who owns Mauna Kea Access Road?

[ironyak]

Based on Kai's argument, everyone on the road should have to prove they are 50+% native Hawaiian and have DHHL's approval to be there (as that is how the beneficiary system works). Until then no one has any more legal right to be there than the haoliest of haoles (sorry Mamoa - no road for you)

And yes Frank those are race-based entitlement programs. How would it be if Dole et al as the Republic of Hawaii (whose soverignity was also recognized by dozens of nations) established land trusts and private schools where only White missionaries (or those with 50% White missionary blood) could apply? These sorts of racial policies have largely been on the decline since Brown v Board in the 1950s (hence the repeated lawsuits Kam schools have had to settle for racial discrimination).

ETA: more apropos details

[HereOnThePrimalEdge]

"That road belongs to the beneficiaries of the Hawaiian Homes Commission Act," Kahele said.

This Hawaiian Homes Commission Act? Which stated in 1920:

Section 101, "Purpose", of the Hawaiian Homes Commission Act explains the aims of the Hawaiian Homelands program as follows:
(2)Placing native Hawaiians on the lands set aside under this Act in a prompt and efficient manner and assuring long-term tenancy to beneficiaries of this Act and their successors;

If we want to play the dancing Kai Kahele game of agencies not following through with stated regulations, DHHL could be found in breach of their charter, and fast tracked to be scraped or perhaps "decommissioned" based on Line (2)[b] alone. And there are plenty of other stipulations in the Hawaiian Homes Commission Act that have not been followed.

Then after decommissioning, DHHL land goes back to the state, and Mauna Kea Access Road is magically sited on state land. Takes two to tango.

[BillyB]

"People who live in the past generally are afraid to compete in the present. I've got my faults, but living in the past is not one of them. There's no future in it."
Sparky Anderson

[kalakoa]

Without the land exchange, the state breached the agreement and cannot claim title to the access road or stop protests there, Kahele said.

Again: fine, give the road to the protestors -- up to, but not including, the shoulders of the highway. Build a new State-owned road on State land.

This whole drama is just like the fake "agricultural" subdivisions and their "privately owned roads (open to the public)". Hawaii loves grey areas because everyone involved can simply claim "not my kuleana".

[Kaimana]

kalakoa- I think you'd have to build hundreds of miles of road since DHHL owns most of the land surrounding Mauna Kea.

[kalakoa]

Five miles across State land from the Mauna Kea Recreation Area to the Visitor Information Station. Actual road maybe double that because switchbacks etc for elevation. Don't need full highway, a simple 1.5-lane would suffice.

I further suggest that such a project would be faster and cheaper than negotiation with DHHL, especially if DHHL is uncooperative.

As with most things, this proposal assumes that the problem is meant to be solved, and so far there's little evidence of that. (Never forget that a solved problem cannot be milked for revenue.)

[kalakoa]

Did DHHL obtain permission for their driveway onto the highway? It's required...

Also worth noting (again) that Saddle is a County Road, not a State Highway...

https://hidot.hawaii.gov/highways/home/h...-highways/

[Kaimana]

kalakoa-

What driveway?

[geochem]

quote:

---

Originally posted by Frank

Ironyak...entitlement programs like DHHL, OHA, Kam schools, etc...

Entitlements?? I was of the assumption that these programs, DHHL, OHA, are grounded in Trusts for a once sovereign people. The International community recognized Hawaii as a sovereign Nation, which can not be said other indigenous peoples of our Nation

Kam schools are an entitlement? I recall the schools being started in 1887 via Princess Bernice Bishop's wishes...Bishop Estate is an entitlement?

---

A point of clarification on Kam Schools: Frank you are correct, Kam Schools is a trust set up by Princess Bernice Bishop. However, my understanding is that the trust was set up specifically for "orphans and others in indigent circumstances" with "preference" for children of Hawaiian ancestry. (you can read the text here:https://www.ksbe.edu/about_us/about_pauahi/will/).

The will does not say that it is to be exclusively for children of Hawaiian ancestry. Contrary to the will, the first gate that a child must get through for acceptance is to be able to claim Hawaiian ancestry; being orphaned or in indigent circumstances, again contrary to the will, doesn't seem to play a large role... Kam Schools was challenged some years ago for that practice - as a result, I believe that they admitted one Caucasian child and called it good...

Another case where, in Hawaii, adherence to laws are entirely discretionary for the powers that be...

[HereOnThePrimalEdge]

the trust was set up specifically for "orphans and others in indigent circumstances" with "preference" for children of Hawaiian ancestry.

Should we point out this discrepancy to Kai Kahele so he can look into correcting it? With qualifications for Kam School admissions as the Princess intended?