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https://www.bigislandvideonews.com/2019/...cess-road/
Short answer: DHHL, because nobody can produce paperwork showing that the road was transferred to DoT or anyone else.
"When you have a beneficiary as defined by the Hawaiian Homes Commission Act of 1920 sitting on the Mauna Kea Access Road, what does not give them the right to be there?" Kahele questioned.
Per Hawaii County Code, the Statewide Traffic Code applies:
Section 24-2. © Pursuant to the authority delegated to the County by Act 173 of 1995, all streets that have been used by the general public for a period of more than six months are hereby designated by the council to be subject to the provisions of chapter 291C of the Hawaii Revised Statutes, known as the "Statewide Traffic Code," and this chapter.
There's just nothing quite like selective enforcement...
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Until proven otherwise, They, the Hawaiians, own the land...should be interesting...
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Until proven otherwise, They, the Hawaiians, own the land...
A compelling argument -- but based on the "rule of law", which also says the road is under State (HRS 291C) and County (Chapter 24) jurisdiction.
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Kai can ignore the answers given by both DHHL and the Asst. Attorney General there in that DHHL does not own the road, nor would there need to be a land transfer process, as there has been compensation provided to allow this improvement to be built (and kept open to the public).
However his point that every DHHL beneficiary has the right to access DHHL property at will is interesting - hopefully more beneficiaries take him up on this and immediately move onto DHHL lands of their choice and set up camp - fastest way to resolve these issues. Just tell em Kai said you could.
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However his point that every DHHL beneficiary has the right to access DHHL property at will is interesting
Perhaps Kai inadvertently came up with an even better idea than he intended. I do hope a few thousand Native Hawaiians take him up on his suggestion. Good luck now that precedent has been set moving their tents and lawn furniture off their claim. Will OHA continue paying for breakfast, lunch, and dinner and maybe add a delivery service? Plate lunch in 30 minutes or less - - or it’s free. Either way, on time or late, it’s free.
"I'm at that stage in life where I stay out of discussions. Even if you say 1+1=5, you're right - have fun." - Keanu Reeves
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quote:
Originally posted by ironyak
Kai can ignore the answers given by both DHHL and the Asst. Attorney General there in that DHHL does not own the road, nor would there need to be a land transfer process, as there has been compensation provided to allow this improvement to be built (and kept open to the public).
However his point that every DHHL beneficiary has the right to access DHHL property at will is interesting - hopefully more beneficiaries take him up on this and immediately move onto DHHL lands of their choice and set up camp - fastest way to resolve these issues. Just tell em Kai said you could.
I think you missed where they said a land swap would be the compensation, but there was no land swap.
This is a prime example of why Hawaiians are so angry. They keep gaslighting us saying follow the laws all while they aren't and then they'll rewrite the laws to make them fit their needs.
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Kaimana wrote:
"This is a prime example of why Hawaiians are so angry."
Would it be fair to say that you don't speak for all Hawaiians? Therefore, why make the claim Hawaiians are angry? Knowing many Hawaiians who support the observatories and support the TMT, I think "frustrated" would be a better word to describe their attitude. That includes the frustration of having people speak on their behalf just like you did.
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If true, seems like an issue that should have been taken up in court long ago by DHHL. Isn't anyone doing their job over there?
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"Isn't anyone doing their job over there?"
This is a rhetorical question, right?
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quote:
Originally posted by TomK
Kaimana wrote:
"This is a prime example of why Hawaiians are so angry."
Would it be fair to say that you don't speak for all Hawaiians? Therefore, why make the claim Hawaiians are angry? Knowing many Hawaiians who support the observatories and support the TMT, I think "frustrated" would be a better word to describe their attitude. That includes the frustration of having people speak on their behalf just like you did.
Hypocritical much? So now you speak for Hawaiians?
