Posted by Pono Kealoha on September 3, 2008 at 3:30am
Molokai Water Action Alert
https://www.youtube.com/watch?v=cFKkfOdiZYUMolokai Ranch has created a water crises on Molokai... they havethreatened to shut down two water systems to their customers. Gov.Lingle responded by raising our water rates 178%. All of the newscoverage have been about the state and Maui County and how theyplanto solve this problem. No one has heard from the people ofMolokai...We can not pay these new rates. We will pay our own way to Oahutotell our story with a press conf. and visits to the PUC, DCCA ANDGOV'S OFFICE.We are sick and tired of Molokai Ranch making our lives miserable.We are looking for support at our press conf. It will be held thisthurs. Sept 4th at the state capitol in conf. room 229. We will goupstairs after the press conf. to the Govs Office. If you have anhour to spare pls. join us at 9:30am for the 10:00am press conf.Please forward this call for support. I have attached our PressRelease which we will send out Tuesday.Walter Ritte
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Posted by Free Hawai`i on September 2, 2008 at 4:00pm
FREEHAWAII.INFOPRESENTSFREE HAWAI`I TVTHEFREE HAWAI`I BROADCASTING NETWORK"MOLOKAI WATER ACTION ALERT"Molokai Residents Are Facing A 178% Increase In Water RatesThey Desperately Need Your SupportWatch & Find Out How You Can HelpRead more…
Posted by Free Hawai`i on September 2, 2008 at 7:30am
“I Lili`uokalani, by the Grace of God and under the Constitution of the Hawaiian Kingdom, Queen, do hereby solemnly protest against any and all acts done against myself and the Constitutional Government of the Hawaiian Kingdom by certain persons claiming to have established a Provisional Government of and for this Kingdom.That I yield to the superior force of the United States of America whose Minister Plenipotentiary, His Excellency John L. Stevens, has caused United States troops to be landed a Honolulu and declared that he would support the Provisional Government.Now to avoid any collision of armed forces, and perhaps the loss of life, I do this under protest and impelled by said force yield my authority until such time as the Government of the United States shall, upon facts being presented to it, undo the action of its representatives and reinstate me in the authority which I claim as the Constitutional Sovereign of the Hawaiian Islands.”Queen Lili`uokalani 1893Read more…
Posted by Keokiomaui on September 1, 2008 at 4:30pm
Aloha nā kupa o Hawai'i nei,Kēia ko'u mana'o wale nō:Just as the so-called annexation of Hawai‘i by joint resolution of the U.S. Congress was their own domestic law, whatever laws they create are their laws, not our laws. We are not bound by foreign laws, including U.S. laws.Even in the unlikely event the Akaka bill becomes U.S. law, it still is their law not ours, and we are not bound by it. But it would show once again, the blatant disregard of the U.S. government of not only international law but their own U.S. constitution as well.What we, nā kupa o ka ‘āina, are bound by is to rise up as a unified people, as citizens (nā kupa) of our Hawaiian nation, and demand that the U.S. abide by international law as well as their own laws, to withdraw their occupation of our nation including the removal of their military forces (we are a neutral nation), and to stop their continuing intentional acts of genocide against our people.We must demand they respect our right to govern ourselves by abiding by Article 2 of the United Nations Charter of which the U.S. government is a co-signatory of their treaty with the U.N. (which they are bound by both international law and their own U.S. constitution).We must continue to educate not only our own citizens but all the people of the world (including their governments) of what has been going on for over 115 years. We must take our case to the international court of public opinion, to the International Court of Justice (the World Court) as well as to the U.S. federal courts that the U.S. government abide by its own laws, its international treaties as well as with international laws.We know they never have honored their agreements, but the whole world needs to know about us. We must spread our message like a virus throughout the World Wide Web until the U.S. has no place left to hide their shame.We are the descendants of the citizens of the Hawaiian Kingdom (our kūpuna) prior to the illegal overthrow and subsequent military and political occupation of the Kingdom since January 16, 1893. Our kūpunaʻs legacy is that we are de facto citizens and Hawaiian subjects by parentage (i.e., jus sanguinis).No laila, it is our duty to support and participate in the Hawaiian Constitutional Convention to re-affirm and update our constitution to reflect our independence and membership in the family of nations in the 21st century.'Onipa'a kākou! He leo wale nō. 'Āmama.
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.. Nick Begich (Part 2 follow up sequel) - Angels STILL Dont Play This HAARP
.. Freeman Perspective - HAARP and CHEMTRAILS - Electromagnetic frequencies unite with clouds of death, Is there a nefarious plan of genocide? Freeman combines HAARP technology with magic and sub-terranian worlds in his award-winning documentary. ,Your world will shift as the surreal nature of chemtrails and HAARP comes into view
**************************************************************************** Weather warfare - Beware the US military’s experiments with climatic warfare, says Michel Chossudovsky ****************************************************************************
Rarely acknowledged in the debate on global climate change, the world’s weather can now be modified as part of a new generation of sophisticated electromagnetic weapons Both the US and Russia have developed capabilities to manipulate the climate for military use
Environmental modification techniques have been applied by the US military for more than half a century US mathematician John von Neumann, in liaison with the US Department of Defense, started his research on weather modification in the late 1940s at the height of the Cold War and foresaw ‘forms of climatic warfare as yet unimagined’
During the Vietnam war, cloud-seeding techniques were used, starting in 1967 under Project Popeye, the objective of which was to prolong the monsoon season and block enemy supply routes along the Ho Chi Minh Trail
The US military has developed advanced capabilities that enable it selectively to alter weather patterns. The technology, which is being perfected under the High-frequency Active Auroral Research Program (HAARP), is an appendage of the Strategic Defense Initiative – ‘Star Wars’ From a military standpoint, HAARP is a weapon of mass destruction, operating from the outer atmosphere and capable of destabilising agricultural and ecological systems around the world
Weather-modification, according to the US Air Force document AF 2025 Final Report, ‘offers the war fighter a wide range of possible options to defeat or coerce an adversary’, capabilities, it says, extend to the triggering of floods, hurricanes, droughts and earthquakes: ‘Weather modification will become a part of domestic and international security and could be done unilaterally, It could have offensive and defensive applications and even be used for deterrence purposes The ability to generate precipitation, fog and storms on earth or to modify space weather… and the production of artificial weather all are a part of an integrated set of [military] technologies’
In 1977, an international Convention was ratified by the UN General Assembly which banned ‘military or other hostile use of environmental modification techniques having widespread, long-lasting or severe effects’ It defined ‘environmental modification techniques’ as ‘any technique for changing – through the deliberate manipulation of natural processes – the dynamics, composition or structure of the earth, including its biota, lithosphere, hydrosphere and atmosphere, or of outer space’
While the substance of the 1977 Convention was reasserted in the UN Framework Convention on Climate Change (UNFCCC) signed at the 1992 Earth Summit in Rio, debate on weather modification for military use has become a scientific taboo. Military analysts are mute on the subject. Meteorologists are not investigating the matter and environmentalists are focused on greenhouse gas emissions under the Kyoto Protocol Neither is the possibility of climatic or environmental manipulations as part of a military and intelligence agenda, while tacitly acknowledged, part of the broader debate on climate change under UN auspices
The HAARP Programme
