08-13-2010, 07:57 AM
Bob,
Your suggestions are appreciated. You must remember who the author of the resolution is and the underlying agenda, which is almost impossible to empathize since you do not depend on the public road to access your property. This is understandable. To answer your question, yes, I know who initiated this proposal to privatize and why. My family owns 98 acres next to their 28 acres. As I was living in Hamakua at the time and wishing to be neighborly, I allowed them to graze their cattle on my land for 6-7 years without rent. When I decided to come back to my family land to farm, I notified them that I could no longer extend this courtesy and there’s a farmer who wishes to lease from me, but I would give them, my neighbors, first opportunity and decide fair rent or share water with me since there’s a moratorium on water meters and I do not have one. Initially, they agreed to share water. Later, they backed out so I leased to the other farmer. I had a problem getting them to remove their cattle and remove their fencing to accommodate the other farmer. [See correspondences below] They repeatedly asked to buy my family land, although I kept telling them it was not for sale. This is when the repeated aggression began, although they had been intimidating another small farmer for months prior. Fortunately, I have their emails to me as proof of their controlling behavior. There were also eye witnesses of their less-than-neighborly actions towards me. They’ve beaten up a farmer (while his young daughter watches) for using this public road they refer to as their “drive way”. The farmer called 911 when it was obvious he was about to be battered (police report # CO9029901 for assault/battery, caught on the farmer’s call to 911) (police report # CO9030129 for terrorist threat against the farmer’s life, caught on his cell phone). These are criminal issues for the courts to decide, and not relevant nor appropriate to go into details here.
In relation to me, I was intentionally locked out from the public road that accesses my home on 3 consecutive days (witnessed by near-by neighbor who took me in the first day; tried to take me home and faced with intimidation by AN the 2nd day; I had no choice but to go to the police the 3rd day (report # CO9014096) In the interest of peace and community, I have NOT YET pursued legal/criminal proceedings against these aggressors, hoping they will see the light.
Not knowing their full intentions initially, I DID suggest that as long as fellow abutting neighbors who wish to privatize, sign a notarized agreement to acknowledge that I, my family, and affiliates will continue to have access to this road, they and their friends can privatize if they choose. Surprise…no one returned agreement to me. [See the correspondences below]. They spread all kinds of lies about me in the neighborhood while attempting to be the self-appointed neighborhood police, requesting that I submit permits for fish ponds, chicken coops, etc…[see correspondence below] then filing complaints to the county, upon which councilman Guy Enriques was too happy to take over. On the same correspondence, they’ve also appointed themselves gate keeper to the illegal gate placed on a PUBLIC road. They want to further exert their control on the neighborhood by attempting to create “Ka Lae Community Association” under the guise of cleaning up South Point. Community Associations usually mean dues and the ‘Association’ board gets to dictate and fine those who do not comply with their agenda. I’m too familiar with this scheme.
Yes, I’m not happy to have gotten locked out of access to my property. I’m outraged that a farmer was actually beaten up for using this public road to check on his farm, in the presence of his minor child. I’m uncomfortably upset that a small farmer was so intimidated by these aggressors that he begged me not to speak up or do anything for fear of retribution. I was sorry that I couldn’t accommodate his wishes because I would be doing all small farmers and the general public a great disservice by keeping quiet. If I don’t step up, and you don’t step up, then who will??
I have so much more written proof of the aggressive neighbor’s not-so-neighborly doings, and although my intent was NOT to drag anyone through mud (that’s why I leave out names), there comes a time when all will be out in the open for anyone and everyone to examine if these people continue to push.
"You have nothing to fear but fear itself" Franklin D. Roosevelt
"But the greatest danger of all would be to do nothing." John F. Kennedy
----------
From: Teri
To:
Sent: Fri, November 6, 2009 4:37:04 PM
Subject: privatization of Old Gov't Rd/Kamaoa Rd.
Aloha friends and neighbors,
Upon the advice of my attorney, privatization of the Old Gov't Road may not be in my best interest for reasons, some of which are stipulated below:
1- There are grave sites on my property with deeded access rights for family visitation, which I cannot and will not obstruct.
2- There is currently an assault investigation involving 1 of the neighbors on said road.
3- Although public notice was not posted about the meeting on 10/22/09, MB (a neighbor on South Point Rd.), voiced his opposition to privatization (both verbal as well as written) as he is investigating theft to his crops. Regardless of the legitimacy of his claims, I will not be one to obstruct his investigations.
At this point, should the land owners whose properties abut said Old Gov't Rd. wish to privatize, they may do so providing that each acknowledges in writing of my continuing rights of access, regardless of any change of status of said road. Unless the following statement is signed, notarized, and mailed to me by all parties involved, I will have no choice but to publicly oppose privatization. However, it is my intention to remain a good neighbor and support your wishes so long as my rights are protected. Please have the acknowledgement signed, notarized, and sent to my mailbox (P.O. Box 503 Naalehu, HI 96772) by or before Thanksgiving (11/26/09). A copy of the form is attached for your convenience. Thank you for your understanding and cooperation in this matter.
