who owns Mauna Kea Access Road?

[randomq]

I agree, turn over the land (and assets) to the people and be done. If it's theirs they can build how they want, run it how they want, or sell it. Put in a covenant that it can only be sold "to people born in Hawaii".

[Kaimana]

I'm watching the full hearing and the Assistant Attorney General said numerous times there was no land swap yet. 25 years later lol.

Also later in the hearing Sen. Kahele brings up the fact that there's someone illegally occupying 100's of acres of DHHL lands, with no Hawaiian ancestry, raising cattle, fencing off the property etc and nothing has been done to get them off the land, but they were quick to throw destroy Hale o Kuhio which only took up a few 100 square feet. This so ridiculous.

[kalakoa]

Again: if "the rule of law" says DHHL owns the land, then "the rule of law" which guarantees access ("open to the public for six months") must also apply -- you don't get to pick and choose which laws to follow.

[knieft]

quote:

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Originally posted by Kaimana

So I should have wrote EVERYONE is angry. lol. DHHL and the State have been doing illegal things like this from the get go.

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And for context (as ironic as you care to see it) OHA came about in the aftermath of the Kaho'olawe protests of the 70's. "Protect Kaho'olawe Ohana" PKO. DHHL came earlier as part of the transition to statehood with 200,000 acres to distribute.

Further irony, at least to me, is that for 40+ years no one has gone after the corruption/ineptitude of either agency. Perhaps everyone thought that if someone attacked these agencies it would be politically incorrect or racist, regardless of the failure of both.

I wonder what wonders will be created in the aftermath of the current MK situation.

I don't know who owns MK access road, but I know who doesn't own it: the self-important people who, with the State's permission and blessing, have decided to block it.

Cheers,
Kirt

[Kaimana]

quote:

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Originally posted by kalakoa

Again: if "the rule of law" says DHHL owns the land, then "the rule of law" which guarantees access ("open to the public for six months") must also apply -- you don't get to pick and choose which laws to follow.

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What I'm getting from the hearings and other things written, certain laws supersede other laws. For instance, marijuana is legal in certain states, but illegal federally. It's my understanding that the federal laws supersede state laws and people in those states could still be arrested federally for something that is legal in the state.

From what I'm hearing, and it could be wrong, the laws governing DHHL lands supersede DOT laws. It's such a clusterf.

[ironyak]

kalakoa - you don't get to pick and choose which laws to follow.

Thankfully you don't have to as the State will pick and choose which to enforce for you! I really think this opens up a whole new realm of possibilities - basically, just do whatever you want, and if you are caught, claim unequal treatment under the law. File some lawsuits and watch the state chase its tail trying to prove it has jurisdiction.

There's gotta be some nice public lands out there for each and everyone - after all, we own them.

[HereOnThePrimalEdge]

certain laws supersede other laws.

Yes, like the 1970something document which protestors claimed would require the TMT to put up a $1.4 billion bond, cash on the barrel head. Several other documents changed and updated the requirements.

I think as kalakoa has pointed out with the 6 month public use provision, that will be the case with Kai Kahele’s machinations as well.

[kalakoa]

the laws governing DHHL lands supersede DOT laws

Federal law is vast; I'm sure some code therein can be cited to override DHHL. It's a moot point given that the Kingdom has delcared that our laws do not apply to them.

marijuana is legal in certain states, but illegal federally

All marijuana is illegal under Federal law, even when you carry a State-issued license and purchase from a State-sanctioned retailer. We should therefore not be surprised by similarly selective application of the "rule" of "law".

[kalakoa]

This just keeps getting better.

https://www.bigislandvideonews.com/2019/...discussed/

Senator Kahele asks the DHHL chair what would it take to grant a limited right of entry for the pu'uhonua located across from the Mauna Kea Access Road.

[Kaimana]

quote:

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Originally posted by HereOnThePrimalEdge

certain laws supersede other laws.

Yes, like the 1970something document which protestors claimed would require the TMT to put up a $1.4 billion bond, cash on the barrel head. Several other documents changed and updated the requirements.

I think as kalakoa has pointed out with the 6 month public use provision, that will be the case with Kai Kahele’s machinations as well.

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The provision mentioned is a county code and the DHHL is written into the State Constitution. I'm assuming Kahele's argument is that the State constitution supersedes any county codes, again I could be mistaken though.