Established in 1992, HAARP, based in Gokona, Alaska, is an array of high-powered antennas that transmit, through high-frequency radio waves, massive amounts of energy into the ionosphere (the upper layer of the atmosphere) Their construction was funded by the US Air Force, the US Navy and the Defense Advanced Research Projects Agency (DARPA)
Operated jointly by the Air Force Research Laboratory and the Office of Naval Research, HAARP constitutes a system of powerful antennas capable of creating ‘controlled local modifications of the ionosphere’ According to its official website, www. haarp. alaska. edu, HAARP will be used ‘to induce a small, localized change in ionospheric temperature so physical reactions can be studied by other instruments located either at or close to the HAARP site’
But Rosalie Bertell, president of the International Institute of Concern for Public Health, says HAARP operates as ‘a gigantic heater that can cause major disruptions in the ionosphere, creating not just holes, but long incisions in the protective layer that keeps deadly radiation from bombarding the planet’ Physicist Dr Bernard Eastlund called it ‘the largest ionospheric heater ever built’
HAARP is presented by the US Air Force as a research programme, but military documents confirm its main objective is to ‘induce ionospheric modifications’ with a view to altering weather patterns and disrupting communications and radar According to a report by the Russian State Duma: ‘The US plans to carry out large-scale experiments under the HAARP programme [and] create weapons capable of breaking radio communication lines and equipment installed on spaceships and rockets, provoke serious accidents in electricity networks and in oil and gas pipelines, and have a negative impact on the mental health of entire regions’
An analysis of statements emanating from the US Air Force points to the unthinkable: the covert manipulation of weather patterns, communications and electric power systems as a weapon of global warfare, enabling the US to disrupt and dominate entire regions
Weather manipulation is the pre-emptive weapon par excellence. It can be directed against enemy countries or ‘friendly nations’ without their knowledge, used to destabilise economies, ecosystems and agriculture. It can also trigger havoc in financial and commodity markets The disruption in agriculture creates a greater dependency on food aid and imported grain staples from the US and other Western countries
HAARP was developed as part of an Anglo-American partnership between Raytheon Corporation, which owns the HAARP patents, and British Aerospace Systems (BAES) The HAARP project is one among several collaborative ventures in advanced weapons systems between the two defence giants
The HAARP project was initiated in 1992 by Advanced Power Technologies, Inc. (APTI), a subsidiary of Atlantic Richfield Corporation (ARCO) APTI (including the HAARP patents) was sold by ARCO to E-Systems Inc, in 1994
E-Systems, on contract to the CIA and US Department of Defense, outfitted the ‘Doomsday Plan’, which ‘allows the President to manage a nuclear war’ Subsequently acquired by Raytheon Corporation, it is among the largest intelligence contractors in the World
BAES was involved in the development of the advanced stage of the HAARP antenna array under a 2004 contract with the Office of Naval Research. The installation of 132 highfrequency transmitters was entrusted by BAES to its US subsidiary, BAE Systems Inc. The project, according to a July report in Defense News, was undertaken by BAES’s Electronic Warfare division In September it received DARPA’s top award for technical achievement for the design, construction and activation of the HAARP array of antennas
The HAARP system is fully operational and in many regards dwarfs existing conventional and strategic weapons systems. While there is no firm evidence of its use for military purposes, Air Force documents suggest HAARP is an integral part of the militarisation of space One would expect the antennas already to have been subjected to routine testing
Under the UNFCCC, the Intergovernmental Panel on Climate Change (IPCC) has a mandate ‘to assess scientific, technical and socioeconomic information relevant for the understanding of climate change’. This mandate includes environmental warfare ‘Geo-engineering’ is acknowledged, but the underlying military applications are neither the object of policy analysis or scientific research in the thousands of pages of IPCC reports and supporting documents, based on the expertise and input of some 2,500 scientists, policymakers and environmentalists
‘Climatic warfare’ potentially threatens the future of humanity, but has casually been excluded from the reports for which the IPCC received the 2007 Nobel Peace Prize Michel Chossudovsky is a Professor of Economics at the University of Ottawa and an editor at the Centre for Research on Globalization, www. globalresearch. ca
HAARP (High Frequency Active Auroral Reasearch Program - Alaska) Intro
***************************************** The Sura Ionospheric Heating Facility *****************************************
Located near the small town of Vasilsursk about 100 km eastward from Nizhniy Novgorod in Russia, is a laboratory for ionosphere research. Sura is capable of radiating about 190 MW, effective radiated power (ERP) on short waves. This facility is operated by the radiophysical research institute NIRFI in Nizhny Novgorod. The Sura facility was commissioned in 1981. Using this facility, Russian researchers achieved extremely interesting results regarding the ionosphere behavior and discovered the effect of generation of low-frequency emission at the modulation of ionosphere current. At the beginning, Soviet Defense Department mostly footed the bill. The American HAARP ionospheric heater is similar to the Sura facility The HAARP project began in 1993
The frequency range of the heating facility is from 4.5 to 9,3 MHz. The facility consists of three 250 kW broadcasting transmitters and a 144 crossed dipole antenna-array with dimensions of 300 m x 300 m. At the middle of the operating frequency range (4,5 – 9,3 MHz) a maximum zenith gain of about 260 (~24 dB) is reached, the ERP of the facility is 190 MW (~83 dbW)
Duga-3 array outside Chernobyl. The array of pairs of cylindrical/conical cages on the right are the driven elements, fed at the facing points with a form of ladder line suspended from stand-off platforms at top right A backplane reflector of small wires can just be seen left of center, most clearly at the bottom of the image
Missing Secrets Of Nikola Tesla : Woodpecker Signal, Russia, Power Outage
The Russian Woodpecker was a notorious Soviet signal that could be heard on the shortwave radio bands worldwide between July 1976 and December 1989. It sounded like a sharp, repetitive tapping noise, at 10 Hz, giving rise to the "Woodpecker" name. The random frequency hops disrupted legitimate broadcast, amateur radio, and utility transmissions and resulted in thousands of complaints by many countries worldwide
The signal was long believed to be that of an over-the-horizon radar (OTH) system. This theory was publicly confirmed after the fall of the Soviet Union, and is now known to be the Duga-3 system, part of the Soviet ABM early-warning network This was something that NATO military intelligence was well aware of all along, having photographed it and giving it the NATO reporting name Steel
The Soviets had been working on early warning radars for their anti-ballistic missile systems through the 1960s, but most of these had been line-of-sight systems that were useful for raid analysis and interception only. None of these systems had the capability to provide early-warning of a launch, which would give the defenses time to study the attack and plan a response. At the time the Soviet early-warning satellite network was not well developed, so work started on over-the-horizon radar systems for this associated role in the late 1960s
The first experimental system, Duga-1, was built outside Mykolaiv in the Ukraine, successfully detecting rocket launches from Baikonur Cosmodrome at 2,500 kilometers. This was followed by the prototype Duga-2, built on the same site, which was able to track launches from the far east and submarines in the Pacific Ocean as the missiles flew towards Novaya Zemlya. Both of these radars were aimed east and were fairly low power, but with the concept proven work began on an operational system The new Duga-3 systems used a transmitter and receiver separated by about 60 km
Appearance