Sincerely,
Teri Nguyen
--------------------
Re: fencing
...
From: Teri
To: >
Aloha T & D,
Hope all is well with you folks. D told me that all the fencing will be out last Mon. and as of today, they are not yet all out. Also, I was told that rent has not been received and is 2 weeks overdue. I'd hate for you guys to have to pay another month's rent uneccessarily, so please see to these 2 issues and let me know ASAP when they will be addressed. Mahalo.
Teri
--- On Tue, 6/2/09,:
From: Teri
Subject: Re: fencing
To:
Date: Tuesday, June 2, 2009, 8:04 PM
Aloha T & D,
Hope all is well with you folks. It's now June and your fencing is still up on our property. D had removed all the posts, but the barbed wires are still up. When can you guys see to this? Let me know. Mahalo.
Teri
--- On Wed, 5/6/09,
From: Subject: Re: fencing
To: Teri
Date: Wednesday, May 6, 2009, 9:13 PM
no worries we will be out in two weeks , will finish it up then,
________________________________________
From: Teri
To:
Sent: Tuesday, May 5, 2009 3:49:52 PM
Subject: fencing
Aloha T and D,
Thanks again for hosting the meeting. It was very enlightening indeed so that now I have a better picture of who my neighbors are.
As you guys no longer have any desire to lease our land for grazing, there are other interested parties. The new lessors will be putting up their own fencing. When will you be able to pull out all your fencing so I can have property lines reassessed? I need to know a specific date in the next couple of weeks or so as I need to make proper arrangements. Don't worry about the land lease fee for Jan.-April. I've paid it for you, as well as for the last 5-6 years. Thanks for all your help.
Teri
-----------------
meeting
...
From:
...
To: Teri
Good morning Teri;
Meeting is at 5:00pm, also you might want to bring your permits for the water holding ponds you guys put in because there are some people asking about them, and D and I were talking last nite, does your deed specify
that you can enter the easement road for anything other than "utility purposes", the only party that we are required to allow on that easement is Helco for utility purposes only. Just asking you check on this. I was asked to check on the pond stuff but I figured that you have the permits already. Thank see you tonite .....
Your suggestions are appreciated. You must remember who the author of the resolution is and the underlying agenda, which is almost impossible to empathize since you do not depend on the public road to access your property. This is understandable. To answer your question, yes, I know who initiated this proposal to privatize and why. My family owns 98 acres next to their 28 acres. As I was living in Hamakua at the time and wishing to be neighborly, I allowed them to graze their cattle on my land for 6-7 years without rent. When I decided to come back to my family land to farm, I notified them that I could no longer extend this courtesy and there’s a farmer who wishes to lease from me, but I would give them, my neighbors, first opportunity and decide fair rent or share water with me since there’s a moratorium on water meters and I do not have one. Initially, they agreed to share water. Later, they backed out so I leased to the other farmer. I had a problem getting them to remove their cattle and remove their fencing to accommodate the other farmer. [See correspondences below] They repeatedly asked to buy my family land, although I kept telling them it was not for sale. This is when the repeated aggression began, although they had been intimidating another small farmer for months prior. Fortunately, I have their emails to me as proof of their controlling behavior. There were also eye witnesses of their less-than-neighborly actions towards me. They’ve beaten up a farmer (while his young daughter watches) for using this public road they refer to as their “drive way”. The farmer called 911 when it was obvious he was about to be battered (police report # CO9029901 for assault/battery, caught on the farmer’s call to 911) (police report # CO9030129 for terrorist threat against the farmer’s life, caught on his cell phone). These are criminal issues for the courts to decide, and not relevant nor appropriate to go into details here.
In relation to me, I was intentionally locked out from the public road that accesses my home on 3 consecutive days (witnessed by near-by neighbor who took me in the first day; tried to take me home and faced with intimidation by AN the 2nd day; I had no choice but to go to the police the 3rd day (report # CO9014096) In the interest of peace and community, I have NOT YET pursued legal/criminal proceedings against these aggressors, hoping they will see the light.
Not knowing their full intentions initially, I DID suggest that as long as fellow abutting neighbors who wish to privatize, sign a notarized agreement to acknowledge that I, my family, and affiliates will continue to have access to this road, they and their friends can privatize if they choose. Surprise…no one returned agreement to me. [See the correspondences below]. They spread all kinds of lies about me in the neighborhood while attempting to be the self-appointed neighborhood police, requesting that I submit permits for fish ponds, chicken coops, etc…[see correspondence below] then filing complaints to the county, upon which councilman Guy Enriques was too happy to take over. On the same correspondence, they’ve also appointed themselves gate keeper to the illegal gate placed on a PUBLIC road. They want to further exert their control on the neighborhood by attempting to create “Ka Lae Community Association” under the guise of cleaning up South Point. Community Associations usually mean dues and the ‘Association’ board gets to dictate and fine those who do not comply with their agenda. I’m too familiar with this scheme.
