) is using white man's law as an excuse," Kahala said.

Act 5 provisions

The law he referred to is Act 5, adopted by the state Legislature in 1987 that set up the living park concept and provided 31 leases to families who could prove they had a history there. DLNR took six years to finalize the leases but no provisions were made for extended family.

Kahala said he spent thousands of dollars preparing the land, acquiring blueprints and getting paperwork in order. He and Evans said they were both promised leases and there are leases available out of the original 31.

Some 30 people will be evicted, and some residents said their departure will create safety problems. They said many of those affected live in a flood plain in the lower valley where they are the eyes and ears of the community. They live near the entrance and make sure the grass is trimmed and children are visible to drivers.

Charmaine Kahala, Ervin Kahala's sister-in-law who lives in the valley but is not being evicted, said she sent a letter to the state asking it to reconsider its eviction. She predicted the grass would grow long, homeless people would move in, drugs would become an issue and state buildings in the lower section would be subject to vandalism.

"I'm not fighting the eviction," she said, but she wanted assurance that children would be safe. The state did not respond to her letter, she said.

Jessica Wooley, an attorney running as a Democrat for state representative in the 47th District, which includes Kahana, said she also wrote a letter asking the state to hold off on the evictions and to meet with her. Wooley said she had represented another family in the valley and helped them keep their lease.

"I'm sure that the families haven't been perfect, but the way that it's set up right now, it's not workable," she said. "The laws that were passed to deal with the land over there are old and they need to be revised.

"The state pushing forward with eviction right now shows a total lack of compassion and responsibility on the state's part."

Reach Eloise Aguiar at eaguiar@honoluluadvertiser.com.