Starting in 1976 a new and powerful radio signal was detected worldwide, and quickly dubbed the Woodpecker by amateur radio operators. Transmission power on some woodpecker transmitters was estimated to be as high as 10 MW EIRP. As well as disrupting shortwave amateur radio and broadcasting it could sometimes be heard over telephone circuits due to the strength of the signals. This led to a thriving industry of "Woodpecker filters" and noise blankers
One idea amateur radio operators used to combat this interference was to attempt to "jam" the signal by transmitting synchronized unmodulated continuous wave signals, at the same pulse rate as the offending signal, This idea was considered, but abandoned as impractical. Simple CW pulses didn't appear to have any effect However, playing back recordings of the woodpecker transmissions sometimes caused the woodpecker transmissions to shift frequency leading to speculation that the receiving stations were able to differentiate between the "signature" waveform of the woodpecker transmissions and a simple pulsed carrier
******************************************************************************* American meteorologist Scott Stevens has recently brought accusations against Russia *******************************************************************************
Mr. Stevens claims that Russian military specialists were behind the fury of Hurricane Katrina that devastated New Orleans. According to him, Russia has built secret equipment for causing a detrimental impact on the weather way back in the Soviet era
U.S. media quickly spread the news around. Both Russia and the U.S. were long rumored to have been involved in the development of meteorological weapon. But those rumors seemed too wild to searching a grain of truth hidden underneath. In the meantime, some Russian politicians say the experiments have been conducted and still conducted on either side of the ocean. Following death and destruction caused by Katrina, The Americans promptly unearthed the controversial interview by Vladimir Zhirinovsky in which he threatened to unleash floods all over the United States when “our scientists slightly change the earth's gravitational field.” Nobody got scared watching the drunken boss of the Liberal Democratic Party promise doom's day for the United States. But once Katrina struck and the southern part of the U.S. got drowned, the improbable rumors about Russia's meteorological weapon came to light again
American meteorologists are not the only ones who blame the neighbors for using the “hurricane gun.” Unconfirmed and patchy reports on questionable experiments with weather conducted by the U.S. and Soviet Union stirred up a number of political scandals in many countries of the world. Following a large-scale flooding in Europe in 2002, some European politicians put the blame on the “U.S. military” for disrupting EU economy. In 2002, Committee for Defense of the Russian Duma raised the issue about a detrimental impact on climate caused by experiments involving disturbance of the earth's ionosphere and magnetosphere. The deputies focused their attention on HAARP system that is still under construction in Alaska
There is a special facility located at a military installation some 400 km north of Anchorage. A huge area of tundra features thousands of 25-m antennas pointing to the sky. The facility is called High Frequency Active Auroral Research Program (HAARP). U.S. Marines patrol the vicinity of the base. No commercial or military aircraft are allowed to fly over the base. Air-defense systems Patriot were installed around the base following the 9/11 terrorist attacks
U.S. Navy and U.S. Air Force combined efforts building the facility. Open information sources indicate that the facility is used for causing active influence on the earth's ionosphere and magnetosphere. The results could be fantastic, according to scientific journals. Scientific journals claim that HAARP is capable of causing artificial aurora borealis, it can also jam radar stations of early ballistic missile detection systems, communicate with submarines in the ocean and even detect secret underground complexes of the enemy. Radio-frequency emission is capable of piercing through the ground and examine hideaways and tunnels, it can burn out electronics and destroy space satellites. The equipment can also impact the atmosphere and thus cause changes in weather. HAARP is allegedly used for causing natural disasters similar to Huricanes Katrina and Rita
Three years ago the Duma deputies held a heated discussion of issues related to HAARP. They even drew up an appeal to the President Putin and the UN. They demanded to set up an international commission for the investigation of the experiments conducted in Alaska
Speaking to Nezavisimaya Gazeta, specialist for active influence on the atmosphere of the Federal Service of Hydrometeorology and Environmental Monitoring Valery Stasenko said HAARP is a “very serious issue. ” “It is not for nothing that the term 'space weather' has become quite popular lately
The term stands for interrelation between the solar activity, magnetosphere and ionosphere perturbations and developments in the atmosphere. Perturbations in the magnetosphere and ionosphere can really impact climate. Using powerful equipment for deliberately bringing about perturbations, one can impact weather too, even on a global scale. I believe the deputies were right in finally raising the issue regarding the experiments in the U.S.,” said Mr. Stasenko
Russian politicians are head over heels debating plans of U.S. imperialists and their bloodthirsty military, man-made disasters and floods. They are probably totally unaware that Russia has long build it own facility similar to HAARP. The facility Sura is as powerful as HAARP. It is located in Russia's central area, in a remote and desolate place some 150 km from the city of Nizhny Novgorod. One of the leading scientific research institutions of the USSR, Research Institute of Radiophysical Studies, owns the facility
“There are only three facilities like this in the world, one is in Alaska, the very HAARP, one in Norway, and one in Russia,” said Nikolai Snegirev, director of the above institute. The facility was commissioned in 1981. “Using this unique facility, researchers achieved extremely interesting results regarding the ionosphere behavior. They discovered the effect of generation of low-frequency emission at the modulation of ionosphere current. At the beginning, Soviet Defense Department mostly footed the bill for similar research projects. Alas, no research like that has been conducted at the facility since the collapse of the Soviet Union. These days we are involved in the international projects for research of the ionosphere,” said Mr. Snegirev
Sura looks quite seasoned and a little bit rusty. Against all odds, it still works. There are straight lines of 20-m antennas standing in an area of 9 hectares. A giant emitter the size of a country hut sits in the center of the field, the emitter is used for studying acoustic developments in the atmosphere
Researchers at the Sura can not yet conjure hurricanes similar to Katrina and Rita. At least they say they can not. However, they conduct research (on a smaller scale than in the U.S. ) of interrelation between the natural disasters and perturbations in the ionosphere and magnetosphere
“It is possible to impact weather. However, neither Russians nor Americans are capable at the moment of creating something like Hurricanes Katrina or Rita. The capacity of the facilities is too low. The Americans are going to switch HAARP into its design capacity. Still, it will not be enough for effectively causing natural disasters,” said Yuri Tokarev, head of department of solar and terrestrial relations of the Research Institute of Radiophysical Studies
Technologies of the secret research institutes that used too be classified and inaccessible become available to non-military researchers. One of the devices was recently tested thanks to support of the Russian Academy of Natural Sciences
“We produced lots of interesting results during the first test of the ionic generator,” said Academician Mikhail Shahramanyan. “A stream of oxygen ions was going up and could either result in a local rupture of the clouds or bring out overcast sky, depending on a work mode of the device. We managed to form cumulonimbus overcast sky over Erevan in April 2004. We used two GIONK type devices when the sky was clear. According to protocols verified by independent observers, between April 15 to April 16 in Erevan precipitation totaled to 25mm-27mm,” said Academician Shahramanyan
Or HAARP at work?! This anomaly is just too much - 800 degrees occurred in one spot?