Yes, I’m not happy to have gotten locked out of access to my property. I’m outraged that a farmer was actually beaten up for using this public road to check on his farm, in the presence of his minor child. I’m uncomfortably upset that a small farmer was so intimidated by these aggressors that he begged me not to speak up or do anything for fear of retribution. I was sorry that I couldn’t accommodate his wishes because I would be doing all small farmers and the general public a great disservice by keeping quiet. If I don’t step up, and you don’t step up, then who will??
I have so much more written proof of the aggressive neighbor’s not-so-neighborly doings, and although my intent was NOT to drag anyone through mud (that’s why I leave out names), there comes a time when all will be out in the open for anyone and everyone to examine if these people continue to push.
"You have nothing to fear but fear itself" Franklin D. Roosevelt
"But the greatest danger of all would be to do nothing." John F. Kennedy
----------
From: Teri
To:
Sent: Fri, November 6, 2009 4:37:04 PM
Subject: privatization of Old Gov't Rd/Kamaoa Rd.
Aloha friends and neighbors,
Upon the advice of my attorney, privatization of the Old Gov't Road may not be in my best interest for reasons, some of which are stipulated below:
1- There are grave sites on my property with deeded access rights for family visitation, which I cannot and will not obstruct.
2- There is currently an assault investigation involving 1 of the neighbors on said road.
3- Although public notice was not posted about the meeting on 10/22/09, MB (a neighbor on South Point Rd.), voiced his opposition to privatization (both verbal as well as written) as he is investigating theft to his crops. Regardless of the legitimacy of his claims, I will not be one to obstruct his investigations.
At this point, should the land owners whose properties abut said Old Gov't Rd. wish to privatize, they may do so providing that each acknowledges in writing of my continuing rights of access, regardless of any change of status of said road. Unless the following statement is signed, notarized, and mailed to me by all parties involved, I will have no choice but to publicly oppose privatization. However, it is my intention to remain a good neighbor and support your wishes so long as my rights are protected. Please have the acknowledgement signed, notarized, and sent to my mailbox (P.O. Box 503 Naalehu, HI 96772) by or before Thanksgiving (11/26/09). A copy of the form is attached for your convenience. Thank you for your understanding and cooperation in this matter.
Sincerely,
Teri Nguyen
--------------------
Re: fencing
...
From: Teri
To: >
Aloha T & D,
Hope all is well with you folks. D told me that all the fencing will be out last Mon. and as of today, they are not yet all out. Also, I was told that rent has not been received and is 2 weeks overdue. I'd hate for you guys to have to pay another month's rent uneccessarily, so please see to these 2 issues and let me know ASAP when they will be addressed. Mahalo.
Teri--- On Tue, 6/2/09,:
From: Teri
Subject: Re: fencing
To:
Date: Tuesday, June 2, 2009, 8:04 PM
Aloha T & D,
Hope all is well with you folks. It's now June and your fencing is still up on our property. D had removed all the posts, but the barbed wires are still up. When can you guys see to this? Let me know. Mahalo.
Teri--- On Wed, 5/6/09,
From: Subject: Re: fencing
To: Teri
Date: Wednesday, May 6, 2009, 9:13 PM
no worries we will be out in two weeks , will finish it up then,
________________________________________
From: Teri
To:
Sent: Tuesday, May 5, 2009 3:49:52 PM
Subject: fencing
Aloha T and D,
Thanks again for hosting the meeting. It was very enlightening indeed so that now I have a better picture of who my neighbors are.
As you guys no longer have any desire to lease our land for grazing, there are other interested parties. The new lessors will be putting up their own fencing. When will you be able to pull out all your fencing so I can have property lines reassessed? I need to know a specific date in the next couple of weeks or so as I need to make proper arrangements. Don't worry about the land lease fee for Jan.-April. I've paid it for you, as well as for the last 5-6 years. Thanks for all your help.
Teri-----------------
meeting
...
From:
...
To: Teri
Good morning Teri;
Meeting is at 5:00pm, also you might want to bring your permits for the water holding ponds you guys put in because there are some people asking about them, and D and I were talking last nite, does your deed specify
that you can enter the easement road for anything other than "utility purposes", the only party that we are required to allow on that easement is Helco for utility purposes only. Just asking you check on this. I was asked to check on the pond stuff but I figured that you have the permits already. Thank see you tonite .....