Land title disputes in Maui development


The Maui News reports:
Nearly three dozen Native Hawaiians filled a courtroom Wednesday to stake claim to lands in Waiehu also claimed by Hale Mua Properties, which received approval from the county last month to proceed with a 240-acre subdivision.

"The real issue is the jurisdiction of the royal patents," said Oliver Dukelow, who was among those sitting and standing in the courtroom [...] to object to Hale Mua's request that it be granted fee simple ownership of property purchased from Wailuku Agribusiness.
[...]
Mahealani Ventura-Oliver, a title examiner frequently involved in questioning land ownership by the plantations, offered encouragement as the throng filed out of the courtroom. During an interview, she said that records of a 1926 Hawaii Boundaries Commission procedure showed that Wailuku Sugar Co. – the predecessor to Wailuku Agribusiness – "disclaimed all kuleana" from Waikapu to Kahakuloa, including the property that makes up the proposed Hale Mua project.

The article continues with a brief explanation of kuleana parcels and quitclaim deeds, and has developer Sterling Kim saying he hopes it won't be used as a platform for Hawaiian sovereignty. It concludes:
Ventura-Oliver [...] said those staking claims to the lands from Waikapu to Kahakuloa also plan to take their cases to the International Court of Justice in The Netherlands.

"This is a miscarriage of justice," she said. "It has to be dealt with."

This will be an interesting one to watch. I was just watching Ventura-Oliver on Akaku last night discussing this case (as an aside, probably one reason why developers want to take over the station, and another good reason to be sure it remains open for the community, see SaveAkaku.org), and she says she is "not a sovereigntist" and clarified that she is not representing any group. As I have said before, I am definitely not an expert in the history of land title and real property law in Hawaii, but it appears that she is making title claims within the U.S. court system, while there is a separate argument that since 1893 the occupying government has lacked valid jurisdiction and therefore all title transactions done since that date through the occupation courts lack validity.

Good brief background on the source of kuleana lands.

Update 9/18: Ventura-Oliver has a letter in the Maui News.


Posted: Thu - September 15, 2005 at 12:58 PM    
   
 
Categories
XML/RSS Feed
Search
World Court Case DVD
Larsen Case on DVD
Larsen DVD
Larsen v. Hawaiian Kingdom at the
Permanent Court of Arbitration
The Hague, 2001
DVD Mini-Documentary & Booklet
Order your copy
FREE HAWAII STICKERS
Free Hawaii
Over at the Free Hawaii blog, Koani Foundation is giving away "Free Hawaii" stickers and pins, and will post photos of them displayed in interesting places. Spread them far and wide!
HAWAII DOCUMENTS
HAWAII LINKS
HAWAII BLOGROLL
HAWAII FORUMS
HAWAII PODCASTING
PROGRESSIVE BLOGROLL
TV Worth Watching
The Daily Show with Jon Stewart
The Colbert Report
NOW with David Brancaccio
Foreign Exchange with Fareed Zakaria
Countdown with Keith Olbermann
Russell Simmons presents Def Poetry
Real Time with Bill Maher
Washington Journal on C-Span
PBN Friday with Howard Dicus
Portfolio
Archives
Sun Mon Tue Wed Thu Fri Sat
Browse archives by date
CURRENT IMAGE
Support Organ Donation
DONATE LIFE
Comments powered by
Weblog Commenting by HaloScan.com
TECHNORATI
SUPPORT THIS BLOG
If you find this weblog valuable, please consider making a secure donation via PayPal to support its ongoing maintenance:

Mahalo!
Or contact me about sponsoring this blog in exchange for space in the Sponsored Links area above.
Statistics
Total entries in this blog:
Total entries in this category:
Published On: Dec 27, 2005 10:13 PM
Powered by
iBlog


©