The hot spot in Los Padres National Forest is attended to by firefighters, who first responded the area a month and a half ago when observers noticed a haze of smoke, but no flames, rising from the parched scrub
******************************************** Ventura County hot spot puzzles experts ********************************************
A two-acre patch of land north of Fillmore has heated up to 800 degrees, and firefighters and geologists are unsure why
Los Angeles Times By Joanna Lin August 5, 2008
A patch of land in Ventura County's section of Los Padres National Forest where the ground recently heated up to 812 degrees continues to puzzle firefighters and geologists after weeks of monitoring
"It's a thermal anomaly," said Ron Oatman, spokesman for the Ventura County Fire Department
Posted by Free Hawai`i on August 31, 2008 at 8:00pm
WHY WOULD YOU GIVE UP YOUR LAND FOR PENNIES ON THE DOLLAR?StopAkakaBill.comFind Out Why The Akaka Bill Is So DangerousDiscover What Will Happen Should Federal Recognition Ever Become LawLearn What You Can Do To Help Stop The Akaka Bill!StopAkakaBill.comCheck It Out!Read more…
Posted by Free Hawai`i on August 31, 2008 at 7:50am
“Is a Free Hawai`i for everyone, or just for those of Hawaiian blood?” is a question a lot of you have asked us recently.Who will make decisions? Who will benefit? Who will have rights? Is everyone welcome?Watch Free Hawai`i TV this coming Wednesday for answers to these important questions.We also have two individuals who know what a Free Hawai`i can mean for everyone. One a health care professional, the other a life-long environmentalist. See for yourself this week on Voices Of Truth – One-On-One With Hawai`i’s Future.MONDAY, September 1st At 6:30 PM –Maui – Akaku, Channel 53“The Health Of Our Nation – A Visit with Dr. Kawika Liu”Native Hawaiian pediatrician, Kawika knows the people’s health is directly tied to the health of the land. Talking about the direct physical effects of the illegal US occupation, Dr. Liu shows how a Free Hawai`i is such a large part of the solution. Hear what a truly healthy Hawai`i and it’s people could be like. Watch It Here.MONDAY, September 1st At 7:00 PM & FRIDAY, September 5th At 5:30 PM -Hawai`i Island – Na Leo, Channel 53THURSDAY, September 4th At 8:30 PM & FRIDAY, September 5th At 8:30 AM –Kaua`i – Ho`ike, Channel 52SATURDAY, September 6th At 8:00 PM –O`ahu, `Olelo, Channel 53“Under Our Own Power – A Visit with Henry Curtis”What would life be like if we created all our own power? Did you know Hawai`i was a world leader in this before the overthrow? Could we set the example for the rest of the world again in clean, affordable, sustainable energy? Hear why Henry Curtis of Life Of The Land says it’s possible – and sooner than you may think. Watch It Here.Voices Of Truth interviews those creating a better future for Hawai`i to discover what made them go from armchair observers to active participants. We hope you’ll be inspired to do the same.If you support our issues on the Free Hawai`i Broadcasting Network, please email this to a friend to help us continue. A donation today helps further our work. Every single penny counts.Donating is easy on our Voices Of Truth website via PayPal.You can watch Voices Of Truth anytime on the web.And for news and issues that affect you, watch Free Hawai`i TV, a part of the Free Hawai`i Broadcasting Network.Read more…
Posted by Pono Kealoha on August 30, 2008 at 9:30am
Fight for iwi continues
ILLEGAL OCCUPATION SINCE 1/17/1893 DOSN'T GIVE THE THIEF THE RIGHT TO STEAL! ANYTHING AFTER 1/17/1893 IS ILLEGAL AND A CONTINUATION OF THIS CRIME !!! LEARN: http://hawaiiankingdom.org
Fight for iwi continues
The county Planning Commission on Tuesday entertained a motion that would have sent "a signal" to Wainiha landowner Joseph Brescia regarding the home he has started building on a small coastal lot known to contain at least 30 ancient Hawaiian burials.
Commissioners James Nishida and Herman Texeira backed a motion to have the county Planning Department send a letter to the California businessman asking him to consider giving community members more time to come up with money to purchase his property in exchange for an extension on his building permit.
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The county Planning Commission on Tuesday entertained a motion that would have sent “a signal” to Wainiha landowner Joseph Brescia regarding the home he has started building on a small coastal lot known to contain at least 30 ancient Hawaiian burials.
Commissioners James Nishida and Herman Texeira backed a motion to have the county Planning Department send a letter to the California businessman asking him to consider giving community members more time to come up with money to purchase his property in exchange for an extension on his building permit. Although the motion was ultimately defeated in a 5-2 vote, it allowed a group of residents advocating for greater protection of Native Hawaiian rights and “respect for our iwi” to publicly renew their concerns over the project.
“Isn’t there something you can do to condemn that land because it is a cemetery?” Kapa‘a resident Puanani Rogers told the commission. “It is a land use issue ... an issue that is your responsibility.”
Chair Steven Weinstein said the commission’s hands are tied.
“If they’re following the conditions, that’s all we can ask them to do,” he said, pointing at a recent Planning Department status report confirming that Brescia has met the conditions of his permit approval.
“It’s not a designated cemetery,” he said, noting the landowner was unaware of any burials on the property when he bought it.
Rogers disputed the claim that the remains are being preserved in place as the Kaua‘i Burial Council directed.
“It’s not being preserved if you’re building around them and in between them,” she said. “The bones have a spiritual essence. It extends throughout … up, down, sideways. We need people who understand our cultural practices to be making decisions on this.”
The burial council is a seven-member appointed arm of the state Historic Preservation Division whose authority is mostly limited to deciding whether remains should be preserved in place or reinterred.
When Brescia learned the house foundation would affect seven of the 30 marked burials, he asked the burial council to have them be relocated, according to his attorney, Walton Hong.
The council in a split vote in April decided the remains should be left in place.
“Mr. Brescia did not want to do this,” Hong said, so the burial treatment plan was revised and house redesigned so the footings would not be on top of the burials.
James Huff, a long-time builder, told the commission Aug. 12 that his independent GPS research shows the burials identified in the burial treatment plan fail to align on the ground with the burials marked in the building plans, in some cases falling directly under the footings.
The Planning Department, directed by the commission to investigate the claim, reported its findings on Tuesday.
Planner Dale Cua said the department, under the guidance of a state archaeologist, concluded with its equipment, which has a tolerance level of four to five meters, that the plans were accurate.
“Understand it’s not an exact science,” he said. “It’s going to be within the general vicinity.”
Brescia has been trying to build a home on his 18,000-square-foot North Shore property for the past seven years, but has been delayed mostly due to legal challenges, including a shoreline setback case environmentalists won in 2005 at the state Supreme Court.
The remains, or iwi, were discovered during excavation work last year.
After the commission approved Brescia’s permits on Dec. 12, there have been protests at the site and a group of residents camped on the beach at Ha‘ena Point adjacent to the property for months.
Brescia in a June 24 news release announced his openness to selling the lot at a fair price, but community members said they needed more time to find the funding. Since then, the footings to the home have been poured and some critics say the damage has already been done.
The Kaua‘i Police Department halted construction in June, but two weeks later Police Chief Darryl Perry said, after seeking clarification from the county attorney and state attorney general, that Brescia had not violated any law.
Fifth Circuit Judge Kathleen Watanabe on Aug. 14 affirmed that construction may continue at the homesite while attorneys for the property owner, state and protesters named in a related lawsuit debate a preliminary injunction.
State archaeologist Nancy McMahon testified then that the 30 burials do not constitute a cemetery.
Hong said construction must continue because permit conditions require it to be built within a certain time frame and because of the amount of money the landowner has already had to absorb.
“We can’t wait around one, two years hoping this offer is going to come,” he said, referring to the community’s effort to purchase the property.
“I’d like to buy some more time,” Texeira said, adding later that the letter from the Planning Department would “send a signal” to Brescia that the commission is concerned about what is happening at the site.
But a majority of commissioners, while noting their sympathy for the concerned residents, disagreed.
“I think as planning commissioners ... that’s not a hat that we wear,” Commissioner Cavin Raco said. “It’s Mr. Brescia’s legal right to make that decision (on whether to delay construction while the community searches for funding to buy it) ... I’m not here for that.”
Commissioner Kurt Akamine said that although he agreed with the premise, it would be premature.
“It’s really painful to have a house being built on a cemetery,” North Shore resident Caren Diamond said. “I feel very sick and sad.”
Posted by Free Hawai`i on August 29, 2008 at 6:42pm
The United States acquired Hawai`i through force.Queen Lili'uokalani, Hawai`i's last Queen, was deposed on Jan. 17, 1893, by a group of American businessmen supported by the United States Navy and Marine Corps and diplomatic representatives.Sovereignty of Hawai`i was allegedly transferred to the U.S. on Aug. 12, 1898 during ceremonies at Iolani Palace in Honolulu, on the island of Oahu.Hawai`i allegedly became a U.S. territory in 1900.On Nov. 23, 1993, The United States apologized for illegally overthrowing the Kingdom of Hawai`i, and recognized the inherent sovereignty and right of self-determination of native islanders.Needless to say, a lot of shady events took place between Jan. 17,1893 and Aug. 21, 1959.Hawaiian sovereignty is a hot issue in the islands to this day and likely will be for as long as the United States flag flies over Hawai`i.History Clearly Shows The Hawaiian Nation Wasn't Annexed It Was Stolen!Read more…
This was also known as the Hawaiian Magna Carta which was written in 1839 and approved by the King and his Chiefs. It's the preamble of the first written constitution written for Hawaii initiating the reformation of its government. It has carried over into the successive constitutions and written into the articles within the later Hawaiian Kingdom Constitutions and is currently valid and enforceable:"God hath made of one blood all nations of men to dwell on the earth," in unity and blessedness. God has also bestowed certain rights alike on all men and all chiefs, and all people of all lands.These are some of the rights which He has given alike to every man and every chief of correct deportment; life, limb, liberty, freedom from oppression; the earnings of his hands and the productions of his mind, not however to those who act in violation of laws.God has also established government, and rule for the purpose of peace; but in making laws for the nation it is by no means proper to enact laws for the protection of the rulers only, without also providing protection for their subjects; neither is it proper to enact laws to enrich the chiefs only, without regard to enriching their subjects also, and hereafter there shall by no means be any laws enacted which are at variance with what is above expressed, neither shall any tax be assessed, nor any service or labor required of any man, in a manner which is at variance with the above sentiments.
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Military recruitment list 'opt out' form due Sept. 15Secondary students can request DOE not give out contact informationSecondary school students who don't want their information submitted to military recruiters have until Sept. 15 to submit an "opt out" request to military recruiters.The federal No Child Left Behind Act requires the state Department of Education to provide names, addresses and telephone numbers (including unlisted numbers) of secondary students to military recruiters when requested.Secondary school students are broadly defined as students enrolled in middle, intermediate and high schools, the DOE said.A student in a secondary school can, on his/her own, submit a signed, written request for nondisclosure of his/her information. Or the parent/guardian of a secondary student or an eligible student can submit the opt-out request.Although the opt-out form is not legally required, the DOE has developed the form for military recruiting to facilitate response from students or their parents.If an opt-out for military recruiters was filed with the school during the 2007-2008 school year, the request will be honored until the student leaves the Hawai'i public school system or until the submitter rescinds the opt-out request.Opt-out requests will be accepted at any time during the school year, DOE officials said.However, the DOE is required to turn over a student list to the Inter-Service Recruitment Council in mid-October. If a request comes in after student lists have been submitted to the IRC, the DOE Information Resource Management Branch will inform the IRC to have recruiters remove the student's information from the list.
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A friend sent this to me and I rarely pass these things on because I don't like chain mail. This gave me pause to self examine myself and reinforce things we feel but don't generally put down into words. It's kinda good to reflect on things such as these once in a while:A Birth Certificate shows that we were bornA Death Certificate shows that we diedPictures show that we lived!Have a seat . . . Relax . . . And read this slowly.I Believe...That just because two people argue,It doesn't mean they don't love each other.And just because they don't argue,It doesn't mean they do love each other.I Believe...That we don't have to change friends ifWe understand that friends change.I Believe...That no matter how good a friend is, they're going to hurt you every once in a while and you must forgive them for that.I Believe...That true friendship continues to grow, even over the longest distance.Same goes for true love.I Believe...That you can do something in an instantThat will give you heartache for life.I Believe...That it's taking me a long timeTo become the person I want to be.I Believe...That you should always leave loved ones withLoving words. It may be the last time you see them.I Believe...That you can keep going long after you think you can't.I Believe...That we are responsible for whatWe do, no matter how we feel.I Believe...That either you control your attitude or it controls you.I Believe...That heroes are the people who do what has to be done when it needs to be done, regardless of the consequences.I Believe...That money is a lousy way of keeping score.I Believe...That my best friend and I, can do anything, or nothing and have the best time.I Believe...That sometimes the people you expect to kick you When you're down, will be the ones to help you get back up.I Believe...That sometimes when I'm angry I have the right to be angry,But that doesn't give me the right to be cruel.I Believe...That maturity has more to do with what types of experiences you've hadAnd what you've learned from them and less to do with how many birthdays you've celebrated.I Believe...That it isn't always enough, to be forgiven by others.Sometimes, you have to learn to forgive yourself.I Believe...That no matter how bad your heart is broken the world doesn't stop for your grief.I Believe...That our background and circumstances may have influenced who we are,But, we are responsible for who we become.I Believe...That you shouldn't be so eager to findOut a secret. It could change your life Forever.I Believe...Two people can look at the exact sameThing and see something totally different.I Believe...That your life can be changed in a matter ofHours by people who don't even know you.I Believe...That even when you think you have no more to give, whenA friend cries out to you - you will find the strength to help.I Believe...That credentials on the wall do not make you a decent human being.I Believe...That the people you care about most in life are taken from you too soon.I Believe...That you should send this to all of the people that you believe in, I just did.'The happiest of people don't necessarily have the best of everything;They just make the most of everything.Have a wonderful day!Read more…
Posted by Free Hawai`i on August 28, 2008 at 7:18pm
Amazing Video Shows StandoffThe County of Hawai`i, in an attempt to survey lands they believe is theirs, is stopped by native subjects of the Hawaiian Kingdom in Kawa`a who say the `aina (land) belongs to their families.A standoff ensues between the two governments, and ends peacefully, as the count elects to leave without entering the property.Watch The Video HereRead more…
Posted by Pono Kealoha on August 28, 2008 at 7:03pm
UNITED STATES PUBLIC LAW 103-150103d Congress Joint Resolution 19Nov. 23, 1993To acknowledge the 100th anniversary of the January 17, 1893 overthrow of the Kingdom of Hawaii, and to offer an apology to Native Hawaiians on behalf of the United States for the overthrow of the Kingdom of Hawaii.The Apology Bill, Public Law 103-150video I made with excerpts from Public Law 103-150 ("the Apology Bill")passed by the US Congress in 1993 and music by Sudden Rush/Dezman.Impact of the Apology BillImpact of the Apology Bill with Pu'uhonua Bumpy Kanahele and how it has become Federal Law. Lynette Cruz, PhD moderates the dialogue with Steve Tayama as guest and National Security Advisor for the Nation of Hawaii. The Apology Bill apologized for the illegal overthrow of the Hawaiian Monarchy by the United States Government signed into Law by President Bill Clinton.«
UNITED STATES PUBLIC LAW 103-150
103d Congress Joint Resolution 19
Nov. 23, 1993
To acknowledge the 100th anniversary of the January 17, 1893 overthrow of the Kingdom of Hawaii, and to offer an apology to Native Hawaiians on behalf of the United States for the overthrow of the Kingdom of Hawaii.
Whereas, prior to the arrival of the first Europeans in 1778, the Native Hawaiian people lived in a highly organized, self-sufficient, subsistent social system based on communal land tenure with a sophisticated language, culture, and religion;
Whereas, a unified monarchical government of the Hawaiian Islands was established in 1810 under Kamehameha I, the first King of Hawaii;
Whereas, from 1826 until 1893, the United States recognized the independence of the Kingdom of Hawaii, extended full and complete diplomatic recognition to the Hawaiian Government, and entered into treaties and conventions with the Hawaiian monarchs to govern commerce and navigation in 1826, 1842, 1849, 1875, and 1887;
Whereas, the Congregational Church (now known as the United Church of Christ), through its American Board of Commissioners for Foreign Missions, sponsored and sent more than 100 missionaries to the Kingdom of Hawaii between 1820 and 1850;
Whereas, on January 14, 1893, John L. Stevens (hereafter referred to in this Resolution as the "United States Minister"), the United States Minister assigned to the sovereign and independent Kingdom of Hawaii conspired with a small group of non-Hawaiian residents of the Kingdom of Hawaii, including citizens of the United States, to overthrow the indigenous and lawful Government of Hawaii;
Whereas, in pursuance of the conspiracy to overthrow the Government of Hawaii, the United States Minister and the naval representatives of the United States caused armed naval forces of the United States to invade the sovereign Hawaiian nation on January 16, 1893, and to position themselves near the Hawaiian Government buildings and the Iolani Palace to intimidate Queen Liliuokalani and her Government;
Whereas, on the afternoon of January 17,1893, a Committee of Safety that represented the American and European sugar planters, descendants of missionaries, and financiers deposed the Hawaiian monarchy and proclaimed the establishment of a Provisional Government;
Whereas, the United States Minister thereupon extended diplomatic recognition to the Provisional Government that was formed by the conspirators without the consent of the Native Hawaiian people or the lawful Government of Hawaii and in violation of treaties between the two nations and of international law;
Whereas, soon thereafter, when informed of the risk of bloodshed with resistance, Queen Liliuokalani issued the following statement yielding her authority to the United States Government rather than to the Provisional Government:
"I Liliuokalani, by the Grace of God and under the Constitution of the Hawaiian Kingdom, Queen, do hereby solemnly protest against any and all acts done against myself and the Constitutional Government of the Hawaiian Kingdom by certain persons claiming to have established a Provisional Government of and for this Kingdom.
"That I yield to the superior force of the United States of America whose Minister Plenipotentiary, His Excellency John L. Stevens, has caused United States troops to be landed a Honolulu and declared that he would support the Provisional Government.
"Now to avoid any collision of armed forces, and perhaps the loss of life, I do this under protest and impelled by said force yield my authority until such time as the Government of the United States shall, upon facts being presented to it, undo the action of its representatives and reinstate me in the authority which I claim as the Constitutional Sovereign of the Hawaiian Islands.".
Done at Honolulu this 17th day of January, A.D. 1893.;
Whereas, without the active support and intervention by the United States diplomatic and military representatives, the insurrection against the Government of Queen Liliuokalani would have failed for lack of popular support and insufficient arms;
Whereas, on February 1, 1893, the United States Minister raised the American flag and proclaimed Hawaii to be a protectorate of the United States;
Whereas, the report of a Presidentially established investigation conducted by former Congressman James Blount into the events surrounding the insurrection and overthrow of January 17, 1893, concluded that the United States diplomatic and military representatives had abused their authority and were responsible for the change in government;
Whereas, as a result of this investigation, the United States Minister to Hawaii was recalled from his diplomatic post and the military commander of the United States armed forces stationed in Hawaii was disciplined and forced to resign his commission;
Whereas, in a message to Congress on December 18, 1893, President Grover Cleveland reported fully and accurately on the illegal acts of the conspirators, described such acts as an "act of war, committed with the participation of a diplomatic representative of the United States and without authority of Congress", and acknowledged that by such acts the government of a peaceful and friendly people was overthrown;
Whereas, President Cleveland further concluded that a "substantial wrong has thus been done which a due regard for our national character as well as the rights of the injured people requires we should endeavor to repair" and called for the restoration of the Hawaiian monarchy;
Whereas, the Provisional Government protested President Cleveland's call for the restoration of the monarchy and continued to hold state power and pursue annexation to the United States;
Whereas, the Provisional Government successfully lobbied the Committee on Foreign Relations of the Senate (hereafter referred to in this Resolution as the "Committee") to conduct a new investigation into the events surrounding the overthrow of the monarchy;
Whereas, the Committee and its chairman, Senator John Morgan, conducted hearings in Washington, D.C., from December 27,1893, through February 26, 1894, in which members of the Provisional Government justified and condoned the actions of the United States Minister and recommended annexation of Hawaii;
Whereas, although the Provisional Government was able to obscure the role of the United States in the illegal overthrow of the Hawaiian monarchy, it was unable to rally the support from two-thirds of the Senate needed to ratify a treaty of annexation;
Whereas, on July 4, 1894, the Provisional Government declared itself to be the Republic of Hawaii;
Whereas, on January 24, 1895, while imprisoned in Iolani Palace, Queen Liliuokalani was forced by representatives of the Republic of Hawaii to officially abdicate her throne;
Whereas, in the 1896 United States Presidential election, William McKinley replaced Grover Cleveland;
Whereas, on July 7, 1898, as a consequence of the Spanish-American War, President McKinley signed the Newlands Joint Resolution that provided for the annexation of Hawaii;
Whereas, through the Newlands Resolution, the self-declared Republic of Hawaii ceded sovereignty over the Hawaiian Islands to the United States;
Whereas, the Republic of Hawaii also ceded 1,800,000 acres of crown, government and public lands of the Kingdom of Hawaii, without the consent of or compensation to the Native Hawaiian people of Hawaii or their sovereign government;
Whereas, the Congress, through the Newlands Resolution, ratified the cession, annexed Hawaii as part of the United States, and vested title to the lands in Hawaii in the United States;
Whereas, the Newlands Resolution effected the transaction between the Republic of Hawaii and the United States Government;
Whereas, the indigenous Hawaiian people never directly relinquished their claims to their inherent sovereignty as a people or over their national lands to the United States, either through their monarchy or through a plebiscite or referendum;
Whereas, on April 30, 1900, President McKinley signed the Organic Act that provided a government for the territory of Hawaii and defined the political structure and powers of the newly established Territorial Government and its relationship to the United States;
Whereas, on August 21,1959, Hawaii became the 50th State of the United States;
Whereas, the health and well-being of the Native Hawaiian people is intrinsically tied to their deep feelings and attachment to the land;
Whereas, the long-range economic and social changes in Hawaii over the nineteenth and early twentieth centuries have been devastating to the population and to the health and well-being of the Hawaiian people;
Whereas, the Native Hawaiian people are determined to preserve, develop and transmit to future generations their ancestral territory, and their cultural identity in accordance with their own spiritual and traditional beliefs, customs, practices, language, and social institutions;
Whereas, in order to promote racial harmony and cultural understanding, the Legislature of the State of Hawaii has determined that the year 1993, should serve Hawaii as a year of special reflection on the rights and dignities of the Native Hawaiians in the Hawaiian and the American societies;
Whereas, the Eighteenth General Synod of the United Church of Christ in recognition of the denomination's historical complicity in the illegal overthrow of the Kingdom of Hawaii in 1893 directed the Office of the President of the United Church of Christ to offer a public apology to the Native Hawaiian people and to initiate the process of reconciliation between the United Church of Christ and the Native Hawaiians; and
Whereas, it is proper and timely for the Congress on the occasion of the impending one hundredth anniversary of the event, to acknowledge the historic significance of the illegal overthrow of the Kingdom of Hawaii, to express its deep regret to the Native Hawaiian people, and to support the reconciliation efforts of the State of Hawaii and the United Church of Christ with Native Hawaiians;
Now, therefore, be it
Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. ACKNOWLEDGMENT AND APOLOGY.
The Congress -
(1) on the occasion of the 100th anniversary of the illegal overthrow of the Kingdom of Hawaii on January 17, 1893, acknowledges the historical significance of this event which resulted in the suppression of the inherent sovereignty of the Native Hawaiian people;
(2) recognizes and commends efforts of reconciliation initiated by the State of Hawaii and the United Church of Christ with Native Hawaiians;
(3) apologizes to Native Hawaiians on behalf of the people of the United States for the overthrow of the Kingdom of Hawaii on January 17, 1893 with the participation of agents and citizens of the United States, and the deprivation of the rights of Native Hawaiians to self-determination;
(4) expresses its commitment to acknowledge the ramifications of the overthrow of the Kingdom of Hawaii, in order to provide a proper foundation for reconciliation between the United States and the Native Hawaiian people; and
(5) urges the President of the United States to also acknowledge the ramifications of the overthrow of the Kingdom of Hawaii and to support reconciliation efforts between the United States and the Native Hawaiian people.
SEC. 2. DEFINITIONS.
As used in this Joint Resolution, the term "Native Hawaiians" means any individual who is a descendent of the aboriginal people who, prior to 1778, occupied and exercised sovereignty in the area that now constitutes the State of Hawaii.
SEC. 3. DISCLAIMER.
Nothing in this Joint Resolution is intended to serve as a settlement of any claims against the United States.
Approved November 23, 1993
______________________________ LEGISLATIVE HISTORY - S.J. Res. 19:
SENATE REPORTS: No. 103-125 (Select Comm. on Indian Affairs) CONGRESSIONAL RECORD, Vol. 139 (1993):
Posted by Pono Kealoha on August 27, 2008 at 11:16am
"FOUR THINGS"What Are The Four Things Hawai`i Nationals Want?Why Are They So Important For A Free Hawai`i?Watch & Find Out!LEARN :http://www.hawaiiankingdom.org/Free Hawaii Banner for MaoliworldMyspace Free Hawaii BannerSpread da MANA'O.MahalozRead more…
Posted by Free Hawai`i on August 26, 2008 at 6:48pm
FREEHAWAII.INFOPRESENTSFREE HAWAI`I TVTHEFREE HAWAI`I BROADCASTING NETWORK"FOUR THINGS"What Are The Four Things Hawai`i Nationals Want?Why Are They So Important For A Free Hawai`i?Watch & Find Out!Read more…
Posted by Pono Kealoha on August 26, 2008 at 1:11pm
Molokai water meeting draws large crowdmahalo: JoshyboyDate: Aug 26, 2008 1:25 PMWater meeting draws large crowd By Corinne Impey 8/21/2008 6:14:11 PM Molokai News : Politics
Over 300 people gathered at the Mitchell Pauole Center Wednesday night for the first of what organizers say will be several meetings to address the Molokai water crisis.
Packing the seating areas both inside and outside the center, the audience was educated on the situation and encouraged to share their manao on where the community should go.
Walter Ritte, local activist, started the meeting by thanking everyone for attending.
“We are here tonight because we have to be part of the solution. The state tried to solve the problem and they screwed up,” he said.
Ritte highlighted some issues including the threat made by Molokai Ranch to end water service on Aug. 31 and the new utility rate increases approved by the Public Utility Commission.
He spoke of Governor Linda Lingle and said she has done nothing to help the situation. Rather, he said the community should rally behind the county of Maui.
Ritte’s statements were met with applause and shouts from the audience calling for council member Danny Mateo to become governor.
Catherine Mahealani Davis provided a presentation on the historical and current water situation on Molokai. She spoke of a time in the past when humans and the environment lived together in harmony.
But today, she said the island of Molokai is in an environmental crisis, including the west end.
“The Ranch’s lands are dying, it’s up to the citizens to save them,” she said.
A panel of local citizens and government officials then took the stage to answer questions.
On the panel sat Alton Arakaki, Walter Ritte, Mahina Martin from the office of Maui County Mayor Charmaine Tavares, council member Danny Mateo, Steve Morgan, Catherine Mahealani Davis, and DeGray Vanderbilt.
Much of the focus was on eminent domain with Mateo explaining that the first step in getting this process started is community support. Next, he said the Maui County Council would need to discuss the issue and make a resolution calling for eminent domain to be used. Mateo was unable to provide specific costs and time lines for the process. Eminent domain would involve the county or state stepping in to take over the Ranch’s land at a fair market price.
Ritte took an informal vote of the crowd asking who supported eminent domain. Over half of the attendees raised their hands. When asked who did not support eminent domain, no hands were raised.
Also available at the meeting were two petitions for residents to sign. The first was for gaining support towards eminent domain and the second was a petition to not support the “arbitrary, unjustified” utility rate increases.
Although many signatures were found on both petitions, Ritte explained that these petitions remain open for more support.
The next meeting that will be held to continue these discussions is a working meeting at Kulana Oiwi, Aug. 27 at 5 p.m.
According to Ritte, the two main issues that will be targeted are gathering legal advice to respond to utility rate increases and eminent domain.
For more meeting information see the next issue of The Molokai Times.
PUC: corrupt or just cluelessPUC: corrupt or just clueless By Steve Morgan 8/20/2008 10:03:47 AM Public Forum : Columns View Comments Post Comment In 2002 I took on the obligation of representing approximately 30 homeowners on the West End who were opposed to Molokai Ranch’s water rate hike. At that time we hired an attorney who had familiarity with the Public Utility Commission hearing process and filed for the position of “Opposing Party” on behalf of the West End homeowners. Our intent was to not only inspect the accounting practices of Molokai Ranch’s water system but to also inspect the physical properties of the system. Unfortunately, despite our efforts, we were denied the position of “Opposing Party” by the PUC and the end result was that no inspection of the Molokai Ranch water system ever took place, consequently, information that could have helped provide essential data in our current situation was denied.
Roll ahead six years to our current time and the story has again been repeated in duplicate. West Molokai Association recently chose to apply for opposition party status against the current PUC rate hike and again, position denied. Other than a quick review of basic accounting supplied by Molokai Ranch, no effort of any kind has been put into place by the PUC to inspect the operational and management practices of the Molokai Ranch water system.
Ignoring their own vested powers and moving ahead without any real evidence, the PUC along with the consent of Governor Lingle has given carte blanche to Molokai Ranch without holding any real torch of accountability under their ‘okole. This seems to follow in the footsteps that our government has set for many years now, whereas the interests of big business are given priority over the wellbeing of the consumer and ordinary citizen. Molokai Ranch has blatantly threatened to victimize our community and the PUC and the state government have awarded them by yielding to their demands.
Last week I took a quick look around the communities of Kaluakoi and Maunaloa to see if I could find any significant leaks or disrepair in the Molokai Ranch water system. Without even leaving my car, several major leaks were sighted, including two leaks in Maunaloa and four leaks in the Kaluakoi area. One massive leak located at Ahiu Road in Kaluakoi resembled a fresh water spring bubbling forth from the middle of the road. A friend who had brought this leak to my attention, noted that this leak had been ongoing for three to four years. My favorite leak however was found at Kaupoa just south of the old Ranch House. In an otherwise arid area, this leak has literally created what appear to be wetland taro patches. In one sense it brings a certain beauty to the place, and maybe I could appreciate this if I wasn’t so aware of who was really footing the bill for a leak of this size.
Why is it that this type of gross negligence goes unnoticed by the PUC? Instead of doing its due diligence, the PUC came to Molokai offering a mock hearing in which the PUC had already determined its outcome ahead of time.
It is time for the people of Molokai to say “no more” as these foreign companies and patronizing government institutions continue to make us the victims. It is time that the people of Molokai begin to seriously recognize our own responsibility of being the stewards of our own resources. Only when we finally assume this kuleana will the victimization stop. Condemning Molokai Ranch Lands - Eminent Domain BasicsAloha ko..u ..ohana,
In the near future, you'll probably be hearing more about the possibility of condemning Molokai Ranch's lands. This note is to give you a brief explanation of the concept and how it could work for Molokai.
Before the explanation, it’s important to know that the County of Maui has the authority to condemn the Ranch's lands all by itself. The County does not need the State’s authorization or support. And the process is surprisingly simple. It only requires the Maui County Council to pass a Resolution authorizing condemnation. A well-drafted Resolution and 5 out of 9 votes are all it would take to condemn the Ranch's lands! If you support this idea, your County leaders need to hear from you ASAP! Their e-mail addresses are at the end of this message.
And now for the explanation.
"Eminent domain" is the government's power to take private land for the benefit of the public. The process that the government uses to take the land is called "condemnation." Protection of the public's "health and safety" is the government's legal justification for condemning private land.
In the really bad old days, kings, czars and emperors could simply seize a person's land without paying for it. But today, our laws say that government cannot take private land without paying "just compensation" to its owner. So eminent domain is not a license to steal land! The easiest way to understand the concept is to think of eminent domain as a way for government to protect the public by forcing a private owner to sell their land at a fair price.
People in Hawai'i weren't thinking much about eminent domain until Governor Lingle proposed using this power to condemn the Turtle Bay resort on O'ahu's North Shore. After the initial shock wore off, the state Legislature decided to authorize condemnation of the Turtle Bay lands. The bill that authorized condemning Turtle Bay is attached to this message. There are two interesting things about this bill:
1) The Legislature's only "public health and safety" reason for condemning Turtle Bay is: “To protect and preserve Hawaii's historic and cultural heritage." Period.
2) The bill authorizes a 2-step purchase process. First, it authorizes the Governor to negotiate with the Turtle Bay owners to see if a sale can be finalized without the need for condemnation. During these negotiations, the Governor is allowed to work with potential private buyers who might be able to purchase some or all of Turtle Bay themselves, without any help from the government. Second, if negotiations don't work within a "reasonable time," then the bill authorizes the Governor to exercise the power of eminent domain and begin condemnation proceedings.
So how does this apply to Molokai Ranch? We all know that the Ranch's local management has insisted for a long time that the Ranch is not for sale. When they shut down operations in April, the Ranch said that it planned to "mothball" their properties until better times came along. Although the Ranch's top owner, Hong Kong’s Guoco Group Limited, might have private, more practical opinions about selling, their public position (via CEO Peter Nicholas) is that they don't plan to sell.
To justify condemnation, the government must find that there are compelling health and safety reasons in support of such a drastic action. In the case of Turtle Bay, the Legislature decided that it was enough to say that condemnation would protect Hawaii's cultural and historic heritage. That’s a pretty skimpy (though valid) justification. But boy does it ever pale in comparison to the reasons that Maui County has for condemning Molokai Ranch’s lands!
The most obvious justification for condemning the Ranch is its threat to shut down utility services to 1,200 customers. This is a huge threat to public health and safety. The Department of Health’s hearing officer said so formally in his August 14 order requiring the Ranch to continue providing water and sewer services. But the Ranch has not given anyone formal assurance that it plans to abide by the hearing officer’s order, and the order is only good for 90 days.
No developer in Hawai‘i’s history has ever made such a serious threat. Curiously, the State's response to this threat was to have the PUC unilaterally raise customer rates (without even being asked by the Ranch), and to have the Department of Health try to force Maui County to take over the Ranch’s utilities. Thanks to the PUC's decision, Molokai residents are now saddled with rate increases of up to 178%. And although the County successfully defended itself against the State’s efforts to rescue the Ranch, it will be required to provide emergency water service to the Ranch’s customers if the Ranch walks away after the DOH’s 90-day order expires.
Molokai Ranch is owned by a foreign company, Guoco Group, whose most recent business ventures are in international gambling. (See: http://gambling. co. uk/news/gambling-news_11435_guoco-continues-with-rank-share-purchases. html) The Ranch is its only U.S. property. If the Ranch’s local management decides not to continue providing utility service after 90 days, there will be no way to fine or punish the top owners. The only leverage that our government has against this foreign company is its sole U.S. asset -- the Ranch’s 62,000 acres.
The Council could pass a resolution authorizing condemnation tomorrow (literally). If it chose to follow the Turtle Bay example, it could authorize Mayor Tavares to begin negotiations with the Ranch and potential private investors to arrange a sale at fair market value. If negotiations failed, the Council could then give the Mayor authority to exercise the power of eminent domain, in order to acquire the Ranch’s lands. Risk to taxpayers is minimal because:
1) The County would not need to put up any cash to start condemnation proceedings.
2) The process could be called off at any point if the County found that the Ranch’s threat to public health and safety was resolved.
To take this bold step, the County’s leaders need to know that they have the support of the Molokai community. Molokai’s Council member, Danny Mateo, said publicly last week that he is willing to pursue this option if the community supports it. Councilman Mateo, Mayor Tavares, and the rest of the Council need to hear from everyone! Here is a list of their e-mail addresses:
Mayor Charmaine Tavares mayors.office@mauicounty.gov
Council Vice-Chair Danny A. Mateo danny.mateo@mauicounty.us
Council Chair G. Riki Hokama riki.hokama@mauicounty.us
Councilmember Michelle Anderson michelle.anderson@mauicounty.us
Councilmember Jo Anne Johnson jo_anne.johnson@mauicounty.us
Councilmember Bill Kauakea Medeiros bill.medeiros@mauicounty.us
Councilmember Michael J. Molina michael.molina@mauicounty.us
Councilmember Joseph Pontanilla joseph.pontanilla@mauicounty.us
Councilmember Michael P. Victorino michael.victorino@mauicounty.us
If you've made it this far, mahalo nui for your patience in reading this message. Molokai has fought hard to preserve its cultural and historical heritage for decades. Now is our chance to make our voices heard, and to move past the old battles to the huge task of restoring our island’s environment and economy. We can do it! But we need the County’s help to bring stewardship of the last Hawaiian island home from Hong Kong. And the County needs to know that we will stand behind them in this courageous endeavor.
I mua and Ho'i i ka Pono!
p.s. Here's the internet link to the County Code’s laws regarding condemnation: http://ordlink. com/codes/maui/index. htm When you get to the site, search for Ordinance Number 3.44.015 in the Index.
Posted by Free Hawai`i on August 26, 2008 at 4:58am
Nawiliwili -“It’s the one-year anniversary of Kaua‘i being ferry-free,” said Rich Hoeppner, chairman of the nonprofit People for the Preservation of Kaua`i.“It’s the one-year anniversary from the day when we blocked them and made them turn around and go back to O`ahu, and they haven’t been back since. That requires a celebration.”Read The Whole Story HereRead more…
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Molokai water meeting draws large crowdmahalo: JoshyboyDate: Aug 26, 2008 1:25 PMWater meeting draws large crowd
